Bill No. 4 of 1974 THE MANIPUR ANATOMY BJLIL, 1974 (As passed by the Legislative Assemhly of Manipur) A .
BILL \xt‘t‘ to provide for the supply of unclaimed bodies ofdeceased persons to hospitals and medical and teaching institutions for the purpose of anatomical examination, dissection and other similar purpose.
WHEREAS it is expedient to provide for the supply of unclaimed bodies of deceased persons to hospitals and medical and teaching institutions for the purpose of anatomical examination, dissection and other similar purposes ;
BE~ it enacted by the Legislature of Manipur in the Twenty fifth Year of the Republic of India as follows :
1. ’(1) This Abt may be called the Manipur Anatomy Act, 1974
(2) It extends to the whole of the State of Manipur.
(3) It shall come into force oh such date asthe State Government may, by " notification in the Manipur Gazette, appoint.
2. In this Act, unless the context otherwise requires,»—
(a) “approved institution” means a hosPital or a medical college or an allied institution declared by the State Government by notification in the Manipur Gazette to be an approved institution for-the purposes of this Act ; .
(b) “authorised officer” means an ofiicer authorised under section 3 ; ' ‘ .
(c) “person 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 I—In this clause, “near relative” means any ofthe following relatives ofthe deceased, namely,'wife; husband, ' parent, son, daughter, brother and sister and includes any other person who is related to the deceased— ‘ \ short title, extent and commence— meat.
Definitions.
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(i) by lineal consanguinity within three degrees or bycollateral consanguinity Within six degrees, or
(ii) by marriage with any of the relatives aforesaid.
Explanation II—“Lineal consanguinity” and “collateralconsanguinity’ shall subject to the modification that an adoptedperson shall be deemed to be a person born to his adopters 1n. lawful wedlock, have the meanings assigned to them in theIndia Succession Act, 1925 and degrees of relatiomhip shallbe computed in the manner laid down in that Act :
(d) “prescribe ” means prescribed by rules made under‘ this Act ;
(e) “State Government” means the Government oftheState of Manipur ;
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(f) “unciaimed body” means the body ofa person whodies in a hospital, prison or public place which hasnot been claimed by any person iriterested withinsuch time as may be ‘preseribed.
£31??ng 3- (.1) The 3W6 Govemment may,.jh£‘§swtifmation in Hevernment MaDIPUr Gazette, authorise for the area In yvh-‘ch this Acttoauthorise comes into force or any part thereof,gone or more officers toOmcers to whom a report shall be made under Section 4 and such ofi‘icxact under . ,, ' ' ' ‘ 3' '- ,L; .
section4. or oificers shall be comeetent to act under the said seeton.
(2) Every officer authorised undersub-section (1) shallbe deemed to be a public servant within the meanin-gnfseetion 21 of' the Indian Penal Code. '
4. (1) .H a person dies in .a h .zspita! or in a priwon and hisbody is not claimed by any person interested within such timeU 1 . d as may be prescribed, the authority in charge ot‘such hospjm]bolzicieimilg or prison or any police officer shalt, with the least practicabie hospi'tals, delay, report the fact to the authorised oflicer who Shall takeprisons and possessmn of the unclaimed body and except in the caseplubhc teferred to in sub-section (3), hand it over to the authority $??be in charge of an approved institution, if it is required by that dealt with. authority, for therapeutic purposes or for the purpose ofconducting anatomical examination or dissection or for anyother \similar purpose. ' '
(2) If a peason dies in any public place. in an area in whichhe had no permanent place of residence and the body 01‘ thatperson is not claimed by any person interested within such timeas may be prescribed, the authorised oflicer shall take possesion. of such unclaimed body and except in the case referred toin sub-section (3) hand'it over to the authority in charge ofan approved institution, it‘it is required by that authorityfor the purposes specified in sub—section (1). ' ’ ~ 39 of 1925 45 of 1860.
2 of 1974.
3 . (3) When there is any doubt-izegarding the cause of death or When for any reason the authorised 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, 1973.
(4) Where any unclaimed body taken possession of by the authorised oflicer under this section is not required by the authority in charge ofan approVed institution for the purposespecified in sub—section (1). it shall be disposed of in such 'manner as may be prescribed.
5. (1) If any doubt or dispute arises Whether a person is or is not a person interested for the purposes of section 4, the matter shall be referred to the District Magistrate or the Subdivisional Magistrate and the decision of su'ch Magistrate shal} be final.
Explanation : In this section, “District Magistrate” or “Sub—divisionai Magistrate” means the District Magistrateof the. District or the Sub-divisional Magistrate of the Subdivision, as the case may be, in which the person deceased had his ordinary place of residence.
(2) ‘Pending such decision, the body of the deceased person shall be preserved from decay in such manner as may be prescribed.
' 6. Whoever disposes of, or abets the disposal of, an unclaimed body save as provided by this Act, or obstructs any authority in charge of‘an approved institution or an authorised officer from handing over, taking possession of, removing or using, an unclaimed body for the purposes specified in section 4 shallbe punishable with fine Which may extend to five hundred rupees.
7 , Ali oflicers and other employees serving in the Police, Medica‘. and Public: Health Departments, all oflficers and other ernployees in the service of a local authority, and all village officers and members of the public shail be bound to assist the anthorised officers in the discharge of their duties under this Act.
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8. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuanbe of this Act.
9 Doubt or dispute as to person interested.
Penalty Duty of Police and other ofiicers to assist in obtaining p0.
ssession of unclaimed bodies Protection of persons acting under ACt. ' Power to ’ make rules.
President’s Act No. 2 of 1974.
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9. The State Government may, by notification in the ManipurGazette, make rules for carrying out the provisions of this Act.
10 Repeal & Savings : On and from the commencement ofthis Act, the Manipur Anatomy Act, 1974 published in theGazette of India, Extra-ordinary, Part 11, Section I, dated the19th February, 1974 is hereby repealed : .
Provided that-anything done or any action taken underthe said Act so repealed shall be deemed to have been doneor taken under the corresponding sections of this Act.