(1) In the case of 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 the removal of the eyes 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-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-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 such time as may be prescribed.
(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.
Explanation:- For the purpose of this section. “hospital” includes a nursing home, medical or teaching institution for therapeutic purposes or other like institution.
Authority for removal of eyes from bodies sent for post-mortem examination for medico-legal or pathological purposes.
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 not 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he had granted an authority for the use of his eyes for therapeutic purposes after his death, such authority had not been revoked by him before his death.
309 Removal of eyes to be made by registered medical practitioner and in the presence of police officer.
7. No removal of eyes under this Act shall be made,-
(i) by any person other than a registered medical practitioner who had satisfied himself, before such removal, by a personal examination of the body from which eyes are to be removed, that life is extinct in such body; and
(ii) except in the presence of a police officer not below the rank of a Sub- Inspector of Police.
Preservation and deposit of eyes removed from dead bodies.
8. After the removal of the eyes from the body of a deceased person, the registered medical practitioner shall take such steps as may be prescribed for the preservation of the eyes so removed and deposit the same in such eye banks as may be specified in the rules.
Saving.