Section 3 in Tamil Nadu Corneal Grafting Act, 1960
3. Removal of the eyes of deceased persons.
(1)If any person, either in writing at any time or orally in the presence of turn or more persons during his last illness, has expressed an unequivocal request that his eye or eyes be used for therapeutic purposes after his death, the party lawfully in possession of his body after his death, may, unless the said party has reason to believe that the request was subsequently withdrawn, authorize the removal of the eye or eyes from the body for use for those purposes.(2)Without prejudice to sub-section (1), the party lawfully in possession of the body of a deceased person may authorize the removal of the eye or eyes from the body for the purposes aforesaid, unless that party has reason to believe-(a)that the deceased has expressed an objection to his eye or eyes being so dealt with after his death, and had not withdrawn it: or(b)that the surviving spouse or any near relative of the deceased objects to the eye or eyes of the deceased being so dealt with.(3)An authority given under this Act in respect of any deceased person shall be sufficient warrant for the removal of the eye or eyes from the body and its or their use for the purposes aforesaid; but no such removal shall be effected except by a medical officer possessing the prescribed qualifications and attached to, or employed in, an approved institution, who must have satisfied himself by a personal examination of the body that life is extinct and the eye or eyes shall, after such removal, be handed over by such medical officer to the nearest approved institution.(4)(a)No authority for the removal of the eye or eyes under this Act shall be given if the party empowered to give such authority has reason to believe that an inquest may be required to be held on the body.(b)Any person knowing, or having reason to believe, that an inquest maybe required to be held over a dead body gives or abets the giving of any authority under this Act shall, on conviction before a Magistrate, be liable to fine which may extend to two hundred rupees.(5)No authority shall be given under this Act in respect of the body of a deceased person by any person who has been entrusted with the body solely for the purpose of its internment, burial, cremation or disposal otherwise.(6)In the case of a body lying in a hospital, prison, nursing home or institution, and not claimed by any of the near relatives of the deceased within such lime as may be prescribed, an authority under this Act may be given by the person having the control and management of the hospital, prison, nursing home or institution of by any person designated by the first mentioned person in that behalf.(7)Nothing in this Act shall be construed as rendering unlawful any dealing with the body of a deceased person, or any part thereof, which would have been lawful if this Act had not been passed.
