corrigeida to tile eyes (autiiority for use for tiferapejt1c ptffiposes) bill, 1978 do bfj/as introduced in lok sabha 7 fo r " 2" re ad  102" --2 page 2, line 16,-for-----adrnin~·tead·~ --after "case" 2!!!l! "in cases" -5   page- 4, line _ 4,-for -,·1t-procee<tings~_ read--~----- page -4, line 25,-for-'- tlfcum"_ re ad· -"the fodtt" --phalguna 4, 1899 (saka) , ,  biu no1 01 ltd the eyes (authority for use for therapeutic purpos'ib) bill 1978 billto provide for the use oj eyes of deceased persons for therapeutic purposes and for matters connected therewith be it enacted by parliament in the twenty-ninth year of the republic of india as follows:-1 (1) this act may be called the eyes (authority for use for therapeutic purposes) act, 1978 s (2) it extends to the whole of the union territory of delhi short title, extent and commencement (3) it shall come into force on such date as the admini~tor may, by notification in the official gazette, appoint z in this act, unless the colitext otherwise requires,-deilnitiou (a) "administrator" means the administrator of the union ter-10· ritory of delhi appointed by the president under article 239 of the constitution; (b) ··near relative", in relation to a deceased ~on, means any person related to him as spouse, parent, son, daughter, brother or sister and includes any other person who is related to him-is (i) by lineal consanguinity within three degrees or dr collateral consanguinity within six defi'ees; qr (u) oy marriage with any of the relatives aioreaid explanation-the expressions "lineal consanguinity" and "collateral consanguinity'" shall have the meanings respectively assigned to them in the indian succession act, 1925, and 390t 1925 degrees of relationship shall be computed in the manner laid down in that act; s (t:) "prescribed" means prescribed by rules made under this act; authorlt, !or" of eyei 01 deceued pe1'ioiii (d) "registered medical practitioner (ophthalmic)" means a medical practitioner who possesses any recognised medical qualification n defined in clause (h) of section 2 of the indian medical council 10 act, 1956, and possesses a post-graduate qualification in ophthal-2 of 1958 mology 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 medical 15 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 least one of whom is a near relative of such person) unequivocally authorised, at any time before his death, the use of pis ~yes, il«er bis death, for therapeutic purposes (such person being 20 hereafter in th1s sub-section referred to as the donor), the person lawfuij¥ m'poijenion of the deacl 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 f,acilities for the removal, for therapeutic purposes, 25 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 30 deceased person may, unless he has reason to believe that any near relative of the deceased person has objection to the deceased person's eyes being used for therapeutic purposes, authorise the removal of the eyes of the deceased person for their use for therapeutic purposes (3) the authority given under sub-section (1) or, as the case may 3s 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 medic$,! practitioner (ophthalmic) who h?d satisfied himself before such removal, by a personal examination of the body from which 40 eyea are to be removed, that life is extinct in such body t (1) no facilities hall be granted under sub-section (1) of section 3 and no authority shall be given under sub-section (2) of that sectfon for the removal of eyes from the body of a deceased person if the person ~uiroto grant such f~i1ities, or empowered to give such authority,4s removal of~ not to be authorf8ecl ill eertaid cull ~as 1'nioq 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 (j) ko authority for the removal of eyes from the body of a d - cealed persod shall b given by a peroll to whom sucb body hal b •• ~iltrusted solely for the puq)oae of intermtltt, cr'ertifticjtl or ~ dwr poal s (1) in the case of a dead body lying in a hospital or prison and not claijm,ed by any of the near relatives of the deceaaed penon, the authgrify s for the removal of the eyes from the dead body which so remains 1iilclaimed may be given, subject to the provisions of sub-section (2), ill the prescribed form, by the person in charge, for the time being, of the management or control of the hospital or prison or by an employee of such hospital or prison, authorised in this behalf by the person in ebarae 10 of the management or control thereof authority torr  val ot elf in cui inc  ofunclaba ed bodi  in hospital or prilcin (2) the authority referred to in sub-section (1) shall not be givm except after the expiry of-(i) half an hour from the time of the death of the cgilcerned person, in cases where no facility for cold storage o,f tile dead bod)' is il available in the hospital or prison; or (ii) two hours 1rom the tij1le of the death of the ooneernecl petsglt, in cases where facility for cold storage of the dead body it li'ftilable in the hospital or prison (3) no authority shall be given under sub-section (1) if the person 20 empowered to give such authority has reason to believe that any near relative of the deceased is likely to claim the dead body even thougd such near relative has not come forward to claim the body of the deeeased within the time specified in clsum (i)or~,  tl)e cae may be clause (ii) of sub-section (2) 2s explan4tion-for the purposes of this section, "hospital" includes a nursing home, medical or teaching institution for therapeutic purposes or other like institution authority torremoval of eyes from bodies sent for polt mortem uamina tiod for medicolepl purposes 6 wbere the death of a person it caused by accident or any other unnatural cause, and his dead body has been sent foe post mol'tem -ami-30 nation for medico-legal purposes, the person competent under this act to give authority for the removal of the eyes from such d~d body may, if he has reason to believe that the eyes will not be required for any medico-legal purpose, authorise the removal for therapeutic purposes, of:the eyes of such deceased person provided that he is satisfied that the deceased 3sperson had not expressed, before his death, any objection to hts e1es being used for therapeutic purposes after his· death or, where he ilad grmted an authority for the use of his eyes for ther~tit putpflise8' after his death, such authority had not been revoketd by him befoiie· his death 040 1 after tlie removal of the eyes from the body of the deceased persott, the registered medical practitiojer (ophthalmk) allah take such step fal' the preservation of the eyes so removed as may be prescribed preserva· tiod of ey  removed from dead bodj, savin, • 8 (1) nothing in the tonegoing provisions of this act shall be construed as rendering unlawful any dealing with the body or with any part 4s of the body otf a deceased person if such dealing would have been lawful if this act had not been passed (2) neither the grant of, any facility or authority tor the removal of eye from the body of a deceased person in accordance with the provisions f this a~-dqr the removal of eyes (rom 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 • no suit, prosecution or other legal proceedings shall lie against any perlon for anything which is in good faith done or intended to be done s under this act proteetioa of action taken id good faith 10 (1) on the commencement of this act, the bombay corneal grafting act, 1957, as in force in the union territory of delhi, shall cease to be in fwee in the union ten'itory of delhi: cessation of operation of bombay act 23 of 19b7 provided that such cesser sihall not affect the previous operation of 10 the enactment aforesaid arid anything done or any action taken (including any authority granted, any direction or notice issued) under any provision 01 such enactment shau, in so f81' as it is not inconsistent with the provislons of this act, continue to be in force unless and wltil superseded by anything done or any action taken under this act is (2) any reference, in the enactment so ceasing to be in force, to any oftlcer, authority or person entrusted with any functions thereunder, shall be construed, where necessary, as a reference to the corresponding officer, authority or perl't>n functioning under this act 11 (1) the administrator may, by'dotification in the oftic:ial gazette, 20 make rules for carryin, out the provisions of this act | power    ||----------|| make     || naja    |  (2) in particular and without prejudice to the ,enerality of the ioreeom, power, such rules may provide for all or any of the rolluwinl matters, namely:-(4) form ill whieh removal of eyes from unclaimed bodies may be 2s authorised, as required by section 5; (b) the preservation of removed eyes, as required by section 1; (c) dy other matter which is required to be or may be prescribed (3) every rule made under this act shall be laid, as soon as may be 30 after it is made, before each house of parliament, while it is in session 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 modification in the rule or both 35 houses agree that the rule should not be made the rule shall thereafter 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 any thine previously done under that rule  statementof objects and r&sonsmodern science has rendered possible the use of eyes of deceued persons for restoring sight to blind persons it is also possible to con-  serve the eyes of deceased persona tor use at a future date with, view to taking full advantage of these developments and building up an eyebank in the union territory of delhi, the bombay comeal grafting act, )957, was extended to the union territory of delhi in 1964 by a noti1lcatiod under the union territories (laws) act, 1d5o 2 experience of the working of the act has revealed that it is deftcient in certain respects in the first place, under the act, eyes can be removed by any registered medical practitioner practising any system of medicine and recognised as a registered medical precti tioner under any law for the time being in force in india , the removal and preservati0ll 01 eyes requires special skill and special facilities if a person who is not suffi-ciently qualified removes the eyes, there is a danger of the eyes becoming useless for any purpose it is, therefore, considered necessary to ensure that only those who qualify as registered medical practitionem 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 of 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 object new delhi; the 30th decemnel', 1977 raj narain clauee 11 of the bill empowen the adndnistrator to malie rulm it i& intended to mue suitable rules for giving publicity to the provtskrls oj the legislation 80 as to attract donations of eyes rules win also deal with the facilities for storage ot eyei though the smnbay cormal gmftinm act; 1~?, wbieh has been m force in the uftion tel'fitory of delhi does not pro!vide for the making of rules, the afanmentiened mat; ters have been, to some extent, regulated by administrative instroetiods and facilities have already been created in the union territory for the stonge of f!1es the expenditure in respect o~ the aforementioned ntatters is hemg met from out of the nonnal budgetary grants for eradication of bundhess hence, no additional expenditure of a recurring or n8ftret'urring nature over and above the said budgetary grants win be iaeurred on account of the provisionlr made 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 legislation 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 administrative detail and procedure, and as such the delegation of legislative power is of normal character  a billto provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith (shri raj nat4in, ministr of health and 7amiltl w'lfan> 