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State of Madhya Pradesh - Section

Section 3 in The M.P. Kaneenika Upropan (Corneal Grafting) Adhiniyam, 1982

3. Authority for removal of eyes of deceased persons.

(1)If any person had, either in writing or orally in the presence of two or more witnesses atleast one of whom is a near relative, at any time before his death expressed an unequivocal request that his eyes be used for therapeutic purposes after his death, the person lawfully in possession of his body after his death may, unless such person has reason to believe that the request aforesaid was subsequently withdrawn in writing or orally in the presence of two witnesses, before his death by the person making such request, authorise the removal of the eyes from the dead body of the person making such request for therapeutic purposes.
(2)Without prejudice to the provisions of sub-section (1) the person lawfully in possession of the body of a deceased person may authorise the removal of the eyes, from the dead body for therapeutic purposes, unless he has reason to believe :-
(a)that the deceased persons has expressed before his death, an objection to his eyes being so dealt with after his death and had not withdrawn such objections; or
(b)that a near relative of the deceased person has objections to the eyes of the deceased person being so dealt with except where the person before his death had expressed such intention as is specified in sub-section (1).
(3)An authority given under this section in respect of any deceased person shall be sufficient warrant for the removal of the eyes from the body of the deceased person and its use for therapeutic purposes.