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TRIPURA ACT NO. 7 OF 1988. THE TRIPURA EYES
( AUTHORITY FOR USE FOR THERAPEUTIC PURPOSFS ) ACT., 1988.
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Published in the Extraordinary Issue of Tripura Gazette Agartalo, Friday. February 16, 1990 A. D. Magha 27, 1911 S. E.
Government of Tripura
Law Department
_·0.F.1O(2)-LAW-/LE,90 Dated, Agartala, the lSthFeb. 1990. The following Act of the Tripura Legislative Assembly received assent of the Pre ident on 17-3-1988 and is hereby published for general information.
N.G,DAS
L. R. & Secretary, Law.
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TRIPURA ACT NO. 7 OF. 1988.
THE TRIPURA EYES (AUTHORITY FOR USE FOR
THERAPEUTIC PURPOSES ACT) 1988. A
ACT to provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith.
Be it enacted by the Tripura Legislative Assembly in the Thirtysixth Year of the Republic of India as follows :-
Short title 1. (1) This Act may be called the Tripura E yes (Authority For Use For extent and Therapeutic Purposes) Act, 1988.
commencement
(2) It extends to the whole of the State of Tripura.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint., Definitions 2. In this Act, unless the context otherwise requires,-
(a) "near relative", in relation to a deceased persons, means any person related to him as spouse, parent, son, doughter, brother or sister and includes any other person who is related to him-·
(i) by lineal consanguinity within three degrees or by collateral con anguinity within six degrees; or (ii) by marriage with any of the relatives aforesaid. Explanati n- The expressions "lineal consanguimty and collateral consanguinity" shall have the meanings respectively assigned to them in the Indian Succession Act, 1925 and deg recs if relationship shall be computed in the manner laid down in that Act:
(b , "prescribed" means prescribed by rules made under this Act:
(c) "registered medical practitioner (Ophthalmic)" means a medical practitioner who possess any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, and possesses a post-graduate qualification in Ophthalmology or a Certificate showing that he had received training in enucleation procedure in the Ophthalmic Department of a hospital or teaching institution for therapeutic purposes approved by the <::tate Government in this behalf and who is enrolled on a State Medical R gister as defined in clause (k) of the said section:
( 3 ) (d) "State Government" means the Government of Tripura.
3. (1) If any person had, either in "writing or orally, in the presence of two more witnesses (at least one of whom is a neat relative of such person) unequivocally authorised, at any time before his death, the use of his eyes, after his death, for therapeutic purposes (such person being hereafter in this sub- ection referred to as the donor), the person lawfully in possession of the dead body of the donor shll, unless he has any reason to believe that the donor had subseqently revoked the authorisation aforesaid, grant to a registered medical pactitioner (Optoalmic) l all reasonable facilities for the removal, for therapeutic purposes, of the eyes from the dead body of the donor.
(2) Where no such authorisation as is referred to in sub-section (I) was made by any person before his death but no objection was also expressed by such person to his eyes being used after his death for therapeutic purposes,
the person lawfully in posseeion of the body of the deceased person may,
unless he has reason to believe that any near relative of the deceased person has
objection to theJ deceased person's eyes being used for therapeutic purposes,
authorise the removal of the eyes of the deceased person for their use for
therapeutic purposes.
(3) The authority given under sub-section (I) or, as the case may be,
under sub-section (2), shall be sufficient warant for the removal, for therapeutic purposes, of the eyes from the body of the deceased person: but no such removal shall be made by any person other than a registered medical practitioner (Opthalmic) who had satisfied himself, before such removal, by a per sonal examination of the body from which eyes are to be removed, life is lof extinct in such body.
es aot to be
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4. (1) No facilities shall be granted under sub-section (1) of section 3 and no authority shall be given under sub-section (2) of that section for the removal of eyes from the body of a deceased person if the person required to grant such facilities, or empowered to be given such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force.
(2) No authority for the removal of eyes from the body of a deceased j erson shall be given by a person to whom such body has been entrusted s.olelyfor the purpose of internment cremation, or other disposal.
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Authority for 5. (1) In case of a dead body lying in a hospital or prison and not removal of eyes •claimed by any of the near relatives of the deceased person, the authority for in case of un-
the removal of the eyes from the dead body whic'i so re nains unclaimed claimed bodies
may be given, subject to the provision of sub-section (:!). in the pre cribed in hospital or
form, by the person in charge, for the time being. of the management prison
or control of the hospital or prison or by an em 10. of such hospital or prison, authorised in this behalf by the person in h rge 0 the management 011 contrel thereof.
(2) The authority referred to all not be given
except after the expiry of-
(i) half an hour from the time of in cases where no facility for cold s ora", 0 hospital or prison; or ( ii ) to hours from - rned person, in
cases where facility for col ailable in the
hospital or prison.
Explanation-For the purposes "hospital" includes a nursing home, medical or a hing institution
purposes or other like institution. Authority for
6. Where the body of person b - vOrilliJortem examina- removal of eyes
tion- from bodies sent
(a) for medico-legal purposes by ouch person for postmortom
having been caused by accident or any 0 er UU••arurar examination
(b) for pathological purposes, far medicolegal
or pathological
the person competent under this Act to gi 'e 0 moval of the purpose.
eyes from such dead body may, if be has reason to e le e he eyes will not be required for the puspose for which u - een sent for postmortem examination, authorised the removal fo purposes, of the eyes of such deceased person provided that isfied that the deceased person had not expressed. before his dea . a 0 jeetion to his eyes being used for therapeutic purposes after his death Of, here he had granted an authority for the use of his eyes for theca purposes after his death, such authority his not been revoked by him before hi death. Preset vation of
i, After the removal of the yee from the b dy of the de-eased person, eyes removed
from dead the registered medical practitioner (Ophthalmic) shall take such steps for the bodies. preservation of the eyes so removed as may be prescribed.
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8. (1) Nothing in the foregoing provision of this Act shall be construed as rendering unlawful any dealing with any body or with any part of the body of a deceased person if such dealing would have been lawful if this Act had not been passed.
(2) Neither the grant of any facility or authority for the removal of eyes from the body of a deceased person in accordance with the provisions of this Act nor the removal of eyes from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code.
9. No suit, prosecution or other legal proceeding shall lie against any person for any thing which is in good ~faith done or intended to be done under this Act.
10. (1) The State Government may, by notification in the official Gazette. make rules for carrying out the provisions of this Act.
(2) In particular and without prej ud ice to the generality of the fore- going power, such rules may provide for all or any of the following matters. namely r-
(a) the from in which removal of eyes from unclaimed bodies may be authorised, as required by seetion 5 ;
(b) the preservation of removed eyes, as required by section 7 ;
(c) the publicity which may b~ given to the provisions and objects of this Act;
(d) 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 Tripura Legislative Assembly, while it is i.
session, for a total period of fourteen 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 sessions afore-
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said, the Tripura Legislative Assembly agrees in making any modification in the rule or tha t the rule should not be made, the rules 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 annulment shall be without prejudice to the validity of anything previously done under that rule.
,
. G.DAS
L. R. & SECRET RY, LAW
Printed by The Manager Tripura Govt. Press Agartala, Tripura.
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• .. • . TGPA-17-2-90-200
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