Meghalaya Anatomy Act, 2017
No: 13 Dated: Dec, 28 2017
THE MEGHALAYA ANATOMY ACT, 2017
ACT NO. 13 OF 2017
An Act to provide for the supply of unclaimed bodies of deceased persons or donated bodies or any part thereof of deceased persons to hospitals and medical and teaching institutions for the purpose of anatomical examination and dissection and other similar purposes.
Whereas it is expedient to provide for the supply of unclaimed bodies of deceased persons (or donated bodies or any part thereof of deceased persons) to hospitals and medical and teaching institutions for the purpose of anatomical examination and dissection and other similar purposes:
Be it enacted by the Meghalaya State Legislature in tne year of the Republic of India as follows:-
1. Short title, Extent and commencement:- (1) This Act may be called the Meghalaya Anatomy Act,2017.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force at once in the state of Meghalaya and on such date or dates as the State Government may by notification in the Official Gazette, specify from time to time.
2. Definitions:- (1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "Act" means the Meghalaya Anatomy Act, 2017;
(b) "approved institution" means a hospital or a medical college or an allied institution as may be declared by the State Government by notification in the Official Gazette, to be an approved institution for the purpose of this Act;
(c) "authorized officer” means an officer authorized under section 3;
(d) "hospital" means any hospital established or maintained by the State/Central Government or by any municipal corporation, municipal council, municipal borough, district municipality, district board or panchayat, and include any other hospital which may be declared by the '' State Government by notification in the Official Gazette, to be a hospital for the purposes of this Act;
(e) "persons interested" means a near relative or any other person who is interested in the disposal of the body of the deceased person in accordance with the religious usage or social custom of such deceased.
"Explanation.- for purposes of this clause, "near relative" means any of the following relatives of the deceased, namely, 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. The expressions" lineal consanguinity" and "collateral consanguinity" shall have the meaning assigned to them in the Indian Succession Act, 1925, ( Central Act XXXIX of 1925) and degrees of relationship shall be computed in the manner laid down in that Act;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "unclaimed body" means the body of a person who dies in a hospital, prison or public place or a place to which members of the public have got access and which has not been claimed by any person interested within such time as may be prescribed.
(2) The (Indian) General Clauses Act, 1897, shall apply for the interpretation of this Act, as it applies for the interpretation of a Meghalaya Act.
4. Power of the State Government to authorize officers to act under section 4:- (1) The State Government may, by notification in the official Gazette, authorize for the area in which this Act comes into force or any part thereof, one or more officers to whom a report shall be made under section 4 and such officer or officers shall be competent to act under the said section.
(2) Every officer authorized under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860.)