The SIKKIM ANTOMY ACT, 2014

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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;-

o
(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.<emmentor any other hospital \-"hich may be
declared tl'l the State Government by notification in the
Official G2Z'iiUeic be a hospital for the purpose of this
Act;
(e) "near r€~·2:>ia· 7-7::~;:S =~:-::;""':3 foliowing relatives of the
deceased. :-:;:=';""',,;:,,_.a 'I";~S - .;S::?:-::.2arent.· son, daughter,
brother a:rJDs.~;;er ;:-.:J .r; _:'2S, ::;;ry cthe: persons who is
related L ::'":,sS: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.
2

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.
4
(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
3

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:yhis death shall, previousty to the
remc 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 cnctaimedbody 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

Doubt of dispute
whether person
claiming body is near
relative to referred to
Executive Magistrate
and body to be
preserved pending
decision.
6.
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.
5

(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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