The Nagaland Anatomy Act 2024

The Nagaland Gazette 15 June, 2024
PART-V
NOTIFICATION
Dated Kohima, the 8th March, 208+.
NO.LAW/ACT/23-26/2024 :: The Nagaland Anatomy Act 2024 (Act No. 1 of 2024) duly
assented by the Hon’bk Governor ofNagaland on 14th September 2023 is hereby published
for general information.
Sd/
THEJANGU-U KIRE
Secretary to the Govt. ofNagaland.
NagalandAnatorny Act, 2024
(ACT No. 1 of 2024)
An
Act
to provide for the supply of ur.ctabrled bodies of deceased and for
donation before death by a person of his body or any part thereof aBer his
death tO hospital and medical and teaching Mstitutil n or for the purpose of
medical education or research irlclttdirlg anatomical exawlinaRoyts and
dissection.
WHEREAS it is expedient to provide for the supply of unclaimed bodies
of deceased person and for donation before death by a person of his body or any
part thereOf a&er his death to hospitals and medical and teaching institutions. for
the purpose of medical education or research .including anatomieal examination
and dissection; it is hereby enacted as follows:-
1. Short title extend and commencement.
(1) This Act may be called the Nagaland Anatomy Act. 2024.
(2)it extends to the whole of the State ofNagaland.
(3)it shall come into force at once.
2. DefInitions:
In this Act unless there is anything npuDnant in the subject or context:''
(a) “Act” means the Nagal£nd Anatomy Act, 2024.
(b) “Approved fnsdtudon” means a hospital or a medical or teaching
institution approved by the State Government for an or any of the purposes of
this Act.
(c) “Authorized officer” means an oHcer authorized to act under section 3 ;
{d) “Donor” shall have the same meaning as defiled in the Transplantation of
Human Organ and Tissues Act, 1994
V
I
1
(e) “Persons interested” means a near relative or any other person who is
interested in the dispo§al of the body of the deceased person in accordance with
the religious ugage or social custom of such deceased.

8
$iiI: iF
The Nagaland Gazette, Part-V 15 June, 2024
Explanation:= for purposes of this clause, “near relative” means any of the
following relatives of the deceased, namely, wife, husband, paren\ son,
daughter, brother or sister and indludes+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 “!ineal Consanguinity” and “collateral
consanguinity” shall have the meanings assigned to them in the Indian
Succession Act, 1925, (Central . Act m}{lX of 1925) uld degrees of
relationship shall be computed h the manner laid do\yn in that Act;
(d) “Prescribed” means prescribed by rules made under this Act.
(e) “Teaching medical. institution” means any of the blstitutions specified jn
the schedule to this Act, and includes any other institution which may be
declared by the government, by notification in the official Gazette, to be a
teaching medical institution for the purposes of this Act.
(f) “Unclaimed body” means a 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 person interested within such time as may be
prescdbed.
3. Power of State Government to appoint author{zed officer and deemed as
public servant:
(1)The State Government may, by notifIcation appoint an Executive
Magistrate for such area as may be specifIed in the notifIcation, to
perform the functions of an Authorized oficer WIder this Act and the
rules made there t£nder.
(2) Every oficer authorised under st,lb-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) .
4 Unc}aimed dead bodies in hospitals, prisons and public places how to be
deal with.-
(DIf a pagon dies in a hospital or in prison and his body is hot claimed by
any of his near relatives or pers'onal &lends (definition of personal &lends
for clarity in the definition of persons interested) within such time as may
be prescribed, the authority in charge of such hospital or prison shall,
v/ith the least practicable delay, report the fact to the authorised o86cer,
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 charge of a teaching medical institution, if it is required by
the authority for the purpose of conducting anatomical examination and
dissection.
V

15= June, 2024 The Nagaland Gazette, Part-V 9
(2)if a person dies in any public place in an area in which he had np
permanent place of residence and the body of that person is not claimed
by any of his near relatives or personal friends within such time as maY
be prescribed, the atahofised officer shall take possession of th?
unclaimed body and except iIi the case referred to in sub-section (3) hand
it over to the authority in chargd of a teaching medical institution, if it 15
required by that authority, for the purpose specified in sub-section (1).
(3}When there is any doubt regarding the cause of death or when for anY
reason the authorised officer considers it expedieIit so to do, he shall
f3rwud the unclaimed body to the Police Officer referred to in Section
174 of the Code of Criminal Procedure, 1898.
(4}Where any unclabled body taken possession of by the authorised officer
under this section is npt required by the 4uthority in charge of a teaching
medical institution for the purpose specified h sub-section (1), it shall be
disposed- of in such manner as may be prescribed.
Donation of dead bodies or any part thereof of deceased person to be
used for the purpose of medical education or research including
anatonrical examination and dissection.
(1)if any person at any time before his or her death had expressed an
unequivocal desire aid intention in writing in the presence of two or more
wialesses that his’ body or any part of his -body thereof be given to
authodties in charge of an approved institution for being used aBer his
~, death for the purpose of medical education or research including
anatomical examination and dissection, the person lawmy in possession
of his body after his death may, unless he has reason to believe that the
request was subsequently withdrawn, authorise the removal of the dead
body or such part thereof to any approved institution for use in
accordance with the request.
(2)Without prejudice to the provisions of sub-section (1) the persons
lawhily'in possession of the body of a deceased person may authorise the
removal of the whole body or any part Born the body for use for the
purposes specified in Sub-section (1) unless such person has reason to
believe-
(a) that the deceased had expfessed 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 objects to the bodY being so
dealt with.
(3) Subject tO the prbvisions of sub-sections (+) and (5) of this sections 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 !awEd: and_
shall be sufficient warrant for the removal of the body or any part thereof
and its use for the purposes of this Act.
e
5
&
B

10 The Nagaland Gazette, Part-V 15 June, 2024
(4) TIle 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) Rom anY
place where such person may have died:
ii) within aRe-r &)rty-eight hows frorn the 'the of such person’s
decease, or;
a8er twenty_foUr hours' notice, to be reckoned &om the time of
such dec.ease to the Executive Magistrate, of the &Rended realoval
of the body,
nor unless a certincaje stating in what mama such person caIne
by his. death. shall, previously to the removal of thi body9 has been
sided by a registered Medical practitioner wllb attended such
person during the illness whereof he died or, if no such
practitioner attended such person during such iUress, then by a
registered medical practitioner who shall be called h a&er the
death of such, person to view his body, and who shall state the
manner and cause of death according to the best of his klowledge
and belief, but who shall not be cqncerned in dealing with the body
for any of the purposes aforesaid after 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 +he same for any of the purposes
aforesaid.
(ii)
(111)
a
6. Act not to prohibit post-mortem Examination:
(1)if the person lawfully in possession of the body has reason to believe that
ah inquest or a post--mortem examination of such body may-be required to
be held, in accordance with the provisions of any law for the time being
in 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 onjer a post-.modern under
such law.
(2)Nothing contained in this Act shall be construed to extend to, or- to
prohibit, any post-mortem examination of any human body required or
directed to be made under any law'for the time being in forde in the State.
7. No authority for the removal of the body or any part thereof when body
is entrusted to another only of its interment or cremation:
No authority for the removal of the body or any part thereof for the
purposes of this Act shall be given under section 5 in respect of any bbdy of
a deceased person by a person entrusted with the body for the purpose onIY
of its interment or cremation.

15 June, 2024 The NagaIand Gazette, Part-V 11
8. Authority to remove body etc., when body is lying in approved
institution :
In the case of a body lying in any hospital, nursing home or other
institution, any authority for the removal of the body or any part thereof
under section 5 may be given on behalf of the person having the control or
management thereof by any of6cer or person designated for that purpose by
the first-mentioned person.
a 9. Approve$ institutions to
maintenance of record :
receive body with certificate of death and
Tbe authoritY in charge of an approved institution, on receiving the body
of deceased person for all or ally df the purposes of this Act, shall demand
and receive, together \with the bbdy, a certificate as aforesaid and shall
within twenty-four hours next a&er such removal, transmit to the Executive
Magistrate or such officer as may be appointed in this behalf by the State
Government, a copy of such certificate and also a return stating on what day
and what hour and from whom the body was received, the date and place of
death, the sex and (as far as is known at the time) the name and surname, age
and fast place of abode of such person and shall enter, or cause to be
entered, the aforesaid particular relating thereto, and a copy'of the certi6cate
and the approved authority received therewith, in a register to be kept by
such authority for that purpose ard shall produce such register Whenever
required to do so. by the Executive Magistrate or any officer aforesaid.
10. Notice of place where body will be dealt with for all or any of the
purposes of this Act.
Every dead body removed as aforesaid for any of the purposes of this Act
shall, before such removal, be placed in a decent coffin or shell or any other
thing for holding the dead body, and be removed therein; and that the party
removing the same, or causing the same to be rernoved as aforesaid, shall
make provision that such body, after being dealt with for any of the purposes
of this A';t, be decently uernated or interred in consecrated ground, or in
some public cremation or burial ground in use for persons of that religious
persuasions to which the person whose body was so removed belonged; and
that a certificate of the cremation, interment or burial of such body shall be
transmitted to the Executive Magistrate, or any officer appoint:ea by the State
Government for the purposes, within six weeks after the day on which such
body was received as aforesaid.
I
11. Doubt or dispute as to near relatives or personal friends to be referred
to the District Magjstrate:
(1)if any doubt or dispute arises whether a person is or is not a near relative
or a personal &iend of the deceased for the purpose of section 4, the
matter shall be referred to the District Magistrate, or to any Magistrate of
the 1 st class authorised by him.
(2)Pending sucF1 decision, the body of the deceased person ' shall be
preserved abm decay in such manner as may be prescribed.

12 The Nagaland Gazette, Part-V 15 June, 2024
-rTf-O'i (I(
12.Penalty :
Whoever disposes of, or abet:s the disposal of an unclaimed body save as
provided by this Act, or obstnnts any authority in charge of a teaching
medical institution or an authorised of8cer Born handing over, or tak{ng
possession of? removing or using such dead body for the purpose specified in
this Act shall, on conviction, be punishable with fine which may extend to
Rs. 10, OOO (Rupees Ten Thousand).
a
13. Duty of Police and other officers to assist in obtaining possession ofunclaimed bodies:
All officers and servants of , the Police, Health & Family Welfare
Departments, all officers and servants in the 'service of a local audnrity, and
all village officers and servants shall be bound to take all reasonable
measures to assist authorised officers in the discharge of their duties under
this Act.
14.Protection of action taken in good faith:
No suit, prosecution or other legal proceedings shall lie against any person
for anything which is in good faith done or intended to be done in pursuance
of this Act or of any rules made thereunder.
1 S. Power to make rules:
(1) The State Government may, by notification in the official Gazette, make
rules for carrying out the purposes of this Act.
(2)in particular and without prejudice to the generality of the foregoing
po b'er, such rules may provide for all or any of the following matters,
namely :
(i) the time within which the dead body should be claimed by near
relatives or personal 6Sends under sub-section (1) and (2) of section 4;
(ii) the ruarrner in which a dead body not required by a t9aching medical
institution shall be disposed of under sub-section (4) of section 4;
(iii) the manner in which the dead body shall be preserved pending decision
of the Magistrat9 Under sub-section (1) of section 5.
16.Power to remove difficulties:
(1)if any difficulties arisqs in giving effect to the provisions of this Act, the
State Government may, by such notification or order , make such provisions
not inconsistent with the provisions of this Act as appear to it to be necessarY
or expedient, for removing the difficulties;
Provided that such notification shall not be made after the expiration of
a period of three years from the date of commencement of this Act.
(2)Every order made under sub section (1) shall as soon as maY be aBer it is
made be laid before the State Legislature.

15 June, 2024 The Nagaland Gazette, Part-V
NAGALAND ANATOMY BILL, 2023
13
(As passed by the Nagaland Legislative Assembly on the 1411: September, 2023)
This Bill was passed by the Nagaland Legislative Assembly on 14.09.2023 .
Sd/-
SIIARINGAIN LONGKUMER
SPEAKER
Nagaland Legislative Assembly
KoIlima.
The 1481 September, 2023
I assent to this Bill
Sd/-
LA GANESAN
GOVERNOR
Kohima.
The 10th February, 2024
b

B
)). ; } F:".
a
4

‹ Prev All Nagaland acts Next ›