KERALA ANATOMY ACT, 1957
(1) This Act may be called the Kerala Anatomy Act, 1957.
(2) It extends to the whole of the State of Kerala .
(3) This section shall come into force at once, and the remaining provisions of this Act shall come into force on such date and in such area as may be specified by the Government by notification in the Gazette.
In this Act, unless the context otherwise requires;-
(a) "authorized officer" means an officer authorized under section 3;
(b) "hospital" means any hospital established or maintained by the Government, or by any municipal council, or other local authority and includes any other hospital which may be declared by the Government, by notification in the Gazette, to be a hospital for the purposes of this Act;
(c) "near relative" means any of the following relatives of the deceased, namely, a wife, husband, parent, son, daughter, brother or sister and includes any other person who is related to the deceased (i) by lineal consanguinity within three degrees or by collateral consanguinity within six degrees, or (ii) by marriage with any of the relatives aforesaid;
&nb
The Government may, by notification in the Gazette, authorize for the area to which this Act is applied or for any part thereof, one or more officers to whom a report shall be made under section 4 and who shall be competent to act under the said section.
(1) If a person dies in a hospital or in a prison and his body is not claimed by any of his near relatives within such time as may be prescribed, the authority in charge of such hospital or prison shall, with the least practicable delay, report the fact to the authorized officer, and the said officer shall take possession of the unclaimed body and except in the case referred to in sub-sections (3) and (4), hand it over to the authority in charge of a teaching medical institution, if it is required by that authority, for the purpose of conducting anatomical examination and dissection :
Provided that the authority in chare of such hospital or prison shall while reporting the fact to the authorised officer give intimation to the nearest religious or public institution, if any, belonging to the religion of the deceased and if such institution claims the dead body within the prescribed
(1) If any person, either in writing at any time or orally in the presence of two or more persons during his last illness, has expressed an unequivocal request that his body be used for the purpose of conducting anatomical examination and dissection after his death the party lawfully in possession of his body after his death, may, unless, the said party has reason to believe that the request was subsequently withdrawn, report the fact to the authorised officer and permit the said officer to take possession of the body and hand it over to the authority in charge of a teaching medical institution if it is required by that authority.
(2) Without prejudice to sub-section (1), the party lawfully in possession of the body of a deceased person may permit the authorised officer to take over possession of the body for the purposes aforesaid unless that party has reason to believe-
(1) If any doubt or dispute arises whether a person is or is not a near relative of the deceased for the purposes of section 4, the matter shall be referred to a Magistrate of the First Class, and the decision of such Magistrate shall be final and conclusive.
(2) Pending such decision, the body of the deceased person shall be preserved from decay in such manner as may be prescribed.
Whoever disposes of, or abets the disposal of an unclaimed body save as provided by this Act, or obstructs any authority in charge of a teaching medical institution or an authorised officer from handing over, taking procession of, removing or using, such dead body for the purpose specified in section 4, shall be punishable with fine which may extend to five hundred rupees.
All officers and servants of the Police, Medical and Public Health Departments, all officers and servants in the service of a local authority, and all village officers and servants shall be bound to take all reasonable measures to assist authorised officers in the discharge of their duties under this Act.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.
All officers appointed or authorised to act under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
(1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide-
(a) the period within which a near relative may claim the body of a deceased person;
(b) the procedure for the disposal of an unclaimed body under section 4;
(c) the conditions under which institutions may be recognised for purposes of section 4 (3) ;
(d) the manner in which the body may be preserved from decay;
(e) the procedure for proceedings under section 5 (1);
(f) matters which are to be and may be
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.