section 4
Donation of bodies or any part thereof for anatomical examination.
The Sikkim Anatomy Act, 2014(1) If any person at any time before his death had expressed an intention in writing in the presence of two or more witnesses, that his body or any part ot his body be given to an approved institution for being used after his death for the purpose of conducting anatomical examination and dissection or other similar purpose, any person interested may, unless he has reason to believe that the sa id intention was subsequently revoked authorize the removal of the dead body or such part thereof to any approved institution for use in accordance with the intention. (2) Without prejudice to the provisions of sub-section (1) such person interested may authorize the removal of the whole body or any part from the body for use for the purposes specified in sub-scctlon (1) unless he 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deceased had expressed an objection to his body or any part thereof being so dealt with after his death, and had not withdrawn such objection; or (b) that any near relative of the deceased referred to in clause (f) of section 2 objects to the body being so dealt with. (3) Subject to the provrsions of sub-section (4) and (5), 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 to 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,-(a) within forty-eight hours from the time of such person's death; or (b) until after twenty-four hours' notice, (to ~e reckoned from the time of such death) to the Executive Magistrate of the intended removal of the body; or (c) unles.::.:: c.s':!Tcate stating in what manner such perSG~ C2'~t: c:y his death shall, previousty to the re mc i a c: trie body has been signed by the regis!::::'9d medical practitioner who attended such per sc : jurng such illness, then by a registered 11120::' caciiuoner who shall be called in after the oee:" Ji such person to view his body and who she state the manner and cause of death ace::':: "g to the best of his knowledge and belief, 8L'~',','''0 shall not be concerned in dealing with the botiy 'elr any of the purposes aforesaid removal ans ;"\ case of such removal, suchceriificate shall be C:::' vered together with the body to the authority j..,·c-:=: 'ge of an approved institution receiving the S2-··~ 'c;r any of the purposes aforesaid. (5) If the Of'SC'; interested has reason to believe that an incue sf: : a post-mortem examination of such body may De --?::.,j ired to be held, in accordance with the prOIJ:sic~:::i any law for the time being in force, the authc+t, ':- the removal of the body or any part thereof snan no:': ::-e given under this section except with the consent 0' :he authority empower to hold and inquest or order p8S~·-"oriem under such law.
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