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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 3

Title: Authority for Removal of Eyes of Deceased Persons

State: Central

Year: 1982

.....by such person to his eyes being used after his death for therapeutic purposes the person lawfully in possession of the body of the deceased person may, unless he has reason to believe that any near relative of the deceased person has objection to the deceased person's eyes being used for therapeutic purposes authorise the removal of the eyes of the deceased person for their use for therapeutic purposes. (3) The authority given under sub-section (1) or, as the case may be, under sub-section (2), shall be sufficient warrant for the removal, for therapeutic purposes, of the eyes from the body of the deceased person but no such removal shall be made by any person other than a registered medical practitioner (ophthalmic) who had satisfied himself, before such removal, by a personal examination of the body from which eyes are to be removed, that life is extinct in such body

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Complete Act

Title: Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed]

State: Central

Year: 1982

Preamble1 - EYES (AUTHORITY FOR USE FOR THERAPEUTIC PURPOSES) ACT, 1982 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Authority for removal of eyes of deceased persons Section4 - Removal of eyes not to be authorised in certain cases Section5 - Authority for removal of eyes in case of unclaimed bodies in hospital or prison Section6 - Authority for removal of eves from bodies sent for post-mortem examination for medico-legal or pathological purposes Section7 - Preservation of eyes removed from dead bodies Section8 - Savings Section9 - Protection of action taken in good faith Section10 - Cessation of operation of Bombay Act 33 of 1957 Section11 - Power to make rules Repealing Act1 - TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Preamble 1

Title: Eyes (Authority for Use for Therapeutic Purposes) Act, 1982

State: Central

Year: 1982

EYES (AUTHORITY FOR USE FOR THERAPEUTIC PURPOSES) ACT, 1982 [Act, No. 29 of 1982] [7th August, 1982] PREAMBLE An Act to provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith. BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows: -

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 4

Title: Removal of Eyes Not to Be Authorised in Certain Cases

State: Central

Year: 1982

(1) No facilities shall be granted under sub-section (1) of section 3 and no authority shall be given under sub-section (2) of that section for the removal of eyes from the body of a deceased person if the person required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force. (2) No authority for the removal of eyes from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of internment, cremation or other disposal.

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 7

Title: Preservation of Eyes Removed from Dead Bodies

State: Central

Year: 1982

After the removal of the eyes from the body of the deceased person the registered medical practitioner (ophthalmic) shall take such steps for the preservation of the eyes so removed as may be prescribed.

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 5

Title: Authority for Removal of Eyes in Case of Unclaimed Bodies in Hospital or Prison

State: Central

Year: 1982

.....body is available in the hospital or prison; or (ii) two hours from the time of the death of the concerned person, in cases where facility for cold storage of the dead body is available in the hospital or prison. (3) No authority shall he given under sub-section (1) if the person empowered to give such authority has reason to believe that any near relative of the deceased is likely to claim the dead body even though such near relative has not come forward to claim the body of the deceased within the time specified in clause (i) or, as the case may be clause (ii) of sub-section (2). Explanation. For the purposes of this section "hospital" includes a nursing home, medical or teaching institution for therapeutic purposes or other like institution.

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Eyes (Authority for Use for Therapeutic Purposes) Act,1982 Complete Act

State: Central

Year: 1982

.....purposes approved by the Administrator in this behalf and who is en- rolled on a State Medical. Register as defined in clause (k) of the said section. SECTION 03: AUTHORITY FOR REMOVAL OF EYES OF DECEASED PERSONS (1) If any person had, either in writing or orally, in the presence of two or more witnesses (at least one of whom is a near relative of such person) unequivocally authorised at any time before his death, the use of his eyes, after his death, for therapeutic purposes (such person being hereafter in this sub-section referred to as the donor), the person lawfully in possession of the dead body of the donor shall, unless he has any reason to believe that the donor had subsequently revoked the authorisation aforesaid grant to a registered medical practitioner (ophthalmic) all reasonable facilities for the removal, for therapeutic purposes, of the eyes from the dead body of the donor. (2) Where no such authorisation as is referred to in sub-section (1) was made by any person before his death but no objection was also expressed by such person to his eyes being used after his death for therapeutic purposes the person lawfully in possession of the body of the deceased.....

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 6

Title: Authority for Removal of Eves from Bodies Sent for Post-mortem Examination for Medico-legal or Pathological Purposes

State: Central

Year: 1982

Where the body of a person has been sent for post-mortem examination (a) for medico legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or (b) for pathological purposes the person competent under this Act to give authority for the removal of the eyes from such dead body may if he has reason to believe that the eyes will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal for therapeutic purposes, of the eyes of such deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to his eyes being used for the therapeutic purposes after his death or where he had granted an authority for the use of his eyes for therapeutic purposes after his death such authority had not been revoked by him before his death.

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 8

Title: Savings

State: Central

Year: 1982

(1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body or with any part of the body of a deceased person if such dealing would have been lawful if this Act had not been passed. (2) Neither the grant of any facility or authority for the removal of eyes from the body of a deceased person in accordance with the provisions of this Act nor the removal of eyes from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code.

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Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 [Repealed] Section 11

Title: Power to Make Rules

State: Central

Year: 1982

.....removal of eyes from unclaimed bodies may be authorised, as required by section 5; (b) the preservation of removed eyes, as required by section 7; (c) the publicity which may be given to the provisions and objects of this Act, (d) any other matter which is required to be or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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