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THE ORISSA EYES (AUTHORITY FOR USE FOR THERAPEUTIC PURPOES) ACT, 1985
THE ORISSA EYES (AUTHORITY FOR USE FOR THERAPEUTIC PURPOES) ACT, 1985
Orissa Act 13 of 1985
[Received the assent of the Governor on the 3rd October 1985 first published in an extraordinary issue of the Orissa Gazette, dated the 9th October 1985]
An act to provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith
Be it enacted by the Legislature, of the State of Orissa in the Thirty-sixth Year of the Republic of India, as follows:—
1. Short title and extent.
(1) This Act may be called the Orissa Eyes (Authority for use for Therapeutic Purposes) Act, 1985.
(2) It extends to the whole of the State of Orissa.
2. Definition.
In this Act, unless the context otherwise requires,—
(a) "near relative", in relation to a deceased person, means any person related to him as spouse, parent, son, daughter, brother or sister and includes any other person who is related to him—
(i) by lineal consanguinity! Within three degrees or by collateral consanguinity within six degrees; or
(ii) by marriage with any of the relatives aforesaid:
Explanation— The expressions "lineal consanguinity" and "Collateral consanguinity" shall have the meanings respectively- assigned to them in the Indian Succession Act.1925 and degrees of relationship shall be computed in the manner laid down in that Act,
(b) "prescribed" means prescribed by rules made under this Act;
(c) "registered medical practitioner (ophthalmic)" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and possesses a post-graduate qualification in Ophthalmology or a certificate showing that he had received training in enucleation procedure in the Ophthalmic Department of a hospital or teaching institution for therapeutic purposes approved by the State Government in this behalf and who is enrolled on a State Medical Register as defined in clause (k) of the said section.
3. 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 the 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 person may unless he has reason to believe that any hear relative of the deceased person has objection to the deceased person's byes, being used for therapeutic purposes authorise the removal of the eyes of the deceased person for their use for therapeutic purposes.
(3) The authority give n under sub-section (1) of 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 tier be removed, that life is extinct in such body.
4. Removal of eyes not to be authorised in certain cases.
(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 diseased 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 interment, cremation or other disposal.
5. Authority for removal of eyes in case or unclaimed bodies in hospital or prison.
(1) In the case c-f a dead body lying in a hospital or prison and not claimed by any of the near relatives of the deceased person, the authority for removal of the eye from the dead body which so remains unclaimed may be given, subject to the provisions of sub-section (2) in the prescribed form, by the person in charge, for the time being of the management of control of the hospital or prison, or by an employee of such hospital or prison, authorised in this behalf by the person in charge of the management or control thereof.
(2) The authority referred to in sub-section (1) shall not be given except after the expiry of—
(i) half an hour from the time of the death of the concerned person, in cases where no facility for cold storage of the dead body is available is 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 be 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).
Explqnafion— For the purposes of this section, "hospital" includes a nursing home medical or teaching institution for therapeutic purpose or other like institution.
6. Authority for removal of eyes from bodies sent for post mortem examination for medico-legal or pathological purposes.
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
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 pot expressed; before his death, any objection to his eyes being used for 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.
7. Preservation of eyes removed from dead bodies.
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.
8. Savings.
(1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dialing with the body or with any part of the body of a deceased person if such dialing 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 parson 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.
9. Protection of action taken in good faith.
No suit, probation or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
10. Repeal and savings.
(1) The Orissa Corneal Grafting Act, 1960 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken (including any authority granted) under the said Act, shall be deemed to have been done or taken under this Act.
11. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form in which 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.
