SIKKIM ANATOMY ACT, 2014

Act No. 12 of 2014

18th November, 2014

An Act to provide for the supply of unclaimed dead bodies of deceased persons to hospitals and medical and 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 Republic of India as follows:-

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S.1 Short Title Extent and 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.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject of context;-

• "anatomical examination" means;-
  • (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;
  • (iii) study of external and internal features of various organs of the body;
• (a) "approved institution" means a Government hospital or a Government medical or teaching institute or declared by the State Government by notification in the Office Gazette to be an approved institution for the purpose of the Act;
• (b) "authorized Officer" means an officer author zee to act under sector 4:
• (c) "Government means the State Government of Sikkim:
• (d) "hospital" means any hospital esta
  

S.3 Power of Government to Authorize Officers to Act under Section 5

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

S.4 Donation of Bodies or any Part thereof for Anatomical Examination

(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 of 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 said 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-section (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)
  

S.5 Unclaimed Dead Bodies to be used for the therapeutic purpose or Anatomical Examination

(1) Where a person under treatment in a hospital whether established by or vesting in, or maintained by, the government or any local authority, dies in such hospital and his body is unclaimed, the authorities in charge of such hospital shall with the least practicable delay report the fact to the authorized officer and such officer shall then hand over the unclaimed body to the authorities in charge or an approved institution for any therapeutic purpose or for the purpose of conducting anatomical examination and dissection.

(2) Where a person dies at hospital other than a hospital referred to in sub-section (1) or in a prison and his body is unclaimed, the authorities in charge of such hospital or prison shall with the least practicable delay report the fact to the authorized officer who shall hand over the unclaimed body to the authorities in charge of an approved institution for the purpose specified in subsection (1).

(3) Where a person having no permanent place of

S.6 Doubt of Dispute whether person claiming body is near relative to referred to Executive Magistrate and body to be preserved pending decision

(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 in 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.

S.7 Penalty

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, taking 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.

S.8 Duty of Police and Other Officers to assist

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 Panchayats 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.

S.9 Protection of person acting under the 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.

S.10 Officer to be Public Servant

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 Indian Penal Code, 1860 (45 of 1860).

S.11 Power to Make Rules

(1) The Government may by notification 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.

(3) Every rule made under this section shall be laid as soon as may be after it is made before the State Legislature while it is in session for a total period of thirty-day which may be comprised in one session or in two successive session, and it before the expiry of the session in which it is so laid or the session immediately to sowing the Assembly agrees in making any modification 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 of annulment shall be without prejudice to the validity or anything previously