section 5
Donation of dead bodies or any part thereof of deceased person to be used for the purpose of medical education or research including anatomical examination and dissection
The Nagaland Anatomy Act 2024(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in possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the dead body or such part thereof to any approved institution for use in accordance with the request.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deceased had expressed an objection to his body or any part thereof being so dealt with after his death, and had not withdrawn such objection; or (b) that any near relative of the deceased objects to the body being so dealt with.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.
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