Section 3   [ View Judgements ]

Authority for removal of eyes of deceased persons

(1) If any person had, either in writing or orally, in the presence two 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 authorization aforesaid, grant to a registered medical practitioner (Optoalmic) all reasonable facilities for the removal, for therapeutic purposes, of the eyes from the dead 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 near relative of the deceased person has objection to the deceased person's eyes being used for therapeutic purposes, authorise the remove 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 be, under sub-section (2), shall be sufficient warrant for the removal, for the 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 (0pth.almic) who had satisfied himself, before such removal, by a personal exwination of the body from which eyes are to be removed, life is extinct in such body.

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