Executive Summary:
The Andaman and Nicobar Islands Anatomy Regulation, 2016 (No. 1 of 2016), promulgated by the President of India, aims to facilitate the availability of unclaimed dead bodies to medical colleges within the Union territory for anatomical examination or dissection. The regulation defines relevant terms, establishes procedures for reporting and handling unclaimed bodies, and addresses the donation of bodies for medical purposes. It came into force on a date to be appointed by the Lieutenant Governor via official notification.
Key Points / Main Content:
Definitions:
* "Authorised officer" means an officer authorised to exercise powers under this regulation.
* "Hospital" includes hospitals established by the Andaman and Nicobar Administration or declared by the Lieutenant Governor.
* "Lieutenant Governor" means the Lieutenant Governor of the Union territory of Andaman and Nicobar Islands appointed by the President.
* "Medical college" includes the Andaman and Nicobar Islands Institute of Medical Sciences or other institutions declared by the Lieutenant Governor.
* "Near relative" is defined as wife, husband, parent, son, daughter, brother, or sister, and in their absence, relatives within specified degrees of consanguinity or marriage.
* "Unclaimed dead body" means a body of a deceased who dies in a hospital, prison, or public place, which has not been claimed by any of his near relatives or friends, within such time as may be specified by the Lieutenant Governor.
Unclaimed Dead Bodies:
* The Lieutenant Governor can authorize officers to obtain reports of unclaimed dead bodies.
* Hospital or prison in-charge must report unclaimed dead bodies to the authorized officer within a prescribed time.
* The authorized officer takes possession of the body and hands it over to a medical college unless there is doubt regarding the cause of death.
* If the cause of death is uncertain, the authorized officer reports to the police.
* Unclaimed bodies not required by medical colleges are to be disposed of as prescribed.
Disputes and Donations:
* Disputes regarding whether a person is a near relative or friend will be referred to the District Magistrate or Judicial Magistrate of the First Class.
* Pending resolution of disputes, the unclaimed body must be preserved from decay as prescribed.
* Individuals can donate their bodies for anatomical examination or dissection with written consent and two witnesses.
* Near relatives or friends may permit the donation unless there's reason to believe the deceased revoked their intention or other relatives object.
Restrictions on Dissection:
* Anatomical examination or dissection is restricted without a 48-hour waiting period after death, a 24-hour notice to the Executive Magistrate, and a certificate stating the cause of death from a registered medical practitioner.
* If an inquest or postmortem is required by law, anatomical examination or dissection requires consent from the relevant authority.
Penalties and Protections:
* Improper disposal of unclaimed bodies or obstruction of officers is punishable with a fine up to five hundred rupees.
* Police and other public servants are required to assist authorized officers.
* Legal protection is provided for actions taken in good faith under the Regulation.
Rule-Making:
* The Lieutenant Governor may make rules to carry out the purposes of the Regulation, including specifying the time for reporting unclaimed bodies, the manner of disposal, and preservation methods.
Impact Analysis:
Hospitals and Prisons:
* Impact: Required to report unclaimed dead bodies within a specified timeframe.
* Action Required: Establish procedures for identifying and reporting unclaimed bodies to authorized officers.
Authorised Officers:
* Impact: Responsible for taking possession of unclaimed bodies and handing them over to medical colleges.
* Action Required: Exercise powers and discharge functions as specified in the notification by the Lieutenant Governor.
Medical Colleges:
* Impact: May receive unclaimed dead bodies for anatomical examination and dissection.
* Action Required: Ensure compliance with regulations regarding timeframes, notices, and certifications before conducting anatomical examinations or dissections.
Police and Public Servants:
* Impact: Required to assist authorized officers in their duties.
* Action Required: Provide reasonable assistance to authorized officers as needed.
Near Relatives and Friends:
* Impact: Have the right to claim a deceased person's body and can permit or object to body donation.
* Action Required: Resolve any disputes regarding relationships through the District Magistrate or Judicial Magistrate of the First Class.
Lieutenant Governor:
* Impact: Has the authority to appoint authorized officers, declare hospitals and medical colleges, and make rules to carry out the Regulation's purposes.
* Action Required: Issue notifications as required by the Regulation.
Key Entities Referenced
Andaman and Nicobar Islands: A union territory of India, and the geographical area to which the Anatomy Regulation applies.
The Andaman and Nicobar Islands Anatomy Regulation, 2016: The title of the policy document being analyzed. It concerns the use of unclaimed dead bodies for anatomical examination in medical colleges in the Andaman and Nicobar Islands.
President of India: The promulgator of the regulation, acting under the powers conferred by the Constitution of India.
Lieutenant Governor of Andaman and Nicobar Islands: The administrator of the Union territory, who has the power to appoint the date of commencement of the Regulation, declare hospitals and medical colleges for the purpose of the Regulation, and make rules to carry out the purposes of the Regulation.
Andaman and Nicobar Islands Institute of Medical Sciences: A medical college in the Andaman and Nicobar Islands, which may receive unclaimed dead bodies for anatomical examination or dissection.
Indian Succession Act, 1925: An Indian law referenced in the definition of 'near relative' within the Anatomy Regulation. Sections 25 and 26 define lineal and collateral consanguinity.
Indian Penal Code: Indian Penal Code is referenced for the definition of Public Servant
Code of Criminal Procedure, 1973: An Indian law referenced to define the incharge of a police station
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 12th May, 2016/Vaisakha 22, 1938 (Saka)
THE ANDAMAN AND NICOBAR ISLANDS ANATOMY
REGULATION, 2016
NO. 1 OF 2016
Promulgated by the President in the Sixty-seventh Year of the Republic of India.
A Regulation to facilitate availability of unclaimed dead bodies of persons to medical
colleges for the purpose of anatomical examination or dissection in the Union territory of
Andaman and Nicobar Islands.
In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by him:—
1. (1) This Regulation may be called the Andaman and Nicobar Islands Anatomy Short title,
Regulation, 2016. extent and
commencement.
(2) It shall extend to the whole of the Union territory of Andaman and Nicobar Islands.
(3) It shall come into force on such date as the Lieutenant Governor may, by notification
in the Official Gazette, appoint.
2. In this Regulation, unless the context otherwise requires,— Definitions.
(a) “authorised officer” means an officer authorised to exercise powers and
discharge functions under this Regulation;
(b) “hospital” means any hospital established or maintained by the Andaman
and Nicobar Administration and includes any other hospital, which may be declared
by the Lieutenant Governor, by notification, to be a hospital for the purpose of this
Regulation;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) “Lieutenant Governor” means the Lieutenant Governor of the Union territory
of Andaman and Nicobar Islands appointed by the President under article 239 of the
Constitution;
(d) “medical college” means the Andaman and Nicobar Islands Institute of Medical
Sciences or any other institution as may be declared by the Lieutenant Governor, by
notification, to be a medical college for the purposes of this Regulation;
(e) “near relative” in relation to a deceased means wife, husband, parent, son,
daughter, brother or sister and in the absence of the said persons, includes any other
person who is related to the deceased by—
(i) lineal consanguinity within three degrees; or
(ii) collateral consanguinity within six degrees; or
(iii) marriage with any of the relatives referred to in sub-clauses (i)
and (ii).
Explanation.—For the purposes of this Regulation, the expressions “lineal
consanguinity” and “collateral consanguinity” shall have the meanings respectively assigned
to them in sections 25 and 26 of the Indian Succession Act, 1925 and the degrees of relationship 39 of 1925.
shall be computed in the manner as laid down in that Act;
(f) “notification” means a notification published in the Official Gazette;
(g) “Official Gazette” means the Andaman and Nicobar Gazette;
(h) “prescribed” means prescribed by rules made by the Lieutenant Governor
under this Regulation;
(i) “unclaimed dead body” means the body of the deceased who dies in a hospital,
prison or public place, which has not been claimed by any of his near relatives or
friends, within such time as may be specified by the Lieutenant Governor, by notification.
Authorised 3. (1) The Lieutenant Governor may, by notification, authorise one or more officers to
officers to obtain report of any unclaimed dead body from such area and to exercise such powers and
obtain report
discharge such functions as may be specified in the notification.
of unclaimed
dead bodies. (2) Every authorised officer shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code. 45 of 1860.
Report of 4. (1) The person incharge of a hospital or prison shall make a report regarding any
unclaimed unclaimed dead body to the authorised officer, within such time as may be prescribed, and
dead body. the authorised officer shall take possession of the unclaimed dead body forthwith, and,
except in the case referred to in sub-section (3), hand it over to the authority in charge of a
medical college which requires it for the purpose of conducting anatomical examination or
dissection.
(2) The authorised officer shall take possession of any unclaimed dead body of a
person who dies in a public place forthwith, and, except in the case referred to in sub-section (3),
hand it over to the authority in charge of a medical college which requires it for the purpose
of conducting anatomical examination or dissection.
(3) Where there is any doubt regarding the cause of death of the person or where for
any reason the authorised officer considers it expedient so to do, he shall report the matter to
the officer in-charge of a police station referred to in clause (o) of section 2 of the Code of
Criminal Procedure, 1973. 2 of 1974.
(4) Where any unclaimed dead body taken possession of by the authorised officer
under this section is not required by the authority in charge of a medical college for the
purpose specified in sub-section (1), it shall be disposed of in such manner as may be
prescribed.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
5. (1) If any dispute arises as to whether a person is or is not a near relative or a friend Dispute to be
of the deceased for the purpose of section 4, the matter shall be referred to the District referred to
Magistrate or to the Judicial Magistrate of the First Class having jurisdiction. District
Magistrate.
(2) Pending decision under sub-section (1), the unclaimed dead body shall be preserved
from decay in such manner as may be prescribed.
6. (1) If any person, at any time before his death, had expressed his intention in Donation of
writing in the presence of two or more witnesses that his body or any part of his body be dead body for
donated to any institution for being used after his death for the purpose of conducting anatomical
examination
anatomical examination or dissection or any research or other purpose, the near relative,
or dissection.
or in the absence of any near relative, any other person or friend of the deceased who is
lawfully in possession of the dead body of the donor, may, unless he has reason to believe
that the said intention of the deceased was subsequently revoked or that any other near
relative or friend of the deceased objects to the dead body being so dealt with, permit the
donation of the dead body or any part thereof to the authority in charge of a medical college.
(2) The removal of the dead body in accordance with the permission given in pursuance
of sub-section (1) shall be sufficient authority for the purpose of conducting anatomical
examination or dissection under this Regulation.
(3) Anatomical examination or dissection of the dead body or any part of the dead
body shall not be conducted under this section—
(a) within forty-eight hours of the ascertainable time of death of the person; or
(b) except twenty-four hours' notice, reckoned from the ascertainable time of
death, given to the Executive Magistrate of the intended anatomical examination or
dissection; or
(c) except a certificate obtained by the authority in charge of the medical college
stating the reasons of death given by a registered medical practitioner who attended
the dead person for any illness that led to his death or, if no registered medical
practitioner attended the person during his illness, by a registered medical practitioner
who certifies the probable cause of death.
(4) If the person lawfully in possession of the dead body has reason to believe that an
inquest or a post-mortem examination of the body may be required to be conducted, in
accordance with the provisions of any law for the time being in force, the anatomical
examination or dissection of the dead body or any part thereof shall not be conducted under
this Regulation, except with consent of the authority empowered to conduct an inquest or
order post-mortem examination.
7. Whoever disposes of, or abets the disposal of an unclaimed dead body save as Penalty.
provided by this Regulation, or obstructs any officer or authority in charge of a medical
college or an authorised officer from handing over, or taking possession of, or removing or
exercising any power or discharging any duty under this Regulation, shall be punishable
with fine which may extend to five hundred rupees.
8. Every officer in-charge of a police station and every other public servant shall be Duty of Police
bound to take all reasonable measures to assist the authorised officer in the exercise of any and other
power or discharge of any duty under this Regulation. officers.
9. No suit, prosecution or other legal proceedings shall lie against any person for Protection of
anything, which is in good faith done or intended to be done in pursuance of this Regulation action taken
in good faith.
or any rules or order made thereunder.
10. (1) The Lieutenant Governor may, by notification, make rules for carrying out the Power to
purposes of this Regulation. make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
(a) the time within which the person in-charge of a hospital or prison shall make
a report regarding any unclaimed dead body under sub-section (1) of section 4;
(b) the manner in which an unclaimed dead body shall be disposed of under
sub-section (4) of section 4;
(c) the manner in which an unclaimed dead body shall be preserved pending
decision of the Magistrate under sub-section (2) of section 5;
(d) any other matter for which rules have to be or may be made under this
Regulation.
PRANAB MUKHERJEE,
President.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016.
GMGIPMRND—944GI(S3)—12-05-2016.