The Andhra Pradesh Corneal Grafting (Amendment) Act, 1986

by | Jun 21, 2022 | lawsofindia

Keyword(s):
Approved Institution, Near Relative, Recognised, Registered medical
Practitioner, Unclaimed Body

The-Andhra-Pradesh-Corneal-Grafting-Amendment-Act-1986Download

‘An Act to aillend the Andhra Pradesh Corneal Graft-
ing Act, 1963.
Be it enacted by thc Legislative Assembly of the
State of Andhra Pridesh in the Thirty-seventh Year
of the Republic of India as follows :-
I. This Act may be calIcd the Andhra Pradesh ~~~~,i~l~,
Corneal Grafting (Amendment) Act, 1986.

  1. In the Andhra Pradesb Corneal Grafting ~msn&msnt
    ofsection 2,
    (hereinefter referred to as the principal Acr 21of
    AG~,1963
    A&, in scctioa 2, for clause (b), thc following ciause 1963.
    shall. be substitutcd, namely :-
    “(6) “near relative” means any of the foflowitlg
    5urvivir.g relatives of the deceased, nanzcly, spousc,
    parent, son, daughter, brother or sister.”
    of section 3. , !
    Amendmen;
  2. In sectiori 3 of rhe principal Act-
    (i) in sub-section (I), –
    (a) in clause (a), for the words ‘cauthoriso
    in writing the removal of the eyes”, the words “allow
    the removal of the eyes” shail bc substituted ;
    (b) in clause (b), fur the words “authorise
    in writing the removal of the eyes” the words, “allow
    the removal of thc eyes” shall be substituted ;
    (ii) in sub-section (2-1, for the words “authorise
    in writing the removal of the eqes” the words. “aIlow
    the removal of the eyes” shall be substituted;
  3. . In section 6 of t,he principal Act, for the Amonbehl
    portion beginning with the words “but where any ordona
    near relative” and endipg with the .words !’for
    *Rpccivedthe i~ssc.~tor’tt~sGovcrrio.r on 111; 24th April, 1986. State-
    m’cnt ofObj-xtsagd Aeasons, pl:arc sc5 the Andhro Prudes11 Gn:ette, Part,
    IV-A, Extraordinary, dated the Is1 Aptif, 1956, nl page 6.such removal”, the following .shdl be substituted,
    namely :-
    I
    “unless any near relative of the deceased who
    is present in the instihiion at the time of the death
    or who is available in the city, town or village, where
    the institution is situated, objects, within a period of
    two hours immediately after the death, far . such
    removal.”
  4. After section 6 of the ptjncipal Act, the
    nmv swth
    .. ….. …,. .. .
    , 6A. (I) In the case of a dead body lying in
    6-A,&B,CCfollowing sections shaU be inserted, namel
  5. fmrcrnovalnf any ofthe near reig-tivesof the deceased
  6. .,Auttlorily a hospital or prjsmz and not claitned by …… . . … . . . . . .
  7. .-.
  8. ,- ,
  9. -.. .
  10. of the eyes from the dead body which
  11. +pelbSQn,the authority for the removal
  12. bodies ~n
  13. hosprtsls or
  14. pnsons.
  15. , ,
  16. so remains unclaimed may be given,
  17. subject to the provisions of sub-see-
  18. I
  19. ,.
  20. .. –
  21. _ . .-
  22. tion (2), in the prescribed form, bythe person-in-charge,
  23. for the time biing of thc mari3gcmellt of conrro!
  24. of the hospital or prison or by an employee of such
  25. hospital or prison, authorised in this behalf hjt rhc
  26. person-in-charge of the ~nanage~ncntor control thaccot:
  27. (2) The authority referrcd to in sub-section(1)
  28. shall.not be given cxcept after the expiry oi-
  29. (i) half-an-hour from ths tin~cof death of
  30. the concerned person, in cases where no ficility for
  31. cold storage of the dead body is available in thl: .
  32. hospital or prison ;or
  33. (ii) two hours from the time ofthe death of
  34. the conccrncd person, i.1 caszs where fdcihty for cold
  35. &rage OF he dcad body is available in the hospital
  36. or prison.
  37. . .
  38. (3) No authority shalt be. given under sub-
  39. . ,-.
  40. :.:.–‘ : — section (11, if the person empowered to give such
  41. authority has reason tobelieve that any near xelative
  42. of the deceased is likely to claim the dead body . .,.. . . . … . …, …. . .. , ….. .

,

.- –
.. –
j :-
..
:,
I
eventhaugh such near relativc has .not come forward
to claim the body of the deceased within the time
iWcjfied in clause (i) or, as the case may b.: lau use (ii)
of sub-section (2).
1389-wr!
ExpJanation.–For the purposes of this section
b’hospital”includcs a nursing homc, medical or teach-
ing irzstitution for therapeutic purposes or other like
institution,
6 Where the body of a person has been
Au,,,,it, ,, sent for post-mortemexarninafion
TW~OM~of
eyes froin
mi=ant
for postmr-
tern taamina-
tian for mc-
dim legal or
p;ltilologkAl
purposes.
(a) for a medico-legal purposes by reason of
the death of such person having been caused by acci-
dent or any other umiaturat cause; or
Cb) for pathoIogicaI purposcs, the ‘ person
mrnpeterzt under this Act to give ~tuthorityfor ihe
removal of the eyes from such dead body my, if he
has reason to believe that the eyes will not be required
for the purposes far which such body has been sent
for post-modem examination, authorise the removal
far therapeutic purposes of the eyes of such deceased
person provided that hc is satisfied that the deceased
person .had not expressed, before his death, any
objection to his eyes being used for therapeutic pur-
poses after his dcath or, where he had granted an
authority for the use of his eyes for therapeutic
purposes after his death, such authority had aot been
revoked by hin~before his death.
6-C. After the removal of eyes from the bod:
ofthc dcceased person, the registere
Pxw~li~nmedical pra~titimer (Opthalmic) shall
ofeyes re
movsd Zfom
takc such steps for the presewation of
1
prowtion
of action
ra kenin
gws failh.
proceeding shall lie agahst my person
foranything which is in good faith
done or intended to be done under this
Ad’.
dead Mia. the eyes so rcnzoved as may be pres-
cribed.

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