5. Donation of bodies or part thereof of deceased persons for anatomical examination etc.
(1)If any person at any time before his death had expressed an intention in writing or orally in 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 examination and dissection or other similar purpose, any person interested may, unless he has reason to believe that the said intention was subsequently revoked, authorize the removal of the dead body or such part thereof to any approved institution for use in accordance with such intention.(2)Without prejudice to the provision of sub-section -(1), such person interested may authorize the removal of whole body or any part of the body for use for the purposes specified in sub-section (1) unless he has reason to believe -(i)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deceased had expressed an objection to his body or any part thereof being so dealt with after his death, and had not withdrawn such objection; or(ii)That any near relative of the deceased refused to the explanation of clause (iv) of section 2 objects to the body being so dealt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 the 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 its use for the purposes of this Act.(4)The body of any part of the body of any deceased person shall not be removed for any of the purposed specified in sub-section (1) from any place where such person may have died,-(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 The Arunachal Pradesh Extraordinary Gazette, June 13, 2017 3(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, then by a registered medical practitioner who shall be called in after the death of such state the manner and cause of death according to the best of his knowledge and belief but who shall not be concerned in dealing with the body for any 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 purpose aforesaid.(5)If the person interested has reason to believe that 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 if 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.
