The ARUNACHAL PRADESH ANATOMY ACT, 2017

GOVERNMENT  OF  ARUNACHAL  PRADESH
LAW,  LEGISLATIVE  AND  JUSTICE  DEPARTMENT
ARUNACHAL  PRADESH  CIVIL  SECRETARIAT
ITANAGAR
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NOTIFICATION
12th June, 2017
No. LAW/LEGN-19/2017.—The following Act of the Arunachal Pradesh Legislative  Assembly
which was passed in the Eleventh Session of the Sixth Legislative Assembly and received the
assent of the Governor of Arunachal Pradesh is hereby published for general information.
(Received the assent of the Governor on 08.06.2017)
THE  ARUNACHAL  PRADESH  ANATOMY  Act, 2017
(ACT NO. 6 OF 2017)
An
Act
to provide for the supply of unclaimed bodies of deceased persons or donated bodies or
any part thereof of deceased persons to hospitals and medical and teaching institutions for the
purpose of anatomical examination and dissection and other similar purposes.
WHEREAS it is expedient to provide for the supply of unclaimed bodies of deceased
persons or donated bodies or any part thereof of deceased persons to hospitals and medical
and teaching institutions for the purpose of anatomical examination and dissection and other
similar purposes.
BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixty-eight
Year of the Republic of India as follows.
1. (i)    This Act may be called the Arunachal Pradesh Anatomy Act, 2017
(ii)  It extends to whole State of Arunachal Pradesh.
(iii)  It shall come into force from the date of its notification in the Official Gazette.
2. Definition :- In this Act, unless there is anything repugnant in the subject or context,-
(i)  "Approved Institution" means a hospital or a medical or an allied institution as may
be declared by the state Government by notification in the official Gazette to be an
approved institution for the purpose of this Act.
(ii)   "Authorized Officer" means an officer authorized toAct under thisAct.
(iii)  "Hospital" means any hospital established or maintained by the State Government
or by any Municipal Council, Municipality, Board or Panchayat and includes any
other hospital (private) which may be declared by the State Government by
notification in the Official Gazette, to be such hospital for the purpose of this Act.
(iv)  "Near Relative" means any of the following relatives of the deceased namely, a
wife, husband, parent, son, daughter, brother and sister and includes any other
person who is related to the deceased (a) by lineal or collateral consanguinity
within three degrees in lineal relationship and six degrees in collateral relationship,
or (b) by marriage either with the deceased or with any relative specifically mentioned
in this clause or with any other relative within the aforesaid degrees.
The  Arunachal  Pradesh  Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 167,   Vol.  XXIV,    Naharlagun, Tuesday,  June 13,  2017 Jyaistha23,  1939  (Saka)
  2                      The Arunachal Pradesh Extraordinary Gazette, June 13, 2017
Explanation :- The expressions "lineal and collateral consanguinity" shall have the
meanings assigned to them in the Indian Succession Act, 1925.
(v) "Prescribed" means prescribed by rules made under thisAct.
(vi)  "Unclaimed Body" means body of the deceased person who has no near relative
or whose body has not been claimed by any of his near relatives within such
period as may be prescribed.
3. Power of State Government to authorize officers to act under section 4 -(1) The
State Government may, by notification in the Official Gazette, authorize, 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 this Act.
(2) Every officer authorized under thisAct shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code 1860.
4. Procedures in case of unclaimed dead bodies in hospitals, or orphanges,
senior  citizens’ homes, ashrams, Jails and public places-
(1) If a person diesin hospitals, or orphanges, senior  citizens, homes, ashrams,
Jails or public places and his body is not claimed by any person interested within the prescribed
time as may be laid down, the authority in-charge of the hospital or prison or police officer shall,
with the least practicable delay report the fact to the authorized officer and the said officer shall
take possession of the unclaimed body and except in the case of referred to in sub-section (3),
hand it over to the authority in-charge of the an approved institution, if it is required by that
authority, for the purpose of conducting anatomical examination and dissection or other similar
purpose.
(2) If a person dies in a 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 person interested within the
prescribed time, the authorized officer shall take possession of such unclaimed body and except
in the case referred to in sub-section (3), hand it over to authority in-charge of an  approved
institution, if it is required by that authority, for the purpose specific in sub-section (1).
(3) When there is any doubt regarding the cause of death or when for any reason the
authorized officer considers it expedient so to do, he shall forward the unclaimed body to police
officer referred to in section 174 of the Code of Criminal Procedure, 1973.
(4) Where any unclaimed body taken possession by authorized officer under this section
is not required by the authority in-charge of an approved institution for the purpose specific in
sub-section-(1) it shall be disposed of in the manner as may be prescribed.
5. Donation of bodies or part thereof of deceased persons for anatomical examination
etc., - (1) If any person at any time before his death had expressed an intention in writing or
orally in 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
such intention.
(2) Without prejudice to the provision of sub-section -(1), such person interested may authorize
the removal of whole body or any part of the body for use for the purposes specified in sub-section
(1) unless he has reason to believe -
(i)  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
(ii) That any near relative of the deceased refused to the explanation of clause (iv) of
section 2 objects to the body being so dealt with.
(3)  Subject to the provisions of sub-section (4) and (5), the removal and use of the
whole body or any part of the 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 of any part of the body of any deceased person shall not be removed for
any of the purposed 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 death; or
(ii) Until after twenty four hours notice (to be reckoned from the time of such death) to
the Executive Magistrate of the intended removal of the body; or
                    The Arunachal  Pradesh Extraordinary Gazette, June 13, 2017                     3
(iii)  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 the registered medical
practitioner who attended such person during the illness, then by a registered
medical practitioner who shall be called in after the death of such 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 purposes aforesaid 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 purpose aforesaid.
(5) If the person interested has reason to believe that an inquest or a postmortem
examination of such body may be required to be held, in accordance with the provisions of any
law for the time being if 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 postmortem under such law.
6. Doubt or dispute as to near relative to be referred to Magistrate of the First Class :-
(1) If any doubt or dispute arises whether a person is or is not a person interested for
the purpose of section 4, the matter shall be referred to a Magistrate of the First Class at the
Head Quarter and the decision of such Magistrate shall be final.
(2) Pending such decision, the body of the deceased person shall be preserved from
decay for a period of two weeks in such manner as may be prescribed.
7. Penalty :- Whoever disposes of or abets the disposal of, an unclaimed body save as
provided by this Act, or obstructs any authority in-charge of an approved institution or an authorized
officer from handing over, taking possession of, removing or using, such dead body for the
purposes specified in section 4, shall be punishable with fine which may extend to five thousand
rupees.
8. Duty of Police and other officers to assist in obtaining possession of unclaimed
bodies :- Every staff of the Police, Medical and Public Health Departments, Local authority,
and all village authorities shall be bound to take all reasonable measures to assist authorized
officers in the discharge of their duties under this Act.
9. Protection of persons acting under this Act -  No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or intended to be
done in pursuance of this Act.
10. Power to make rules - The State Government, may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
Belatee Pertin
Commissioner to the
Government of Arunachal Pradesh,
Itanagar.
Published and printed by Directorate of Printing, Naharlagun.—339/2017-DoP-250+Secy.(LA)-50+Comm.
(H&FW)-100+Secy. (L&J)-100-6-2017.
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