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SIKI{Il\n
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Ga nqt ok Monday 6th July, 2015 No. 253
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No~12/LD/15
Dated: 29.06.2015
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 18th
day of November, 2014 is here by published for general information:-
THE SIKKIM ANATOMY ACT, 2014
(ACT NO. 12 OF 2014)
AN
ACT
to provide for the supply of unclaimed dead bodies of deceased persons to hospitals and medical anc teaching institutions for therapeutic purpose or' for the purpose of anatomical examinations or dissections, surgical operation and research work and for matters connected therewith or incidental thereof.
Be it enacted by the legislature of Sikkim in the Sixty-fifth Year of the Flcpublic' of India as follows:-
Short title extent and 1.
Commencement:
(1) This Act may be called the Sikkim Anatomy Act, 2014.
(2) It shall extend to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may by Notification in the Official Gazette, appoint.
Definitions: 2. In this Act, unless there is anything repugnant in the subject of context:-
"anatomical examination" means;-
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(i) dissection of various parts of the body, for example head, neck, thorax, abdomen, upper limb, lower limb, brain, spinal cord, thereby identification of muscles, arteries, veins, nerves, in gross of various parts mentioned above;
(ii) study of various surface landmarks and attachments on human dry bones;
(i:i) study of external and internal features of various organs of the body;
(a) "approved institution" means a Government nosc.:e: or a Government medical or teaching institute or de-::2~ed by the State Government by notification in the Off:C;2i Gazette to be an aooroveo institution for the purpose of the Act;
(b) "authorized Officer" means an officer author.z sc to act under sect.c-: ..::
(c) "Government" means the State Government or S:'.\.~;:f''':
(d) "hoscitat' rrear-s any hospital established or ;rla~n:a~nej by the Stale 'V"Jl.
(e) "near r€~·2:>ia· 7-7::~;:S =~:- ::; ""':3 foliowing relatives of the deceased. :-:;:=';""',,;:,,_. a 'I";~S - .;S::?:-::.2arent.· son, daughter, brother a:rJD s.~;;er ;:-.:J .r; _:'2S, ::;;ry cthe: persons who is related L ::'":,s S:91::e2sej:·
(i) by lineal or coliateral consanguinity within three degrees in lineal refationship and six degree in coH2i:srai relationship, or
(ii) by rnarriap e either with the deceased or with any reier-ve soecifically mentioned in this clause or with any O~her relative within the aforesaid degrees:
Explanation,- The expression "lineal and collateral consanguinity"
shall have the mean:ng assigned to them in the law for the time being applicable in the Staie of Sikkim;
(f) "prescribed" means prescribed by the rules made under this Act:
(g) "unclaimed booy" means the body of a deceased person who has no near relative or whose body has not been claimed by any of his near relative within such time as may be prescribed.
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Power of Government to authorize officers to act under
section 5.
Donation of bodies or any part thereof for anatomical examination.
3 The State Government may, by notification in the Official Gazette, authorise for the area in which this Act comes into force or any part thereof, one or more officers to whom a report shall be made under section 4 and such officer or officers shall be competent to act under the said section.
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(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 thereot 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
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Unclaimed dead bodies to be Used for the therapeutic purpose or anatomical
examination.
(c) unles.::.:: c.s':!Tcate stating in what manner such perSG~ C2'~t: c:y his death shall, previousty to the r e 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.
5. (1) Where a : Sison under treatment in a hospital whether esiabj,s;'2C by or vesting in, or maintained by, the gover;':-""'2r•or any local authority, dies in such hospital and his tccy is unclaimed, the authorities in charge of such ncspttal shall with the least practicable delay report ths fact to the authorized officer and such officer shall tr-sn hand over the unclaimed body to the authorities in charge or an approved institution for any theraper:c purpose or for the purpose of conducting anatomic'?" examination and dissection.
(2) Where 2. person dies at hospital other than a hospital referreo :0 in sub-section (1) or in a prison and his body is ~:!claimed, the authorities in charge of such hospita .:;' PriSOIl shall with the least practicable delay report ths fact to the authorized officer who shall hand over the cnctaimed body to the authorities in charge of an approved institution- for the purpose specified in sub- section (1).
(3) Where 2. person having no permanent place of residence in the area where his death has taken place/ dies in any public place in such area and his body is unclaimed, the authorized officer shall take possession of the body and shall hand it over to the authorities in
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Doubt of dispute whether person claiming body is near relative to referred to Executive Magistrate and body to be
preserved pending decision.
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Penalty. 7. Duty of Police and other oHicers to assist.
8.
Protection of person 9. acting under the Act. Officer to be public 10. servant.
Power to make rules. 11. charge of an approved institution for Hie purpose specified In sub-section (1).
(4) Where there is any doubt regarding the cause of death or when for any other reason, the authorized officer considers it expedient so to do, he shall forward the unclaimed body to a police officer referred to in section 174 of the Code of Criminal Procedure 1973.
(1) If any doubt or dispute arises as to whether a person claiming the body or a deceased person under section 5 is a near relative of the deceased or not the matter shall be referred to the Executive Magistrate or such officers as may be appointed ill this behalf by the Government and his decision shall be final and conclusive.
(2) Pending such decision, the authorized officer shall take all responsible care and stapes to preserve the body of the deceased person from decay.
Whosoever disposes of or abets the disposal of an unclaimed body save as permitted by this Act or obstructs any authority in charge of an approved institution or an authorized officer from handling over, taf.;;~l\J possession of, removing or using such dead body for the purpose specified in the Act shall on conviction be punished with fine which may extend to one thousand rupees.
All officers of the Police, Health Care Human Services and Family Welfare Department and all officers in the employment of a local authority and all Panchyats shall be bound to take all reasonable measures to assist the authorities and officers authorized under this Act 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 done in a good faith or intended to be done under this Act.
All officers appointed or authorized to act under this Act shall be deemed to be public servant within the meaning of section 21 of the lndian Penal Code, 1860 (45 of 1860).
(1) The Government may by notlfication in the Official Gazette make rules for carrying out the purposes of this Act. .
(2) Without prejudice to the generality of the provisions of sub-section (1) such rules may prescribe the period within which a near relatives shall claim the body of the deceased person.
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(3) Every rule f"n2je under this section shall be laid as soon as ma v oe atte r it is made before the State Legislature ',v" 'Ie ~i is in session for a total period of thirty-day w0ic"" may be comprised in one session or in two successvs session, and it before the expiry of the sess.on .n which it is so laid or the session immediately fclowing the Assembly agrees in making any rnodification in the rule or the assembly agrees that the rule should not be made the rule shall thereafter have effects only in such modified from or be of no effect as the case may be so, however that any such modification 0' annulment shall be without prejudice to the validity 0, anything previously done under that rule.
Lakchung Sherpa (SSJS) L.R.-cum-Secretary Law Department.
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