Amendment status not verified — confirm the current text below against the official source.
Removal of the eyes of deceased persons.-( 1) If any person, either m writing at any time or orally m the presence of two or more persons during his last illness, has expressed an unequivocal request that his eye or eyes be used for therapeutic purposes after his death, the party lawfully in possesswn of his body after h1s death, may, unless, the said party has 1eason to beheve that the request was subsequently with- drawn, authorise the removal of the eye or eyes from the body for use for those purposes. (2) W1thout prejudice to sub-section (I), the party lawfully in possession of the body of a deceased person may authorise the removal of the eye or eyes from the body for the purposes aforesaid unless that party has reason to believe :- (a) that the deceased had expressed an objection to his eye or eyes bem15 so dealt with after his death, and had not withdrawn It; or (b) that the surv1vmg spouse or any near 1elative of the deceased objects to the eye or eyes of the deceased bemg so dealt w1th. (3) An authority given under this Act in respect of any deceased person shall be sufficient warrant fm the removal of the eye or eyes from the body and its or their use for the purposes aforesaid ; but no such removal shall be effected except by a med1cal officer possessing the prescnbed quahfications and attached to, or employed in, an approved institution, who must have satisfied lumself by a personal exammatwn of the body that hfe 1s extinct and the eye or eyes shall afte1 such removal be handed over by such med1cal officer to the nearest approved mstitut10n. (4) (a) No authority for the removal of the eye or eyes under this Act shall be g1ven 1f the party empowered to give such authonty has reason to believe that an inquest may be required to be held on the body. (b) Any person who, knowing or havmg reason to believe that an mquest may be required to be held over a dead body, g1ves or abets the g1vmg of any authority under this Act, shall on conviction before a Magistrate, be liable to fine which may extend to two hundred ru- pees. (5) No authority shall be given under this Act in respect of the body of a deceased person by any person who has been entrusted with the body solely for the purpose of its interment, burial, cremation or disposal otherwise. ~ 1 I ~ ~ i ' I 'I II ,l J ! '! 'i I J,., I -~- 87 (6) In the case of a body lying in a hospital, prison, nursing home or mstitutwn, and not claimed by any of the near relatives of the deceased within such time as may be prescribed, an authority under this Act may be given by the person havmg the control and manage- ment of the hospital, prison, nursing home or institution or by any person designated by the first mentioned person in that behalf. (7) Nothing in this Act shall be construed as rendermg un- lawful any dealing with the body of a deceased person, or:any part thereof, wh1ch would have been lawful if this Act had not been passed.