•• r- I .... ,.,. • -~-. • •...,It '''''.V. "' I ., ....,•• W., . of Newspapers for India If ~ mill uIf ~ ~ r!)J Uf1tfi iD LA GAZE-I-I E DE L'ETAT DE PONDICHERY THE GAZETTE OF PONDICHERRY
PART-II i?!J)LJI.-/ G)QJfilf1 Ii/@ EXTRAORDINAIRE EXTRAORDINARY J./$'a;rr(JLD G'lu!DCV Publiee par Putyllshedby G)QJiTf] u1@ Autorite Autho,;ty _.§J&J: e- 1-45 Prix: Rs. 1-45 Price: Rs. 1-45 .,iT~} 4~ti1I)w Qcf"ww.raiJcia<illP6rDUl 1989 ~ ~5~L. IE 8aL ~No, 33 Pondlchery Mardi 8 Aout 1989 No, Pondlcherry Tuesday 8th August 1989 (17 Sravana 1911) GOVERNMENT OF PONDICHERRY HEALTH AND WELFARE DEPARTMENT (Health) (G.O. Ms. No. 45, dated 29th May 1989) NOTIFICATION " f- In exercise of the powers conferred by section 11 of the ,:.?ondicherry Eyes (Authority for Use for Therapeutic Purposes) Act, . 'i988 (Act No. 11 of 1988), the Lieutenant-Governor, Pondicherry hereby makes the foIJowing rules, namely ;- [ 621 ) \ \ r"---- -------- ---------------------------------~T,._
1. S_:lOrt title and commencement.- (1) These rules may be caned '~ the Pondicherry Eyes (Authority for Use for Therapeutic Pur poses.i ~~{hI, Rules, 1989. .:of -rm . (2) ,~hey shall come int 0 force from the date of their publicatioe -.~ rei 1n the official gazette. t nc ~. Dcfiniticns.::« In these rules, unless the context otherwse I~ req u Ires,- _'_ t'ex
(a) "A(:t." means the Pondicherry Eyes (Authority for Use i;a for Therapeutic Purposes) Act, 1988 (Act No. 11 of 1988)~ tde
(b) . "Board" means the Pondicherry Eyes Board constituted IFI under rule 9 of these rules ; I
(c) "Form" means a form annexed to these rules; 'iin '1;: . (d) "recognised eye bank" means an eye bank which is ,ito recognised by the Board; i
(e) "recognised hospital" means a hospital, medical college, -t- . nursmg home or other hke institution which is recognised by the l:hh . Board: and -:(~~.),-, , ~.L ';~UJ
(f) "section" means section of the Act. .at ,j·~OJ
3. Authority by donor for removal of eyes.- The authority to b:<t givenin writing under sub-section (1) of section 3 by any person to tbi~ effect that after his/her death, his/her eyes be used for therapeutic-ifr purposes, shall be in Form-I. :~j .~p _ '. 4~. Revocation of authority given for removal of eyes.- - Thc'i:~ subsequent revocation to be made in writing under sub-section (1) O'ft ..· section 3 by any person of an authonty given by him/her earlier for th;,'~ removal of his/her eyes after his/her death to be used for therapeuti.:.$ purpises, shall be in Form-2. jn ~.. IJ....:f:~~: ''''4';''''
5. Authorisation fur removal of eyes by a person lawfully i~:f:0 possession of the body of a deceased person.- The authority to re-i1~1 given in writing under sub-section (I) or sub-section (2) of section 3 ~'"$( a person law fully in. possession of the body of a deceased perso~iJ authorising the removal of the eyes from the body of such deceasci:~ person for their use for therapeutic purposes, shi ll be in Form-3. ;
0. J.t
6. Authority Jor removal of eyes in case of unclaimed. bodies ~:f. hospital or prison.- The authority to be given in writing unde,r sub:_t section (I) of sect ion 5 by the person incharge for the time being 1(£ if· " -;~ ..,j.< <\ Fl,a'i' M,,;Cr;J;r=: or eCznma ., ---- -- .._,...., .. ~ .. &. OL..) ------ !, the manacement or control of the hospital or prison or by an employee of such llosp:tal or prison. authorised in this behalf by th~ person incharse of, the management or control thereof, aut~~)fJsl.ng the · femov;l of the eyes from an unclaimed dead body lying In such I' hospital or prison, shall be in Form-d. "
7. Authority for removal of eye~ fro~n bo~i~s sent (or post~n10rtenl , examination.r+ The authority to be grven in writing under section 6 by · a competent person for the removal of the ~yes from the body of.a ~deceased person for 'their use for therapeutic purposes, shall be In 1 Form-S. ·10 ~ Explanation.- For the purposes of this rule, .a competent pe~son "in respect of the body of a person means the medical officer authorised .f: to perform the post-mortem examination on such dead body. )' J.. J' 8. Steps to be taken for the preservation of eyes. removed from ~thedead bodies.- (1) The eyes from the body of a deceased person ~-5hall be removable in accordance with the provisions of the Act for ~j]eir use for therapeutic purposes by a registered medical practitioner, authorised by the Board in this behalf, of a recognised hospital ,..onlv.! ' cl· ~ (2) The eye-ball or balls, as the case may be, shall, after removed :from the. body of a deceased person, be 'preserved in' appropriate ~~JreservatlOnas recommended by the recognised eye bank and forwarded ~ro the recognised eye bank or the recognised hospital for being utilised {as early as possible. . ttt~.(3) Every recognised eye bank/hospital .. shall maintain proper i,,-,cords of the eyes removed, received and utilised, in FOfm-6. All t:~~ords of sll~h eye bank/hospital shall be open to inspection by any ~;,ffi,cerautl.orised by t~e Boar~ at any time and the eye bank/hospitalrnall furnish, all such information as may be necessary to enable the' ~!.°l~ern,ment or the Board, as the case may be to discharge its ..P(" rgations. ' :1 r, (4). Such of the eyes removed and preserved as are not fit for t ,~erap~utlC p~rposes, shall be destroyed after approval by the :,.~"uthorJ~ed regIstered medical practitioner incharge of the concerned t. fye bank/ho~pital. i: .~""- , --=0----~------_---,..- . 9.. The Pondic/1errv Eyes Boar I' ,,_ dissolution, etc.- (I) Th'" 1 11 a, lt~ consutuua«, [unct ioai; ~ a Board to b 11d ere s l~ be constituted by the Governrnera following' menleb ~rasc thc1 Pondlcherry Eyes Boar j consisting of tbc c , name y :_
(i) The Director, of Health and Family Wclfare Services, Pondichcrry . . Chairman
(ii) The Medical Superintendent, General Hospital. Pondicherry
(iii) The Medical Superintendent, JIPMER. Poudicherry
(iv) The Professor of Ophthalmology, JIPMER, Pondicherry
(v) The Programme 0 ffi c e r (Ophthalmology), Directorate of Health and Family Welfare Services, Pondicherry Member " " "
(vi) A practising Ophthalmologist to be nominated by the Government A Social Worker to be nominated by the Government The Senior Specialist (Ophthalmology), General Hospital, Pondicherry Member- Secretary "
(vii) "
(viii)
(2) The Board sh1.11regulate its own procedure of functioning.
(3) It shall be the duty of the Board,-
(a) to screen the applications received fromd 'L
(i) an~ eye bank for the grant of recognition as recc- ~:: gnised eye bank; 'i
(ii) any hospital, medical college. nursing home or '~1 other like institution for the grant of recognition as 'ii· a recognised hospital fur the use of eyes fm'~ therapeutic purposes ; ~ ~
(iii) any registered medical practitioner of a reeu-:~ gnised eye bank or recognised hospital, seeking tOT ~~; the authorisation to remove eyes from the body .rt.~:, a deceased person or to deal with them in t~ ~.: manner provided by or under the Act or these r,· rules ; } <II' ---------------------------== _ .:_ ~ ••..... 1{ .. £.-1-1 Je UC L·t1AI--~~---~~-----.-------
(iv) any of the eye banks. hospitals, l!led~caJ.colleges, . ursinx homes or other like mstuuttcns and. ;~giste~'ed medical practitioners of recognised eye banks and recognised ho.~pitals, as referred to at serial numbers (I) to (III) above for any other purpose connected with the Act or these rules; and after having examined the applications to make such orders thereon either for the grant or refusal thereof, as it may deem fit;
(b) to suspend or withdraw recognition or authorisati?n, as the case may be or to revoke permission already granted In the case of such a recognised eye bank, recogn ised hospital or r igistercd medical practitioner as has ceased to fulfil any requirement of the Act or these rules or any of the conditions specified at the: time of the grant of such recognition, authorisation, or permission, after giving to such bank, or hospital or registered medical practitioner, a reasonable opportunity of showing cause against the proposed action and recording reasons in writing for its decision; and .,J' • I I ..... .....II .~L,.. J.,IJ,... ,_,_.-- .. 6L5 r-
(c) to _inspect the records of recognised eye banks and h~spltals with respect to the eyes removed, received and utili-ed and any other matter connected therewith and to receive ~ from them such information as may be necessary, to enable the f Go~er~men~ or the Board as the case may be, to discharge its ~ obligations Imposed by Or under the Act or these rules. -: (4) In. relation to other matters not otherwise expressly .~covered by .thls rule,. the decisions of the Board shall be valid -_after obtaining the prior approval of the Government ~ . ~ (5) A~y person aggrieved by any decision of the Board ; ma~ appeal 10 wntmg to the . Appellate Authority as . b - .:,.notified.. by the Government, within fifteen day f mhay d e . of receipt by him of the co of·h ys rO.m.t e ate decision, and the Appellate PYAuthotrj~y o~~~~l co~~unl~a~lI1g such r ;>erson and the Board an 0 t uni '. r grvmg such ::; .j dedsion thereon which shall be PfiPorlunity of being heard, give ana . c . (6 If .! ) at any urne the Government is satisfied that,- . . r ._ (a) the Board has failed wi: h . . [t";/ to .discharge the duties or to I e~ut reasonab!e cau.~e or excuse Lf, assIgned by or under these rulesf OI:orm functIons lmposed or... : ~ . (b) circumstances have ~ \:. IS .rendered Or may be so arisen that the :t duties or to perform .. ren.Jcred unable to \ functions imposed or Ill! .:1/. '-.. Boa rd discharge ussigned by or under these rules or it is otherwise expedient oc necessary to do s . it may by order dissolve the Board fur a peric d to be specified, which may be extended from time i time, and declare that the duties and functions of the Board under these rules shall for the period for which it~ has bees dissolved be dis-charged and performed by such persons or authoritie-s and subject to such restrictions as may be specified therein.
(7) The Government may make orders providing for ·tt such incidental and consequential matters as may appear to it to ," ~, be necessary for the purpose of this rule. ~' T....
10. Power to give direclions.-The Government may, if it { is of opinion that it is necessary so to do, give such directions' to the ~ Board in relation to any matter not covered by these rules, as it r may deem fit and the Board shall carry out these directions. .~;,~~ ,~ FORM-l (See rule 3) Name of the recognised Eye Bank/Hospital I. Authority by Donor for Removal of Eyes son/daughter/wife of .. aged years, residing at hereby express my free and frank consent for the removal of my eyes after my death from my body, by a registered medical practitioner for their use for therapeutic purposes. I have been explained and I understand all the aspects of such a donation. Place: Signa/lire: Date: Time: a.m.jp.m, ,f I' .... ~ 1,- "" ~\ I J 'I .! J
1. \Vitness (Next of kin)- Signature Name Relationship Address Telephone No., if any
2. \Vitness- Signature Name Address Telephone No., if any Name of the nearest hospital Name of the family physician, if any FORM-2 (See rule 4) Name of the recognised Eye Bank/Hospital I, t Revocation of Authority by Donor for Removal of Eyes f k ; I, , son/daughter/wife of t aged years, residing at ~ hereby withdraw my earlier authority expressed on & that my eyes be removed after my I, death for their use for therapeutic purposes. t )., Place: : Signature: t ~1, Date: \ ,Time: a.m.jp.m. V'-V -- - ------_._- ------- -------------------?~l
1. Witness (Next of kin)- ~:':1 Signature and date .'.-~ "'.~;.....Name ~ .,'~ M.~Rela tionship -~l- JAddress ,if 1Telephone ·No., if any ~f ~/t~ r! ~r 'i, '-"1)- ~h! 't?i, ,~ :~ .J!j' .~ i\::,~. _...,-:; ~~_',~~ -lW'~l: -~-~$
2. Witness- Signature and date Name Address Telephone No., if any FORM-3 (See rule 5) _'t'" i.;~- .~'- ~~ "2~ ;11 -~;~~1 ison/daughter/wife! of'~ -'.~years, ,;*~ :~\~residing at . . . . . . . . . . . . . . . . .. hereby give ~-~ my free and frank consent for the removal of the eyes from the dead ;~! body of .. . .. son/daughter/wife 0{_-~~ ;"1years, residing at .. .. ._-~ by a registered medical- practitioner .::~ ----1:a.~ for their use for therapeutic purposes. The said deceased person E ?t1:' .r;:" related to me as ... . . . . .. who expired on . . . . & .. <~~ _.')f-'-at . . . · .. a.m.jp.m. at (place '1;f~ of death). -~~~ •.r.!r- -_-~.,!I ,~. ; ~Y;F~ Name of the recognised Eye Bank/Hospital Authority for Removal of Eyes by a Person Lawfully -in Possession of the Body of a Deceased Person .. aged aged.. l:J ""'~..., ~•••• IV' I WV'.,W., ~I ---=-:__:_:__:.._--------------·-· .....~.i-Ne_ws_o_aQ_ers :_::fo:_:_r__:In_::d:___:\a _ _ •• 'OJ1·L... .... l.l.L. LlI:. L CIA! . " ~¥Ciiltrmlii·'IHWl_U~iiIIliIlWlilitii:il·j mw = ~_-._....._,.... :-:';:":;;oIIiolU'-::.l'1<l- _ ....... ;:-, •• , 629 , ',' " I give the above consent having reasons to believe to thebest of my knowledge that,- (I) I am in 'lawful possession of the body of the said deceased person and that the. body has not been entrusted to me solely for the purpose of mterment, crematIOn or other disp0sal;
(2) the said deceased person had not subsequently revoked the authorisation for the removal of his/her eyes after his/herdeath;
(3) -no near relation of the said deceased person has objection to the deceased person's eyes being used for therapeutic purposes;
(4) no objection was expressed by the said deceased person during the life time for giving such donation of eyes after his/her death; #
(5) no inquest is required to be held' in relation to the body of the deceased in pursuance of the provisions of any law for the -time being in force. Place: Signature;'"~. ;:.~ ~ ~ Date: -.' Time: a.m.jp.m, ,~ ....; ~-- 1. Witness (Next of kin)- r~ Signature,- ri Name J' t, --, 'H Relationship Address Telephone No. if any.-4'; r~ lr<, 'I"l 2 .~ . ), Witness- Signature Name Address Telephone No., if any , • ~~~~----------------------------~-------~~-t;f~ -~- r-~ . f' 1 ~~, ~ FORM-4 (See rule 6) • _ f Name of the Hospital/Prison .. .,. : Authority:for Removal of Eyes in case of Unclaimed Body in Hospihll or Prison I, hereby, declare that no facility/facility for cold storage of the dead body is available in the said hospital/prison and that half-anhour has/tWO hours have expired from the time of the death of the said deceased. I, hereby, give this authority after satisfying myself to the best of my kno" ledge and belief that the body has not been claimed by any of the near relatives of the said deceased and that no near relative of the said deceased is likely to come forward to claim the dead body. Signature: Place : Designation :. Date: Seal: . '.' -- \ \ \ -t .. FORM-5 (See rule 7) Name of the Hospital/Mortuary ... . ".. .. .. .. Authority for Rem~val of Eyes by a Medical Officer Authorised to Perform the Post-lllortenl Examination, from the. ~.odY of a Deceased Person sent for post-mortem ExamJna Jon for Medico-legal Pathological pW'poses T, Dr. son/daughter/wife of Thiru . . aged .. years, residing at .. presently working as .. at and being the medical' officer authorised to perform the post- mortem examination on 'S bodies of deceased persons hereby, authorise the removal of the ':. eyes, for their use for therapeutic purposes, from the body of ~ deceased . son/daughter/wife of 1) Thiru . . aged' years, residing at " . - who expired on :~ • . • . at a. m.rp. m. which has been ~ sent for post-mortem examination for .medico-Iegal/pathological ~ purposes and is presently under my custody. I have reason toi believe that the eyes of the said deceased" will not be required t for the purpose for which his/her body had been sent forJ post-mortem examination. • • .. .. ~ r.'I I, hereby give, this authority after satisfying myself to thej best of my knowledge and belief that,- I ti i;fI it: 'I~. Place: IDate: ti '1'\'.;r.11 ,~~ l~ ..;.<) (I) the deceased person had not expressed. before his/her death, any objection to his/her eyes being used for therapeutic purposes, after his/her death; or
(2) having granted an authority for the use of his/her eyes for therapeutic purposes after his/her death. such authority had not been revoked by him/her before his/her death. Signature; Designation: Seal:
1. , .,. -------- FORM-6 [See sub-rule (3) of rule 8 ] Name of the recognised Eye Bank/Hospital.,. Record of the Eyes Removed, Received and Utilised Sl. Date and time of Name, . age, No, ~ set of ther- Death of Removal of Receipt of deceased person eyes eyes )0 eye person bank/hospital
(1) (2a) (2b) (2c) (3) Address of the deceased person Cause of death No. of eyes received Address of the hospital from which eyes received
(5) (6) (7)(4) Mode of use --~,--------------------- Used for corneal grafting Long term preservation Distributed to other organisations ---. Destroyed (8a) (8b) (8c) (8d) (By order of the Lieutenant-Governor) Government Press (C) Directorate of Stationery and PONDICHERRY - 9 Printing