THE KERALA ANATOMY (AMENDMENT) ACT, 1964 (ACT 3 Of 1964 ) [1]An Act to amend the Kerala Anatomy Act, 1957 Preambl e.-WHEREAS it is expedient to amend the Kerala Anatomy Act, 1957, for the purposes hereinafter appearing ; BE it enacted in the Fifteenth Year of the Republic of India as follows:- 1. Short title and commencement.-(1) This Act may be called the Kerala Anatomy (Amendment) Act, 1964. 2. It shall come into force on such data as the Government may, by notification in the Gazette appoint. 2 Amendment of the Long Title and Preamble, Act 17 of 1957.-In the Long Title and the Preamble of the Kerala Anatomy Act, 1957 (Act 17 of 1957), hereinafter referred to as the principal Act, the word "unclaimed" shall be omitted. 3 . Insertion of new section 4A in Act 17 of 1957.-After section 4 of the principal Act, the following section shall be inserted, namely:- " 4A. Taking possession of dead bodies with the prior consent of the deceased persons.-(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of his body after his death, may, unless, the said party has reason to believe that the request was subsequently withdrawn, report the fact to the authorised officer and permit the said officer to take possession of the body and hand it over to the authority in charge of a teaching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believe- (a) that the deceased had expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or (b) that the surviving spouse or any near relative of the deceased objects to the body of the deceased being so dealt with. (3) When there is any doubt regarding the cause of death or when for any reason the authorised officer considers it expedient so to do, he shall forward the dead body to the police officer referred to in section 174 of the Code of Criminal Procedure, 1898. (4) Where any dead body taken possession of by the authorised officer under this section is not required by the authority in charge of a teaching medical institution it shall be returned to the party who was lawfully in possession of the body after death. (5) No permission shall be given under this section in respect of the body of a deceased person by any person who has been entrusted with the body solely for the purpose of its interment, burial, cremation or disposal otherwise". |