The Meghalaya Anatomy Act, 2017 (Act No. 13 of 2017)

Postal Registration No. N. E.—771/2006‐ 2008 
 
The Gazette of Meghalaya 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
  No. 310                              Shillong,   Thursday,   December   28,   2017                               7th  Pausa,  1939  (S. E.) 
PART-IV 
GOVERNMENT OF MEGHALAYA 
LAW (B) DEPARTMENT 
------- 
NOTIFICATION 
The 28th December, 2017. 
No.LL(B)64/2016/10. -  The Meghalaya Anatomy Act, 2017 (Act No. 13 of 2017) is hereby 
published for general information. 
 
MEGHALAYA ACT NO. 13 OF  2017 
(As passed by the Meghalaya Legislative Assembly) 
Received the assent of the Governor on the 21st December, 2017  
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 28th December, 2017. 
 
 
 
 
 
 
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PART-IV]       THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY)  DECEMBER  28,  2017      2288 
 
THE MEGHALAYA ANATOMY ACT, 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 [Meghalaya State] Legislature in tne year of the Republic of India as follows:- 
Short title, Extent and 
commencement. 
 
1.  (1)   This Act may be called the [Meghalaya] Anatomy Act,2017. 
(2)   It extends to the whole of the [State of Meghalaya]. 
(3)  It shall come into force at once in the state of Meghalaya and on such [date 
or dates] as the State Government may by notification in the Official 
Gazette, specify from time to time. 
Definitions 2.  (1)  In this Act, unless there is anything repugnant in the subject or context,- 
(a)  "Act" means the Meghalaya Anatomy Act, 2017; 
(b) "approved institution" means a hospital or a medical college 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; 
(c)   "authorized officer” means an officer authorized under section 3; 
(d)  "hospital" means any hospital established or maintained by the State/Central 
Government or by any municipal corporation, municipal council,  municipal  
borough,  district  municipality,  district  board  or panchayat, and include 
any other hospital which may be declared by the '' State Government by 
notification in the Official Gazette, to be a hospital for the purposes of this 
Act; 
(e) "persons interested" means a near relative or any other person who is 
interested in the disposal of the body of the deceased person in accordance 
with the religious usage or social custom of such deceased. 
      "Explanation.- for purposes of this clause, "n ear relative" means any of the 
following relatives of the deceased, namely, wife, husband, parent, son, 
daughter, brother or sister and includes any other person who is related to 
the deceased (i) by lineal consanguinity within three degrees or by collateral 
consanguinity within six degrees, or (ii) by marriage with any of the 
relatives aforesaid. The expressions" lineal consanguinity" and "collateral 
consanguinity" shall have the meaning assigned to them in the Indian 
Succession Act, 1925, ( Central Act XXXIX of 1925) and degrees of 
relationship shall be computed in the manner laid down in that Act; 
(f)   "prescribed" means prescribed by rules made under this Act; 
(g)  "unclaimed body" means the body of a person who dies in a hospital, prison 
or public place or a place to which members of the public have got access 
and which has not been claimed by any person interested within such time 
as may be prescribed. 
(2) The (Indian) General Clauses Act, 1897, shall apply for the interpretation of 
this Act, as it applies for the interpretation of a Meghalaya Act. 
 
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PART-IV]       THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY)  DECEMBER  28,  2017      2289 
 
Power of the State Government 
to authorize officers to act 
under section 4.- 
3.  (1) The State Government may, by  notification  in the official Gazette, authorize 
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. 
(2) Every officer authorized under sub-section (1) shall be deemed to be a public 
servant within the meaning of section 21 of the Indian Penal Code (Central Act 
XLV of 1860.) 
Unclaimed dead bodies in 
hospitals prisons and public 
places how to be dealt with 
4. (l)  lf a person dies in a hospital or in a prison and his body is not claimed by any 
person or any 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 referred to in sub-section (3), hand it over 
to the authority in change of an approved institution, if it is required by that 
authority, for the purpose of conduction anatomical examination and dissection 
or other similar purpose. 
(2) If a person dies in any 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 93d), 
hand it over to the authority in charge of an approved institution, if it is required 
by that authority, for the purposes specified in sub section (1). 
(3)  Where 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 the police officer referred to in section 174 of the Code of 
Criminal Procedure, 1898 (Central Act V of 1898). 
(4)  Where any unclaimed body taken possession of by the authorised officer 
under this section is not required by the authority in charge of an approved 
institution for the purpose specified in sub-section (1) it shall be disposed of in 
such manner as may be prescribed. 
Donation of bodies or any part 
thereof of deceased persons 
anatomical examination etc 
4. A.(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 for  examination and dissection or other 
similar purpose, any person interested may, unless he has reason to believe that 
the said intention was subsequently revoked institution for use in accordance 
with the intention. 
(2) Without prejudice to the provisions of sub-section (1) such person interested 
may authorise the removal of the whole bo dy 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) That any near relative of the deceased referred to the explanation to clause (d) 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 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 it's 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.- 
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PART-IV]       THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY)  DECEMBER  28,  2017      2290 
 
(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 
(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 
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 bet of his knowledge and 
belief, but who shall not be concerned in dealing with the body for any of 
the 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 
purposes aforesaid. 
(iv) If the person interested has reason to believe the 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 of 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. 
Doubt or dispute as to near 
relative to be referred to 
Magistrate of the First Class.- 
5  (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 and the decision of such Magistrate shall be final. 
(2) Pending such  decision,  the  body of the  deceased  person shall  be 
preserved from decay in such manner as may be prescribed. 
Penalty.- 6.  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 hundred rupees. 
Duty of Police and officers to 
assist in obtaining possession of 
unclaimed bodies 
7.  All officers and servants of the Police, Medical and Public Health other  
Departments, all officers and servants in the service of a local authority, and all 
village officers and servants shall be bound to take all reasonable measures to 
assist authorized officers in the discharge of their duties under this Act. 
Protection of persons acting 
under this Act 8.   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. 
Power to make rules 9.   The State Government, may, by notification in the Official Gazette, make rules 
for carrying out the purposes of this Act. 
Power to remove difficulties 10. (1) If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may, by order published in the Official Gazette, make such 
provision not inconsistent with the provisions of this Act as appear to it to be 
necessary or expedient for removal of the difficulty: 
       Provided no such order shall be made after the expiry of a period of two years 
from the date of the commencement of this Act. 
 
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PART-IV]       THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY)  DECEMBER  28,  2017      2291 
 
       (2)  Every order made under this Section shall, as soon as may be after is made, 
be laid down before the State Legislature. 
Savings Clause 11.  Notwithstanding anything contained in this Act, any action taken or purported 
to have been done under any order or notifications issued under any other law 
before the commencement of the Act shall be deemed to have been taken or 
done under the corresponding provisions of this Act. 
 
 
 
W. KHYLLEP, 
Secretary to the Government of Meghalaya, 
Law  Department.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong. 
(Extraordinary Gazette of Meghalaya) No. 619 - 730 + 300 — 28 – 12 – 2017 
website:- http://megpns.gov.in/gazette/gazette.asp 
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