Amendment status not verified — confirm the current text below against the official source.
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