The Nagaland Anatomy Act 2024

x The Nagaland Gazette 15 June, 2024 PART-V NOTIFICATION Dated Kohima, the 8% March, 2024. NO.LAW/ACT/23-26/2024 :: The Nagaland Anatomy Act 2024 (Act No. 1 of 2024) duly assented by the Hon'ble Governor of Nagaland on 14™ September 2023 is hereby published for general information. Sd/- 5 THEJANGU-U KIRE Secretary to the Govt. of Nagaland. : Nagaland Anatomy Act, 2024 (ACT No.1 of 2024) An Act

to provide for the supply of unclaimed bodies of deceased and for donation before death by a person of his body or any part thereof after his death to hospital and medical and teaching institution or for the purpose of medical education or research including anatomical examinations and dissection.

‘WHEREAS it is expedient to provide for the supply of unclaimed bodies of deceased person and for donation before death by a person of his body or any part thereof after his death to hospitals and medical and teaching institutions for the purpose of medical education or research including anatomical examination and dissection; It is hereby enacted as follows:-

(1) This Act may be called the Nagaland Anatomy Act, 2024. (2) it extends to the whole of the State of Nagaland. (3) it shall come into force at once.

In this Act unless there is anything repugnant in the subject or context:(a) “Act” means the Nagaland Anatomy Act, 2024. (b) “Approved institution” means a hospital or a medical or teaching institution approved by the State Government for an or any of the purposes of this Act. (c) “Authorized officer” means an officer authorized to act under section 3; (d) “Donor” shall have the same meaning as defined in the Transplantation of Human Organ and Tissues Act, 1994. (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 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 under this Act. (e) “Teaching medical institution” means any of the institutions specified in the schedule to this Act, and includes any other institution which may be declared by the government, by notification in the official Gazette, to be a teaching medical institution for the purposes of this Act. (f) “Unclaimed body” means a 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 person interested within such time as may be prescribed.

(1) The State Government may, by notification appoint an Executive Magistrate for such area as may be specified in the notification, to perform the functions of an Authorized officer under this Act and the rules made thereunder. (2) Every officer authorised 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).

(1) If a person dies in a hospital or in prison and his body is not claimed by any of his near relatives or personal friends (definition of personal friends for clarity in the definition of persons interested) 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 authorised 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, if it is required by the authority for the purpose of conducting anatomical examination and dissection. (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 or personal friends within such time as may be prescribed, the authorised 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, 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 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, 1898. (4) Where any unclaimed body taken possession of by the authorised officer under this section is not required by the authority in charge of a teaching medical institution for the purpose specified in sub-section (1), it shall be disposed of in such manner as may be prescribed.

(1) If any person at any time before his or her death had expressed an unequivocal desire and intention in writing in the presence of two or more witnesses that his body or any part of his body thereof be given to authorities in charge of an approved institution for being used after his death 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 dead body or such part thereof to any approved institution for use in accordance with the request. (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 purposes 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. (3) Subject to the provisions of sub-sections (4) and (5) of this sections 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. (4) The body or any part of the body of any deceased person shall not be removed for any of the purposes specified in sub-section (1) from any place where such person may have died: (i) within forty-eight hours from the time of such person’s decease, or; (ii) after twenty-four hours' notice, to be reckoned from the time of such decease to 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) The body or any part of the body of any deceased person shall not be removed for any of the purposes specified in sub-section (1) from any place where such person may have died: (i) within forty-eight hours from the time of such person's decease, or; (ii) after twenty-four hours' notice, to be reckoned from the time of such decease to 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 this 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.

(1) 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. (2) Nothing contained in this Act shall be construed to extend to, or to prohibit, any post-mortem examination of any human body required or directed to be made under any law for the time being in force in the State.

No authority for the removal of the body or any part thereof for the purposes of this Act shall be given under section 5 in respect of any body of a deceased person by a person entrusted with the body for the purpose only of its interment or cremation.

Every dead body removed as aforesaid for any of the purposes of this Act shall, before such removal, be placed in a decent coffin or shell or any other thing for holding the dead body, and be removed therein; and that the party removing the same, or causing the same to be removed as aforesaid, shall make provision that such body, after being dealt with for any of the purposes of this Act, be decently cremated or interred in consecrated ground, or in some public cremation or burial ground in use for persons of that religious persuasions to which the person whose body was so removed belonged; and that a certificate of the cremation, interment or burial of such body shall be transmitted to the Executive Magistrate, or any officer appointed by the State Government for the purposes, within six weeks after the day on which such body was received as aforesaid.

(1) If any doubt or dispute arises whether a person is or is not a near relative or a personal friend of the deceased for the purpose of section 4, the matter shall be referred to the District Magistrate, or to any Magistrate of the 1st class authorised by him. (2) Pending such decision, the body of the deceased person shall be preserved from decay in such manner as may be prescribed.

Whoever disposes of, or abets the disposal of an unclaimed body save as provided by this Act, or obstructs any authority in charge of a teaching medical institution or an authorised officer from handing over, or taking possession of, removing or using such dead body for the purpose specified in this Act shall, on conviction, be punishable with fine which may extend to Rs. 10,000 (Rupees Ten Thousand).

All officers and servants of the Police, Health & Family Welfare Departments, all officers and servants in the service of a local authority, and all village officers and servants shall be bound to take all reasonable measures to assist authorised officers in the discharge of their duties under this Act.

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 pursuance of this Act or of any rules made thereunder.

(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (i) the time within which the dead body should be claimed by near relatives or personal friends under sub-section (1) and (2) of section 4; (ii) the manner in which a dead body not required by a teaching medical institution shall be disposed of under sub-section (4) of section 4; (iii) the manner in which the dead body shall be preserved pending decision of the Magistrate under sub-section (1) of section 5.

(1) If any difficulties arises in giving effect to the provisions of this Act, the State Government may, by such notification or order, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, for removing the difficulties; Provided that such notification shall not be made after the expiration of a period of three years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall as soon as may be after it is made be laid before the State Legislature.