(xxxv)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 68-2025/Ext.]

CHANDIGARH, WEDNESDAY, APRIL 9, 2025

(CHAITRA 19, 1947 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PART-I

ACTS

PAGES

1. THE HARYANA HONOURABLE DISPOSAL OF DEAD BODY ACT, 2025

67—69

(HARYANA ACT NO. 9 OF 2025).

2. THE HARYANA REGISTRATION AND REGULATION OF TRAVEL

71—76

AGENTS ACT, 2025

(HARYANA ACT NO. 10 OF 2025).

3. THE HARYANA PREVENTION OF PUBLIC GAMBLING ACT, 2025

77—80

(HARYANA ACT NO. 11 OF 2025).

4. THE HARYANA CONTRACTUAL EMPLOYEES (SECURITY OF SERVICE)

AMENDMENT ACT, 2025

(HARYANA ACT NO. 12 OF 2025).

PART-II

ORDINANCES

NIL

PART-III

DELEGATED LEGISLATION

NIL

PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

PART-I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 9th April, 2025

No. Leg. 10/2025.— The following Act of the Legislature of the State of Haryana

received the assent of the Governor of Haryana on the 5^th April, 2025 and is hereby published for

general information:-

HARYANA ACT NO. 9 OF 2025

THE HARYANA HONOURABLE DISPOSAL OF DEAD BODY

ACT, 2025

ACT

to uphold the basic human rights of dead body and for the decent final disposal of dead

body in the State of Haryana and for matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-sixth Year of the

Republic of India as follows:-

(1)

This Act may be called the Haryana Honourable Disposal of Dead Body Act, 2025.

(2)

It shall come into force on the date of its publication in the Official Gazette.

Short title and

commencement.

(1)

In this Act, unless the context otherwise requires,-

(a)

“dead body” means the body of a dead human being refused to be taken by

any family member for last rites or after taking is used for the purpose of

remonstration;

(b)

“family member” includes father, mother, wife, brother, son, daughter or

any person who is related to the deceased by marriage or adoption or any

family member living together in a joint family;

(c)

“genetic data” means personal data related to inherited or acquired genetic

characteristics of a dead body acquired through analysis of DNA or RNA;

(d)

“Government” means the Government of the State of Haryana in the

administrative department;

(e)

“last rites” means the disposal of dead body as per the tradition or custom of

the community or religion to which the deceased belonged;

(f)

“prescribed” means prescribed by the rules made under this Act;

(g)

“remonstration” means raising demands or baiting for pursuing any demands

by way of any protest, disobedience or agitation to prevent the last rites of a

dead body;

(h)

“State” means the State of Haryana.

(2)

Words and expressions used herein and not defined but defined in the Bharatiya

Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023), the Bharatiya Nyaya Sanhita, 2023

(Central Act 45 of 2023), the Haryana Police Act, 2007 (25 of 2008) and the Haryana Anatomy

Act, 1974 (24 of 1974) shall have the same meaning respectively assigned to them in the Sanhita

or Act.

Definitions.

Without prejudice to any other law for the time being in force, every dead body shall have

the right of an honourable and timely last rites.

Right to last rites.

It shall be the duty of the family member to take possession of the dead body and to ensure

that the last rites are performed when handed over by the police or the Executive Magistrate or

hospital administration, after due compliance of legal procedure provided under this Act or any

other law for the time being in force:

Family member

to take possession

of dead body.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

Provided that in the event of refusal by family member to take the dead body thereby

depriving it of last rites, the Executive Magistrate shall ensure that the last rites are performed

immediately:

Provided further that in the event of breaking out of an epidemic or occurrence of any

calamity, where the dead body of the person cannot be handed over to the family member, the

Government shall issue guidelines for disposal of such dead body.

Dead body not

to be used for

remonstration.

No family member shall himself use or allow the dead body to be used or instigate or give

consent to any other person or group of persons to use the dead body for remonstration of any kind.

Power of police

officer to take

possession of

dead body.

(1)

Whenever, an officer-in-charge of the police station, has reason to believe from

personal knowledge or otherwise, to be recorded in writing, that any dead body is likely to be used

by any family member or a group of persons or is being so used, for remonstration, he shall take

possession of the dead body immediately and send an information to this effect to the District

Superintendent of Police and the Executive Magistrate concerned.

(2)

After taking possession of the dead body, the officer-in-charge of the police station

shall send the dead body immediately for post-mortem if not done. The officer-in-charge, if deem

necessary that re-postmortem of the dead body is required then after recording the reasons in

writing, may send the dead body for re-post-mortem.

Obligation of

hospital

administration

for storage of

dead body.

The hospital administration shall-

(a)

ensure that the dead body is stored under safe conditions in the deep freezer to

prevent any decay or damage; and

(b)

ensure that the dead body is kept in a dignified manner.

Power of

Executive

Magistrate.

(1)

The Executive Magistrate concerned, after receiving the information under section 6,

shall give a notice to a family member of the deceased for taking custody of the dead body and to

perform the last rites of the dead body.

(2)

Whenever, an Executive Magistrate is satisfied on a report of a police officer or the

response received to the notice issued under sub-section (1) that the family member is not willing

to perform the last rites of the dead body, he shall issue an order to the family member to perform

the last rites of the dead body within such time, as mentioned in the order, which shall not be later

than twelve hours, and also to remove the unlawful obstruction, if any, from public place with

immediate effect:

Provided that the Executive Magistrate may, if unlawful obstruction is removed,

extend the time to perform the last rites of the dead body, if he is satisfied that the family member

has sufficient reasons for the same:

Provided further that if the family member does not perform the last rites of the dead

body within the specified period or the extended period, the Executive Magistrate shall direct any

officer of the Urban Local Body or Gram Panchayat concerned or any other officer, as he deems

fit, to perform the last rites within the next twelve hours.

(3)

The order made by the Executive Magistrate under sub-section (2) shall not be called

in question in any Court of law.

Videography

and

photography of

post-mortem.

In every case of dead body, photographs of the deceased shall be taken and post-mortem of

the deceased shall be videographed by the hospital administration and the arrangement for the same

shall be ensured by the concerned police officer.

Protection of

genetic data

information.

10.

The genetic data information of dead body shall be obtained through DNA or RNA

profiling and shall be handled carefully and confidentially. The information shall be maintained in

such manner and for such period, as may be prescribed.

Confidentiality

of information.

11.

No person shall disclose any information of clinical records related to the deceased to

prevent stigmatization and social criticism unless required by law or is in public interest and in the

interest of the deceased.

Disposal of

unclaimed dead

body.

12.

If a dead body remains unclaimed, the disposal of the same shall be made in accordance

with the provisions of the Haryana Anatomy Act, 1974 (24 of 1974).

Punishment for

remonstration.

13.

Any person who uses a dead body for remonstration shall be punishable with imprisonment

for a term which shall not be less than six months but which may extend to three years and shall

also be liable to fine upto one lakh rupees.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

14.

Any person, who is not authorized by law or who is so authorized but who without

following due procedure or authorized by law, discloses any kind of genetic data information and

confidentiality of information, shall be punishable with imprisonment for a term which shall not

be less than three years but which may extend to ten years and shall also be liable to fine upto one

lakh rupees.

Punishment for

disclosure of

genetic data

information and

confidentiality of

information.

15.

Whoever abets, attempts or conspires to commit an offence under this Act, shall be

punished in the same manner as if he himself had committed that offence under this Act.

Punishment for

abetment, attempt

or conspiracy.

16.

No suit, prosecution or legal proceedings shall lie before any Court or Authority against

any public servant for anything which is done or intended to be done in good faith in performance

of duty in pursuance of the provisions of this Act.

Protection of

action taken in

good faith.

17.

(1)

The Government may, by notification in the Official Gazette, make rules for

carrying out the purposes of this Act.

(2)

Every rule made under this Act shall, as soon as possible, after it is made, be laid

before the State Legislature.

Power to make

rules.

18.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the Government

may, by order published in the Official Gazette, make such provisions, not inconsistent with the

provisions of this Act, as appear to it to be necessary or expedient for the purpose of removing the

difficulty:

Provided that no order under this section shall be made after expiry of a period of

three years from the date of the commencement of this Act.

(2)

Every order made under sub-section (1) shall, as soon as may be after it is made, be

laid before the State Legislature.

Power to remove

difficulties.

RITU GARG,

ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,

LAW AND LEGISLATIVE DEPARTMENT.

11798—L.R.—H.G.P., Pkl.