(1) No facilities shall be granted under sub-section (1) of section 3 and no authority shall be given under sub-section (2) of that section for the removal of eyes from the body of a diseased person if the person required 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 such body in pursuance of the provisions of any law for the time being in force.
(2) No authority for the removal of eyes from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal.
5. Authority for removal of eyes in case or unclaimed bodies in hospital or prison.
(1) In the case c-f a dead body lying in a hospital or prison and not claimed by any of the near relatives of the deceased person, the authority for removal of the eye from the dead body which so remains unclaimed may be given, subject to the provisions of sub-section (2) in the prescribed form, by the person in Authority for removal of eyes of deceased persons.
Removal of eyes not to be authorised in certain cases 3 charge, for the time being of the management of control of the hospital or prison, or by an employee of such hospital 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 after the expiry of :
(i) half an hour from the time of the death of the concerned person, in cases where no facility for cold storage of the dead body is available is the hospital or prison; or
(ii) two hours from the time of the death of the concerned person, in cases where facility for cold storage of the dead body is available in the hospital or prison.
(3) 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 though such near relative has not come forward to claim the body of the deceased within the time, specified in clause (i) or, as the case may be, clause (ii) of sub-section (2).
Explnation- For the purposes of this section, "hospital" includes a nursing home medical or teaching institution for therapeutic purpose or other like institution.
6. Where the body of a person has been sent for post-mortem examination:
(a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or
(b) for pathological purposes the person competent under this Act to give authority for the removal of the eyes from such dead body may, if he has reason to believe that the eyes will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal for therapeutic purposes of the eyes of such deceased person provided that he is satisfied that the deceased person had pot expressed; before his death, any objection to his eyes being used for therapeutic purposes after his death or, where he had granted an authority for the use of his eyes for therapeutic purposes after his death such authority had not been revoked by him before his death.
7. After the removal of the eyes from the body of the deceased person, the registered medical practitioner (ophthalmic) shall take such steps for the preservation of the eyes so removed as may be prescribed.