 10k sabht co rrl genidmto trle ekr dhjns jj~d ei:r iones (ijjthority lor use feb therapeijtic purposbs) bill, 1980 eto be/41s int it> duced in lok sal:h3 7  ~ page 2, line 3,-f2£ "relative tl ~ "relatives" new delbi; july 29 1980 bra v ana 7, 19 02 (sak-a) 8iif k i ~ 'l18t-"' in me -                  -                     p  the ear drums and ear bonts (authority folt use for therapeutic purposes) bill, 1980 a liuu,to provide for the use of earrs of deceased persons jq1' therapeutic purposes and jor matters connected therewith be it enacted by parliament in the thirty-fhost year of th~ ~!ftl of india as follows:-1 (1) this act may be called the &r drums and ear- ban~ (attthohty lor use for therapeutic purposes) act, 1960' s ii) it extebds to the whole of the unidtl tmitgry fit detht short title, extent and com-(3) it sbaol tame into fotes ()ft sech dsteas the a4miriatl'ator may, menceby notification in the official gazette, appoiflt ment tiona' 10 (a) "administrlitc1t" means the ad1f1fnlltl'wtdr of iim"union" territory' of t)~lhr 8ppo1rited' b,the p'tmdcnt ubd'r' apticle '239,1  the toltstiwtiort; (b) "ear" includes ear drums and ear bonea~· (c~ "n_'nuattve'~,' tn remtioa ie seceased ~fm"4my ,,licm ~'la" him' 1 as spou8e, pal'em, on,· c;lmlffhtel'~ brother or is siste~r_'tdc"" ny··other,_ who is relaw ~ hija-(i) by lineal consanguinity within three degrees or by collateral consanguini1;f within six degrees; or ~ - (ti) by marriage with any of the relative aforesaid explanation-the expre~sion "lineal consanguinity" and 'collateral consanguinity" shall have the meanings respectively ilbsigned s to them in the indian succession act, 1925, and degrees of relation-39 of 1925 ship shall be computed in the manner laid down in that act; (d) "prescribed" means prescribed by rules made under this act; (e) "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined 10 in clause (h) of section 2 of the indian medical council act, 1956, 102 of 1956 and who is enrolled on a state medical register as defined in clause (k) of that section authority for removalof ears of deceased persons 3 (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 is person) unequivocally authorised, at any time before his death, the use of his ears, after his death, for therapeutic purposes (such (lerson 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 authori-~o sation aforesaid, gr8bt to a registered medical practitioner, all reasonable facilities for the removal, for therapeutic purposes, of the ears from the dead body of the donor (2) where no such authorisation as is referred to in sub-sectlon (1) was made by any qerson before his death but no objection was also ~5 expressed by such person to his ears being used after his death for therapeutic purposes, the person lawfully in possession of the dead body of such person may unless he has reason to believe that any near relative of the deceased person has obiection to the deceased person's ears being used for ther~eutic purposes, authorise the removal of the 30 ears of the deceased person for their use for therapeutic purposes (3) the authority given under sub·secti'on (1) or, a~ the case m$y be, under sub-section (2), shall be sufficient warrant for the removal, for therapeutic purposes, of the ears from the body of the deceased person; but no such removal shall be made by any penon other thana registered 35 medical practitioner, who had satisfied himself, before such removal: by a personal examination of the body from which ears are to be removed, that life is extinct in such body removal of ears not to be authorised inocertain cases 4 (1) no facilities shall be granted under sub-section (1) of sectio~ 3 and no authority shall be given under sub-section (2) of that section for 40 the removal of ears from the body of a, deceased persop, ,if the person required to grant such facilities, or empowered to give such, authority has reason to believe that an inquest may be requiredto be ,ljet~1 in relation to such body in pursuance of the provisions of any law for the time being in force i , '(zt no authority for the removat of _rs from the body of a -deceased person shall' be given by a per&ort to whom such body has 4men entl'uted solely fart'he' '~e of interment, orematton or otbetdtspaul, ' ~ ",' i '(~) 1%1 the ca~'bt> a 'dead body lying in a ho~t~, ~r prison,and ~ot claimed by any of' the near relatives of the deceased person within iulct~~ h,o,¥"sfrom the time of the death of the concerned peraon the autho:l'lty for the removal of the ears from the dead body which so 5 ~emalns unclaimed may be given, in the prescribed iormj by the perlon in charge, for the time being of the management or control of the hospital gr pzusonor by an employee of streh hospital or prilon authorised in this behalf by the person in charge of the managemel1for control thereof autborityfot removal of ears incase ot unclaimed bodies in hospitalor prison (2) no authority shall be given under sub-aection (1) if the ;>erson 10 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 sub-section (l) explanatwn-for the purposes of this section, "hospital" includes a 15 llursing home, medical or teaching institution for therapeutic pw'polies or other like institution 6, where the death of a person is caused by accident or any other unnatural cause, and his dead body has been sent for ,?ost-mortem examination for medico-legal purposes, the person competent under this !olo act to give authority for the removal of the ears from ~uch dead body may, if he has reason to believe that the ears w,ill not ,be required for any medico-legal purpose, authorise the removal for therapeutic purposes, of the ears of such deceased person provided that he is satisfied that the deceased person had not expressed, before his death, anyobjec-25 tion to his ears being used for therapeutic purposes after his death or, where he had granted an authority for the use of his ears for therapeutic purposes after his death, such authority had not been revoked by him before his death authority for removal of ears trom bodies sent for postmortem examination for medicolegal purposes 7 after the removal of the ears from the body of the deceased 30 person, the registered medical practitioner shall take ,~u~h steps for the preservation of the ears so removed as may be prescrl e  preservation ot ears removed from dead bocuet savin  , 8 (1) n thin, in the foregoing proviliion ot this act shall be onstrued a~ rendering unlawful any dealing with the body or with any c h bod of a deceased person it such deahng would have been part of t e y lawful if this act had not been passed 35 2 neither the grant of any facility or authority for th~ removal of ( ) th body of a deceased person in accordance wlth the proe~ from hie act nor the removal of ears from the body of a deceased vlslons of t s in pursuance of such authority shall be deemed to be an offence person bl nder section 297 of the indian penal code o pumsha e u u of 1860 4 't secution or other legal proceedings shall lie against 9 no sui, pro-+hi any person for an,1' ng which is in good faith done or intended to be done under this act pro~  tionot action takenln good taith (2) in particular, anci without prejudice to the ceneratlty 'of the iorepinc po:wer, such rules may provide for all or ally of th~ fono~ maus, 'daoaely:-s (0) dle f:~m i iq w" reqloval of -r from ugc:iaimed,bqdiee ~y,~ t'ut\\~~d,  !",  ,,"uked by sdctio" 5; (b) tbepreservation of removed ears, as required by section 7; (c) thepu~licity wh~ch ~~)' be ,iven to ~e jid»v~096  a84l o~)~ ()f' tjus a,ct; 10 (d) any other matter which is required to be or may be prescribed ,i " ' (3) every rule made under this act shall be laid, as soan 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 cod;lprised in, one 15 session or in two or more successive sessions, and if, before the expiry of the session immediately following' the session or the s~ccessive sessions aforesaid, both houses agree in making any mo~ification in the rule or both' houses agreeihat the rule should not be m~de, ~e j;\jle shall thereafte;r have effect only in such modified fol]ll o:r; j?e o~ po lzo elf~t, 'as the case maybe; so, llowever, th~t, any such d}opift~~ti~jl or annulment shall be without' prejudice to the vali<ijty of ~yth,ij:lg previously ~orie under that rul~ '  , ' tr~plantat~o~ !)fw~ jwdlw'  ~)l"·pn· ~ ltt~ at the lok nay~, jai p:r~kmh xj,f~ai1,l:~o~p~w, ~j!,w ,:oelw~ wi~ ~wm'fw­idi results the ~nef1t of, ~,,~c~~y ,9tm9t,re  ijl,qeav~e,,;~ allpe1-'8ojlb who need it @l~ fb,f ~l1wl$ arul '~'1po~ are~'fu~ip sutftcient ~uan~t+es ',l'lte bjll~ th~efore~ ~"q to pf~vid~tol; ul~ ,dq9juiop bya pe~of l\is ear~ tw"tbj!j:~uijc ~w]?9aes 1'4e~ijla~qimww"fs the person in charge of a ~~d~ b:qgy ~q ,dpnme,th~~fmpttpe~ person except where the deceased 'person· had, before his death, objected tq such,<lopation of jf~y near ,r,ijl\ive, ot ~e ~~a,~~~eqts to such donation the person in charge, ()t  "l1~t,w;~op ql' m';~­rised employee thereof has also been empowered to' give consent to the removal of the ears of a deceased person if the dead body of such person has not been claimed ~y his near relative within sixteen hours of the death of such person however, it is provided in the bill that authority for removal of ears, in the case of an unclaimed body shall not be given where the person empowered to give such authority has ~eason to believe that any near relative of the deceased is likely to claim the dead body, even though no such n~ar relative has come forward to claim the body of the deceased within the said period of sixteen hours 2 the bill also seeks to give the necessary protection to the persons acting in good faith in accordance with the provisions thereof new delhi; b shankaranand the 27th june, 1980 clause 10 of the bill empowers the administrator to make rules it is intended to make suitable rules for giving publicity to the provisions of thelegislatlon so as to attract donattoilsof ears it is also proposed to make rules for the creation of an ear bank and for the registration of names of persons willing to donate ears it is estimated that these provisions would involve a non-recurdng expenditure of rs 20,000 and a recurring expenditure of ri 40,000 per year 2 the provisions of the bill do not involve any other expenditure of a recurring or a non-recurring nature  -  ~ • '~"""'iiib"";-""'1«"" ___________________ ~  i i memorandum regarding delegated legislationclause 10 of the bill empowers the administrator to make rules for carrying out the provisions of the bill the matters in respect of which rules may be made relate to the form in which removal of ears of unclaimed bodies may be authorised, preservation of removed ears, the manner in which publicity may be given to the provisions of the legislation and any other matter which is i'equired to be or may be prescribed 2 the matters in respect of which rules may be made are of administrative detail and procedure, and as such, the delegation of legislative power is of normal character  a billto provide for the use of ears of deceased persons for therapeutic purposes ~d for mattelli connected therewith (shri b shiankaranand, minister oj education and hea,lth and social wdfare) 