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Section 3

The Gujarat Corneal Grafting Act, 1957State Act of Gujarat · Act 33 of 1957

(1) If any person either in writing at any time, or orally in the presence of no or more witnesses during his last illness, has expressed a request that his eyes be for therapeutic purposes after his death, the person lawfully in possession of his after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorize the removal of the eyes from the body for those purposes.

(2) Without prejudice to the provisions of sub-section (1), the person lawfully in possession of the body of a deceased person may authorize the removal of the eyes from the body for the purposes aforesaid unless that person has reason to believe-

(a) that the deceased had expressed an objection to his eyes being so dealt with after his death, and had not withdrawn such objection ; or

(b) that a near relative of the deceased objects to the deceased’s eyes be so dealt with.

(3) An authority given under the provisions of this section in respect of an deceased person shall be sufficient warrant for the removal of the eyes from the body and their use for the purposes aforesaid ; but no such removal shall be effect except by a registered medical practitioner working in an approved institution who has satisfied himself by a personal examination of the body that the is extinct.

4. The authority for the removal of the eyes shall not be given under section if the person empowered to give such authority has reason to believe that it inquest may be required to be held on the body in accordance with the provisions any law for the time being in force in that behalf.

5. No authority for the removal of eyes shall be given under section 3 in response of the body of a deceased person by a person entrusted by another person with the body of a deceased person for the purpose only of its interment or cremation.

6. In the case of a body lying in an approved institution any authority for removed of eyes under this Act may be given on behalf of the person having the control or management of the approved institution by any officer or person designated in that behalf by the first mentioned person.

Where this provision sits

ActThe Gujarat Corneal Grafting Act, 1957
Section3
JurisdictionState of Gujarat
StatusIn force as published by the source

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