| RAJASTHAN GAZETTE Extraordinary | ||
| Published by Authority | ||
| 1947, 2025 Agrahayana 13, Thursday, Saka 1947- December 04, 2025 |
I
HOME DEPARTMENT
(GROUP V)
NOTIFICATION
Jaipur, December 03, 2025
G.S.R.108 .-In exercise of the powers conferred by section 24 of the Rajasthan Honour of Dead Body Act, 2023 (Act No. 21 of 2023), the State Government hereby makes the following rules, namely:-
1. Short title and commencement.-(1)These rules may be called the Rajasthan Honour of Dead Body Rules, 2025. (2) They shall come into force on and from the date of their publication in the Official Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Rajasthan Honour of Dead Body Act, 2023 (Act No. 21 of 2023); (b) "Executive Magistrate" means the Executive Magistrate appointed by the State Government under section 14 or section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023; and
(c) "Form" means form appended to these rules.
(2)Words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.
3. Public Authority.-For the purpose of the Act, following shall be the public authorities, namely:-
(i) all Municipalities of the State; (ii) all panchayats of the State; and (iii) any other body specially authorized by the State Government, from time to time, to perform last rites of a dead body.
4. Notice to perform last rites.-The executive magistrate, on receipt of information under section 7 of the Act, shall serve notice to the family members of the deceased to perform the last rites. The notice shall be sent in the form appended to these rules, through special messenger, e-mail or any other electronic mode.
5255. Storage of dead bodies in hospital.- (1) At the time of storage of dead bodies it shall be ensured that the dead bodies are segregated based on gender and are kept in dignified manner. (2) Clothing of the deceased should be collected, examined as well as preserved and sealed by the doctor conducting the autopsy and should be sent for further examination at the concerned forensic science laboratory. Further, it should be covered in special Body Bags for proper transportation. (3) The Hospital administration shall not retain any dead body on the ground of nonpayment of bills. The hospitals must hand over the body to the family of the deceased or to the public authority in a dignified manner. (4) Regular mopping and cleaning of mortuary should be undertaken so that the dead bodies remains preserved in a proper and clean environment and dignity of dead bodies should be maintained. (5) The Hospital administration should maintain confidentiality of clinical records and must have a mechanism for guarding information related to the deceased, especially for cases that are stigmatized or socially criticised. (6) Post mortem room should not come under the direct line of sight of the general public/visitors. To ensure the same, provision of curtain, screen or buffer area may be made in a post mortem room. (7) The mortuary administration may sensitize the staff, from time to time, to train them in handling of the dead body and deal with the attendants of the deceased with sensitivity.
6. Photography and Videography of the Post-mortem.- (1) Photography and videography shall be done so as to maintain a proper record of the unclaimed dead body, which may be used for identification of dead body:
Provided that photographs of the unclaimed dead body shall be used by the Data Bank as primary identification information while videos may be used for confirmatory purposes.
Provided further that for the use of finding missing persons,the Data Bank shall upload only photographs on web portal and videography may be shown only when a person claims and proves to be the family member of the unclaimed dead body. (2) Videography and photography of the dead body shall be done by a professional photographer, who shall ensure that such videos shall not be used by him for any purpose other than the purpose specified in these rules and the Act.
7. Data Bank, Web portal and Digitalization.- (1) If dead body of a person remains unclaimed, such dead body shall be stored in the hospital as mentioned in section 9 of the Act and the experts from the post-mortem team shall collect DNA sample from the dead body and send for DNA analysis. On receipt of the DNA analysis report same shall be forwarded to the Data Bank along with the general identification information such as photograph, name etc and other biological samples, if any:
Provided that, the dead bodies stored in hospital may be disposed as per the provisions of section 15 of the Act: (2) The Data Bank shall, after receipt of DNA analysis report, upload the general identification information on the web portal created under section 13 of the Act, so as to tally the above data with that of missing persons. (3) Data Bank shall maintain a dataset of death cases for unidentified dead bodies on the web portal. (4) Data Bank and Web portal shall be monitored and maintained by the State Forensic Science Laboratory, Jaipur.
215 (5) Whenever there is any calamity or disaster or major accident, etc., leading to deaths of persons being away from family, the Government should create a 24x7 Helpline facility on the web portal to help the families of deceased persons for collection of body or to report any grievance regarding any unethical behavior such as assault or any inhuman conduct with the body of the deceased.
FORM
Notice to Family Members for performing last rites
( see rule 4)
To
Mr./Mrs./Miss __________________, _______________________________ _______________________________ _______________________________
Subject :For performing last rites of the dead body.
WHEREAS the Officer-in-charge of Police Station ...................., District................., Rajasthan has informed me that the dead body of _______________________(Name of the deceased) is being used or likely to be used for remonstration purpose by you or your family or someone else and you are not willing to perform the last rites of the deceased, which is against the provisions of the Rajasthan Honour of Dead Body Act, 2023 (Act No. 21 of 2023).
On being satisfied by the report of the Officer-in-charge of Police Station, you are requested to perform the last rites of the deceased person within twenty four hours, failing to do so within twenty four hours, the last rites will be performed by the Public Authority. If you have sufficient reason for not performing last rites of the deceased within twenty four hours, you shall convey the same to the undersigned before the aforesaid twenty four hours.
Dated
Signature and seal of the Executive Magistrate
[No. F.11(1)Home-5/2022]
By order of the Governor,
L.R.Meena Deputy Secretary to the Government.
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