5. No authority for removal of eyes when body is entrusted to, person by another only for cremation, etc. No authority for the remove of eyes shall be given under section 3 in respect of the body of a deceased person by a person entrusted by another person with the body of a deceased person for the purpose only of its interment or cremation.
76. Authority for removal of eyes in case of unclaimed bodies. (1) In case of a dead body lying in an approved institution or prison and not claimed by any of the near relatives of the deceased person, the per sori in charge, for the time being, of the management or in control of the approved institution or prison or by an employee of such approved institution or person, authorised in this behalf by the person in charge of the management or control there of may give authority for removal of the eyes from the dead body in the form prescribed
(2) The authority under sub-section (1) shall not be given except after the expiry of
(i) half-an-hour from the time of death of the concerned person in cases where no facility for cold storage of the dead body is available in the approved institution or
(ii) two hours from the time of death of the concerned person in cases where facility for cold storage of the dead body is available in the approved institution or prison.
(3) No authority under sub-section (1) shall be given 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 clause; (ii) of sub-section (2), as the case may be.
6-A. Authority for removal of eyes from bodies sent for postmortem. Where the body of a person has been sent for postmortem 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 the postmortem examination, authorise the removal for therapeutic purposes, of the eyes of such deceased person; provided that his Satisfied that the deceased person had not expressed, before his death, any objection to his eyes being used for there poses after his death or, where he had granted an authority for the use his eyes for therapeutic purposes after his death such authority, had not been revoked by him before his death.
6-B. Preservation of eyes removed from dead bodies. After the removal of the eyes from the dead body, the registered radical practitioner (ophthalmic) shall, take such steps for the preservation of the eyes so removed as may be prescribed.]
7. Saving. (1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body, or any part thereof, of a deceased person which would have been lawful if this Act had not been passed.
8[(2) Neither the grant of any authority for the removal of eyes from the dead body in accordance with the provisions of this Act nor the removal of eyes from the dead body in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code, 1860.]
7-A. Protection of action taken in good faith. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done, under this Act.]
8. Repeal. The Punjab Corneal Grafting Act, 1963 (Punjab Act 13 of 1963), in its application to the State of Haryana, is hereby repealed.
9[9. Power to make rules. (1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the form of authority under section 6;
(b) manner of preservation of removed eyes, under section 6-B;
(c) any other matter which is required to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, the House agrees in making any modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule.]