Donation of dead bodies or any part thereof of deceased person to be used for therapeutic and certain other purposes.

1[5B. Donation of dead bodies or any part thereof of deceased person to be used for therapeutic and certain other purposes.- (1) If any person either in writing at any time or orally in the presence of two or more witnesses during his last illness whereof he died, has expressed a request that his body or any part of his body be given to authorities in charge of an approved institution for being used after his death for therapeutic purposes or for the purpose of medical education or research including anatomical examination and dissection, the person lawfully in possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the death body or such part thereof to any approved institution for use in accordance with the request.

1. (2) Without prejudice to the provisions of sub-section (1), the persons lawfully in possession of the body of a deceased person may authorise the removal of the whole body or any part from the body for use for the purpose specified in sub-section (1) unless such person has reason to believe-
   • (a) that the deceased had expressed an objection to his body or any part thereof being so dealt with after his death, and had not withdrawn such objection; or
   • (b) that any near relative of the deceased objects to the body being so dealt with.
2. (3) Subject to the provisions of sub-section (4) and (5) of this section, the removal and use of the whole body or any part of a body in accordance with an authority given in pursuance of this section shall be lawful and shall be sufficient warrant for the removal of the body or any part thereof and its use for the purposes of this Act.
3. (4) In no case shall the body or any part of the body of any person be removed for any of the purposes specified in sub-section (1) from any place where such person may have died until after forty-eight hours form the time of such person's decease, nor until after twenty-four hours' notice, to be reckoned from the time of such decease, to 2[* * *] the Executive Magistrate, of the intended removal of the body, nor unless a certificate stating in what manner such person came by his death shall, previously to the removal of the body, has been signed by a registered medical practitioner who attended such person during the illness whereof he died, or, if no such practitioner attended such person during such illness, then by a registered medical practitioner who shall be called in after the death of such person to view his body, and who shall state the manner and cause of death according to the best of his knowledge and belief, but who shall not be concerned in dealing with the body for any of the purposes aforesaid after removal; and in case of such removal, such certificate shall be delivered together with the body to the authority in charge of an approved institution receiving the same for any of the purposes aforesaid.
4. (5) If the person lawfully in possession of the body has reason to believe that an inquest or a post-mortem examination of such body may be required to be held, in accordance with the provisions of any law for the time being in force, the authority for the removal of the body or any part thereof shall not be given under this section except with the consent of the authority empowered to hold an inquest or order a post-mortem under such law.