No: 18 Dated: Aug, 14 1951

THE TAMIL NADU ANATOMY ACT, 1951

Tamil Nadu Act 18 of 1951

    An Act to provide for the supply of unclaimed bodies of deceased persons to teaching medical institutions and hospitals for the purpose of anatomical examination and dissection or medical relief or treatment.

    Whereas it is expedient to provide for the supply of unclaimed bodies of deceased persons to teaching medical institutions and hospitals for the purpose of anatomical examination and dissection or medical relief or treatment.

It is hereby enacted as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Anatomy Act, 1951.

(2) It extends to the whole of the State of Tamil Nadu.

(3) This section shall come into force at once.

(4) The State Government may, by notification in the Fort St. George Gazette, direct that the remaining provisions of this Act shall come into force on such date and in such area as may be specified in the notification.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-

(a) "authorized officer" means an officer authorized under section 3;

(b) "hospital" means any hospital established or maintained by the State Government, or by any municipal council, district board or panchayat and includes any other hospital which may be declared by the State Government by notification in the Fort St. George 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.

Explanation. - The expressions "lineal consanguinity" and "collateral consanguinity" shall have the meanings 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;

(d) "prescribed" means prescribed by rules made by the State Government under this Act;

(e) "teaching medical institutions" means any of the institutions specified in the Schedule to this Act and includes any other institution which may be declared by the State Government, by notification in the Fort St. George Gazette, to be a teaching medical institution for the purposes of this Act;

(f) "unclaimed body" means the body of a person who dies in a hospital, prison or public place, which has not been claimed by any of his near relatives within such time as may be prescribed.

3. Power of State Government to authorize officers to act under section 4. - (1) The State Government may, by notification in the Fort St. George 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 who 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).

4. Unclaimed dead bodies in hospitals, prisons and public places how to be dealt with. - (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-section (3), hand it over to the authority in-charge of a teaching medical institution or a hospital, if it is required by the authority in-charge of that institution or hospital, for the purpose of anatomical examination and dissection or medical relief or treatment, as the case may be.

(2) If a person dies in any public place in an area in which he had no permanent place of residence and the body of that person is not claimed by any of his near relatives within such time as may be prescribed, the authorized officer shall take possession of the unclaimed body and except in die case referred to in subsection (3), hand it over to the authority in-charge of a teaching medical institution or a hospital, if it is required by that authority, for the purpose specified in sub-section (1).

(3) When there is any doubt regarding the cause of death or when for any reason the authorized officer considers it expedient so to do, he shall forward the unclaimed body to the police officer referred to in section 174 of the Code of Criminal Procedure, 1898 (Central Act V of 1898).

(4) Where any unclaimed body taken possession of by the authorized officer under this section is not required by the authority in-charge of a teaching medical institution or a hospital for the purpose specified in sub-section (1), it shall be disposed of in such manner as may be prescribed.