 to me ear drums and ear bones (authority for use for therapeutic purposes) bill, 1978 df2 be/as introduced in l&k §abhsa 71 page 2, in the marginal heading to clause 3,-g"fter »ears" lnseii "of" 2 page 4 j line 4,-for: "be" 3 page 4~ line oj-i:l~ "without" ~ "any" 4 r'ge 4, line 9-fer "fo~ln" read "the fom" ---5 pog-:: 1 -  , ""1' y  jue 1l ,'" ill "e ar" re c:  ears" ---6 page 5, linf' 3,-i££ "parkash" ~ "prakash" 7 page 6, line 5 i -for "bank, " 1:£~d "bank and" new delhi; february 23, 1978 f-"fialguna 4, la-9~ (s aka)  bul no 17 ~ 1978 the ear drums and ear· bon·es(authority for use ,for therapeutic purposes) bill, 1978 a biu;0 provm for the use of ears of deceased persons for therapeutic purposes and for 1ll4tters connected t~ewith be it enacte(iby rarjj~~t jn the twenty-nintp year of the republic of india as follows:-1 (1) this act may be called the ear 'dl"ums and·r bones (authority short for use for therapeutic purposes) act, 1978: title, extent and 5 (2) it e;juw)ds to the whole of the union territory of delhi commencement (3) it shall come into force on such c;ijlte as ~p'e adn:1~$trator may, by notification in the official gazette, appoint  , z i~ this act, unless the cor;ttext otherwise requires,:-peftnitions, (a) "administrator" means the adruin~stra~or of the union 10 ,e,rritory of delhi app,0inted' by the pr~id~nt w,der article ~!j of ~the co~stitution; (b) "ear" includes ear drqrns and (!ar bon~sl - (c) "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 otlier person who is related to him-5 (i) by lineal consanguinity within three degrees or by collateral consanguinity within six degrees; or (ii) by marriage with any of the rel&tives aforesaid 10 39 ot 192~ explanation-the expressions "lineal consanguinity" and "collateral consanguinity" shall have the meanings respectively illilsigned to them in the indian succession act, 1925, and degrees of relationship !lhall 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 is in clause (h) of section 2 of the indian medical council act, 1956, and 102 of 195~ who is enrolled on a state med~cal register as defined in clause (k) of that section autborttj 101' removal oftal'l deoeued paonl s (1) if any person had, either in writing or oratiy, 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 ute ao of his ears, after his death, for therapeutic purposes (such person being hereafter in this sub-section referred to as the donor) the ptei'son 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, all 25 reasonable facilities for the removal, for therapeutic purposes, ot the ears 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 ears being used after his death for therapeu- 30 tic 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 objection to the deceased person's ears being used for therapeutic purposes, authorise the removal of the ears of the deceased person for their use for therapeutic purposes ~, (3) tbeauthority 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 ears from the body of the deceased person; but no such removal shall be made by any person other than a registered medical practitioner, who had satisfied himself, before such removal, by 40 a person~l examination of the body from which ears are to be removed that life is extinct in such body removal of ear not to be authorised in certain ~8 4 (1) no facilities shall be granted und~ sub-section (1) of section 3 and no authority shall be given under sub-section (2) of that section for the\ removal of ears from the body of a deceased person ,if the person 45 req:uired 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 ~uch body in pursllance of the provisions of any law tor the time being in force  (2) no authority for the removal of ears kom the body of a deeeased person shall be given by a person to wbqm such body has been entrusted solely for the purpose of interment, cremation or other disposal 5 (1) in the case of a dead body lying in a hospital or prison and not s claimed by any of the ,near relatives of the deceased person within sixteen hours from the time of the death of the concerned person, the authority lor the removal of the ears from the dead body which so remains unclatmed may ,be given/'in the prescribed form, by the person 'ill charge, f'3r' 'the time being, of the;,management 01" control of the hospital or 10 prison oil" by an employee of such hospital or prison, autherised in thia behalf by t~e perlion in charge of the management or control thereof autho:' rity for removal of ears iii case i of unclaimed bodies in hospital or prison (2) 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 th jugh j, such near relative has not come forward to claim the body oj the deceased within the time specified in sub-section (1) -expumation-for the purposes of this section, uhospital" ineludes a nilniing home, medical or 'teaching institution for therapeutic purposes or other like institution 20 6 where the death of a person is caused by accident or any other ultnatural ca:use, and his dead body has been sent for post-mottem exami· nation for medico-legal purposes, the person competent under this act to give authority for the removal of the ears from such dead body may, if he has reason to believe that the ears will riot be required for any medico-25 legal purpose, authorise the removal for therapeutic purposes, of the ears 011 such deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection 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, 30 such authority had not been revoked by him before his death auth()  rity f()r removal of ears from bodies sent for post mortem examination for medicolegal purposee t after the removal of the ears from the body of the deceased person, the registered medical practitioner shall take such steps for the preservation of the ears so removed as may be prescribed 8 (1) nothing in the foregoing provisions of this act shall be cons-preservation of ears removed from dead bodies savin" ~s trued 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 lawtul if this act had not been passed (2) neither the grant ot any facility or authority for 1lie-1'4mloval of ears forom the body of a deceased person in accordance with the provisions 40 of this act nor the removal of ears from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable 45 of 1860 under section 297 of the indian penal code 9 no suit, 'prosecution or 'other ie!gkl proceedings ~hail tie aglltnst -~ny person for anything whieh is in good faith ddne ()r intended to lie done under this act 1& (1) the administrator may, be notiftcation in the ofbcial gtte, make rules for ~ldg out the ph»v"'~'jol tiiis aet protection of action taken in good faith power to make rules  (2) in rparucu18ll', and without any prejudiee to the geaerality of the 5 foregoinl power such nalea may provide for all or any of the following matters, luultely:-- , ,(~) lormia whit  removalof'rs 'it6mifhe1afliieill«ia1es"tbay ie 10 authorised, as required by section 5; ('b) the prt!servation of removed! ear, 8s requited by section 7; (c),'any other ur whkh is required to be or may he preseribed (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 is 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 modiftcation in the rule or both houses agree that the rule should not be made, the rule shall 20 thereatier 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 l,l-uoft at fit cirmns and ear bones has been,~ at'the iliok 'tu,k jet parash naftlyan hosptta1, 'new delhi with encouraging results the benefit gf this facility cannot be made a'wtilable 'to all persons who deed it wlleas ear drumi and ear' bimn rareavaillible insufticient quantities the bill, therefore, _oio provide fo:rthe donation by a, person of llis' 4111'1 ,for therapeutic purposes the bill also empowels the pel'5on in charge « a dead body to donate the ears of the deceas~ person except where the d'eceased' 'person 'had, ~forehls death, objected to such don~uo;r1 or if any near relative of the deceased person objects to such doilation: ' the person in charge of a hospital or prison or an authorised 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 claimedby 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 em  powered to give such authority has reason to believe that any near ~e1ative of the deceased is likely 10 claim 'the dead body, even though no such near relative has come foll"ward 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; the 24th ~ember, 1977 raj narain clause 10 of the bill empowers the administrator to mallie wles it 11 intended to mu suitable rules for giving publieity to: the provisicms of the legislation so as to attract donations of ears it is also proposed to  e rules fer the creation of an ear bank, for the registration ot - __ ef persona willing to donate ears it is estimated that these provisions would ,involve a non-recurring expenditure of re 20,000 and a reeul'lidg eixpendtture of rs 40,000 per year   ~ the ,pro\tisio~s of th~ bill do not involve any other ~penditure ot a recuning or a non-recurting nature  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 whi~ ~les may be made rela'te to the fonn in which removal of ears of unclaimed 'bodies may be authorised, preservation of removed ears, th~ manner in which publicity may be given to the provisions of the legisja, tion and any other matter which is required to be or may be prescribed 2 the matters in respedt of which rules may be made are of a~, tra'tive detail and procedure, and as such, the delegation of legislativ~ power is of nonnal character -- ' , , r ,  ,'" }, ,,11 -  a billto provide for the use of ears of deceased persons for therapeutic purpor~~ and for matters connected therewith 