l0k snbha ccjrrige ndum to the eyes (iutii0rily fgr use fgr ti1erapeutic purposes) bill, 19r,c (i2~lal~trody'~ed in lok~!2b!) page 3, line 24,-!2! "clause (1) of" read "clause (i) or" new delhi; november 2(; __ j98c kartika 29, ly02 "'(sakal  bill no 191 of 1980 the eyes (authorlity for use for therapeutic purposes) bill, 1980 a billto provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith bs it enacted by parliament in the thirty-first year of the republic of india as follows: -: 1 (1) this act may be called the eyes (authority for use for short therapeutic purposes) act, 1980; title, (2) it extends to the whole of the union territory of delhi 5 extent and commencement (3) it shall come into force on such date as the administrator may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitions 10 (a) "administrator" means the administrator of the union territory of delhi appointed by the president under article 239 of the constitution; (ib) "near relative", in relation to a deceased person, means any person related to him as spouf,e, parent, son, daughter, brother or sister and includes any other person who is related to him-15 (i) by lineal con!langtl'inity within three degrees or by collateral consangwnity w~th in six degrees; or (ii) by marriae 'val i any of the relatives afore~d, explanation-the expressions "lineal consanguinity" and "collateral consanguinity" shall have the meanings respectively assigned to them in the indian succession act, 1925, and degrees 89 of 1925 of relationship shall be computed in the manner laid down in that act; 5 (c) "prescribed" means prescribed by rules made under this act; (d) "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 10 council act, 1956, and possesses a post-graduate qualification in 102 ot 1956, 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 administrator in this behalf and who is enrolled on a state 15 medical register as defined in clause (k) of the said section 3 (1) if any person had, either in writing or orally, in the presence of two or more witnesses (at le&3t one of whom is a near relative of such authority fur removal of eyes of deceased persons per~on) unequivocally authorised, at any time before his death, the use of his eyes, after his death for therapeutic purposes (such person being 20 hereafter in thi's sub-section referred to as the dorjor) the nerson -lawfully in possession of the dead body of' the donor shall unless he has ~ny reason to believe that the donor had subsequently revoked the :mthorisation aforesaid, ~ant to a tegtstered medical practitioner (ophthalmic) all reasonable facilities for the removal, for therapeutic pur- 25 poses, of the eyes from the dead body of the donor, (2) where no such authotisation as is refem'ed to in sub-section (1) was made by any person before his death but '1'10 objection was' 'also expressed by such person to his eyes being u"ed after his death for thera-deutic purposes, the person lawfullv in possession of the body of the 30' deceased person may, unless be has reason to believe that· any near relative of the deceased person has objection, to' the d~eased personls eyes being used for therapeutic purposes, authorise the removal of the eyes of the deceased person 'for 'their lf8e' for th~rlpemrc ~rpioses (3) the authority given under sttb-sa!tlon' (1) 'or, as the case mav 35 be under sub-section (2), 'shall be '8utflcient warta'nt' 'for ,the remov'al, for therapeutic purposes, of the eyes from the body of the deceased person; but no such removal shall be made by liny 'person other 'than a regi'3tered medical practitioner (ophthalmic) who had sl;ltisfted himself, before such removal, by a personal examination of the body from which 40 eyes are to be removed, that life is extinct in such body removal of eyes not to be authorised in certain cases 4 (1) no facilities shall be granted under sub-section (1) of section 3 and no authority shall be given uncler 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; ori~erea to give weh authority,'45 has reason to believe that an lncluest·~'y be requtred to be'hfjld in relation to such body in pur!lu~,ce qf tne, ,provisions of any l-w for the urnes being in fbi'ce :(?)rn~ ~~y,~r t4er~yal~of eyes from tjf!e~y o(adecsed ~!jl¥lij,be ~~)by,a rw~q~t~,~ s\lch bqdyhas ~en entrusted ~,ly for the pui'p9ije of inten:~:u~l;i,t, cr~q,r or oi4er disposal ~ (1) in the ~~ of a deafi,bgdy lying in a hqs~tal or prison, and d,qt 5 claimed by any of the near relatives of the deceased person, the authority for the removal j of the eyes from the dead body wftich so remains unclaimed may be given, 8ubjectto the provisiaas of sub-section (2), in the prescribed form, by the person in charge, for the time beid& of the authority far removalote-,,, in c~, ofwic~  -ed ~~~ in hospital or priboj1 man!:l:g~ent or control of the hospital or prison or by an employee of 10 sueh hos}')ital 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 aft the expiry of- (i) half an hour from the time of the 'death of the concerned 15 person, in cases where no faciltty for cold storage of the dead body is available in the hospital or prison; or (ii) two hours from t~~ time of th~ de,a\h of the c,oncerned person, in cases where facility for cold orage of the 'dead body is available in the hospital or priscn 20 (3) no authority ~all be, given under ,ub-section (1) if the person empowered to give such authority has r~on to believe that any near relative of the deceased is likely to claim the dead body even though such near relative bas not come forward· to claim the body of the deceased within the time specified in cla  (i) of; as the case may be, 25 clause (ii) of sub-section (2) expzanation-forthe purposes of thia section, "hospital" includes a nursing home, medical or teaching institation for therapeutic purposes or oth~r like institutipn 6 where the death of a person is caused by ac~ident or any other 30 unnatural cause, and·bis dtad body has been sent foil· postmortem examination for~ediqo-~iaij p\ljip~s, tb~· p~rspjl coj1l~~en~ under this act to give authority for the removal of the eyes from; ~h: de~d b¢y may, if h~ has, re~~ojl to qeli~ve, tha~ tl1eeyei! w~ll ~~tq~ x:~quirecl for any medico-legal p'urpose, authorise the removal for therapeutic purpo~~, ~f the 35 eyes of such deceased person provided that he is satisfied that the deceasedpellson had: not expressed, before jais'death, any objection to his eyesbeidg usqd for tbei'apeutio: purposes after his death or, where he had gt:adtiied an authority for the use of his qes for therapeutic purposes authority for removalof eyes from bodies sent for postmortem examination tor medicolegal purposes afta!~hisdeah, such autholtitly had dot been revoked by him before his 40 death    7~ a,tter th¢ re!~w of 1!im! ~ fllo~ ~e body: of t~ d~eas¢ ~rson, tbe  ~~e4 ~al:llr"ctw~ (omth41~) ~ take s~h steps _,t4e ptev~ijq~ ot ~e,  yes so x:~ved 8,i may be pre~ri~ preservation 0'1 eyes removed trom dead bodies savings 8 (1) nothing in the foregoing p~ovisi~ns of this act s?all be construed as rendering unlawful any deahng with the body or with any part 45 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 ~r 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 lndian penal code 5 0&1 of 1810 9 no suit, prosecution 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 protec tion o't action taken in good faith 10 (1) on the commencement of this act, the bombay col1leal grafting act, 1957, as in force in the union territory of deihl, shall cease to 10 be in force in the union territory of delhi: cessation of operation of bombay act 23 of 1957 provided that such cesser shall not affect the previous operation of the enactment aforesaid and anything done qr any action taken (including any authority granted, any direction or notice issued) under any provision of such enactment shall, in so far as it is not inconsistent with 15 the provisions of this act, continue to be in force unless and until superseded by anything done or any action taken under this act (2) any reference, in the enactment so ceasing to be in force, to any officer, authority or person entrusted with any functions thereunder, shall be construed, where necessary, as a reference to the corresponding ~o oft!cer, authority or person functioning under this act ll (1) the administrator may, by notification in the oftldal goette, make rules for carrying out the provisions of this act power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may 'provide for all or any of the followinl' 25 matters, namely:-(a) the form in which removal of eyes from unclaimed bodjes may be authorised, as required by section 5; (,b) the preaervation of removed eyes, 88 required by aeetion 7; (c)the publicity which may be given to the provisions  30 objects of this act; (d) any other matter which is required to be or may be pres-l cribed (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 aestion, 35 for a total period of thirty days which may be comprised in one &elision or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive se88iods 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 40 thereafter have effect only in such modified fonn or be of no erect, u the case may be; so, however, that any such modifioation or lliinulment shall be without prejudice to the validity of anything previously done under that rule modern science has rendered possible the use of eyes of decfased periods for restoring sight to blind persons it:is also possible to conserve the eyes of deceased persons for use at a future date with· a view to taking full advantage of these developments and building up an eye-bank in the union territory 01 delhi, the bombay corneal grafting aet, 1957, was extended to the union territory of delhi in 19m by a notiftcation under the union territories (laws) act, 1950   ,~~ experience of the workina 0'£ the act has revealed that it is deficient in certain respects in the first place, under the act, eyes ~ \)e removed by any registered medical practitioner practising any system of medicij1e and reco~sed as a registered medical practitioner under any law for i the time being in wce in india the removal and preservation of eyes requires special skill and special facili~ies if a person who is not suftl-  ciently qualified removes the eyes, there is a danger of the eyes becomin& useless for any purpose it is, therefore, considered necessary to ensure that only those who qualify as registered medical practitioners under the indian medical council act, 1956, and who have post-graduate qualifications in ophthalmology or who possess adequate experience and training in enucleation procedure are permitted to remove eyes from the bodies of deceased persons in the second place, the bombay act does not provide for the making of rules and experience has shown that the objects of the act can be better achieved if it is supplemented, with regard to details, by detailed rules in the third place, under the bombay act, eyes can be removed from bodies lying in certain hospitals or medical or teaching institutions for therapeutic purposes without obtaining the permission of any person with a view to respecting the wishes of the relatives of the deceased persons concerned and giving them an opportunity to claim the bodies, it is considered appropriate to prohibit the removal of the eyes from the bodies till such time as they do not get damaged and also to wait even beyond that period in cases where there is some possibility qf the relatives claiming the bodies 3 it is intended to avail of the present opportunity to replace the bombay act as extended to the union territory of delhi by independent legislation which would give effect to the aforementioned proposals 4 the bill seeks to give effect to the above objects nmw delhi; b shankaranand the 12th november, 1980  c, 1101 _ tbebtll ·empowen· the :adilli  to,  ",·it: is~_w!to:make suitawlikrwea fol'igil~ ito; ut1ovqllltv ot,ulegiuon iso as-to attjact ,domltigne,of-ejms~ -hilletwiulairnk~  --w4th4h~ilities:far ·storap·,of ey_ tbdup ithel:'~ 'corn_ grafting act;,,;1967, v/bi¢h has been in··forcer:in, the·(ullijinllte~itr£t delhi does not provide for the making of rule$, the aforementionedjiwt-~ been, --to some extent, regulated 'by adrttilli$'ti'i\reifi8~eu~ : aa1!inehttfes 'nti\te' already been created 'in the :uhidh ~itfttity:lfor the' s~·' of "'eyes:  the expenditure in te!sp~ct  of' the 4t6r~~htk;ri~:~ ~ts"1s rtngmet from out of the tlol1n$l dutlgetaty bfajlt$ fdr-~~dt;;· c"ah of llhnt!1le§ renee; no adtlitibhal exp~htuture ·of·alrecurti~&6r n6tlq~ 'nature over and above the said -buds~taiy g~anfs wru-~de  weti~~ 'on aecount 'of the provisions mape in ,the bill  memorandum regarding delegated legislationclause 11 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 eyes of unclaimed bodies may be authorised, preservation of removed eyes, the manner in which publicity may be given to the provisions of the legis-lation and any other matter which is required to be or may be prescribed '2 the matters in respect of which rules may be made are of adminiistrative detail and procedure, and as such, the delegation of legislative power is of normal character a  billto provide fq1' the use of eyes of deceased persons for therapeutic pur· poses and for matters connected therewith (shri b shankar4naftci, minuter of health am family wejfa1'e) 