The Gujarat Corneal Grafting Act, 1957

Gujarat Corneal Grafting Act, 1957 1957 : Bom. XXXIII] GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT BOMBAY ACT NO. XXXIII OF 1957 THE GUJARAT CORNEAL GRAFTING ACT, 1957 (As modified upto the 31st May, 2012) Gujarat Corneal Grafting Act, 1957 1957 : Bom. XXXIII] THE GUJARAT CORNEAL GRAFTING ACT, 1957. .................................... CONTENTS PREAMBLE PAGE NO. SECTIONS. 1. Short title, extent and commencement. 1 2. Definitions. 1 3. Removal of eyes of deceased person. 1 4. Authority when not to be given. 2 5. No authority for removal of eyes when body in entrusted to 2 person by another only for cremation, etc. 6. Authority or remove eyes, when body is lying in approved 2 institution. 7. Saving. 2 Gujarat Corneal Grafting Act, 1957 1957 : Bom. XXXIII] BOMBAY ACT No. XXXIII OF 1957.1 [THE GUJARAT CORNEAL GRAFTING ACT, 1957.] [4 th September, 1957] An Act to make provision with respect to the use of eyes of decreased persons for the therapeutic purposes ; WHEREAS it is expedient to make provision with respect to the use of eyes of deceased persons for therapeutic purposes; It is hereby enacted in the Eighth year of the Republic of India as follows :– 1. (1) This Act may be called the $[Gujarat] Corneal Grafting Act, 1957. Short title, extent and commencement. (2) It extends to the whole of the State of Bombay. (3) It shall come into force on such date and in such area or areas as the State Government may, by notification in the Official Gazette, specify in this behalf. Definitions. 2. In this Act, unless the context otherwise requires- (a) “approved institution” means a hospital or a medical or teaching institution for therapeutic purposes approved by the State Government for the purposes of this Act ; (b) “near relative” means any of the following relatives of the deceased, namely, a wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the deceased (a) by lineal or collateral consanguinity within three degrees in lineal relationship and six degrees in collateral relationship, or (b) by marriage either with the deceased or with any relative specifically mentioned in this clause or with any other relative within aforesaid degrees. Explanation.-The expressions “Lineal and Collateral consanguinity” shall have the meanings assigned to them in the Indian Succession Act, 1925. (c) “registered medical practitioner” means a practitioner practicing any system of medicine and recognized as a registered medical practitioner under any law for the time being in force in India. Gujarat Corneal Grafting Act, 1957 1957 : Bom. XXXIII] 3. (1) If any person either in writing at any time, or orally in the presence of Removal of eyes of no or more witnesses during his last illness, has expressed a request deceased person. that his eyes be for therapeutic purposes after his death, the person lawfully in possession of his after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorize the removal of the eyes from the body for those purposes. (2) Without prejudice to the provisions of sub-section (1), the person lawfully in possession of the body of a deceased person may authorize the removal of the eyes from the body for the purposes aforesaid unless that person has reason to believe- (a) that the deceased had expressed an objection to his eyes being so dealt with after his death, and had not withdrawn such objection ; or (b) that a near relative of the deceased objects to the deceased’s eyes be so dealt with. (3) An authority given under the provisions of this section in respect of an deceased person shall be sufficient warrant for the removal of the eyes from the body and their use for the purposes aforesaid ; but no such removal shall be effect except by a registered medical practitioner working in an approved institution who has satisfied himself by a personal examination of the body that the is extinct. Authority when not 4. The authority for the removal of the eyes shall not be given under section if the to be given. person empowered to give such authority has reason to believe that it inquest may be required to be held on the body in accordance with the provisions any law for the time being in force in that behalf. No authority for 5. No authority for the removal of eyes shall be given under section 3 in response removal of eyes of the body of a deceased person by a person entrusted by another person with when body is entrusted to person the body of a deceased person for the purpose only of its interment or by another only for cremation. cremation, etc. 6. In the case of a body lying in an approved institution any authority for removed authority to of eyes under this Act may be given on behalf of the person having the control remove eyes, when body is lying in or management of the approved institution by any officer or person designated approved in that behalf by the first mentioned person. institution. Saving 7. (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 Gujarat Corneal Grafting Act, 1957 1957 : Bom. XXXIII] deceased person which would have been lawful if this Act had not been passed. (2) Any authority for the removal of eyes given in accordance with the provisions of this Act shall not be deemed to be contravention of the provisions of section 297 of the Indian Penal Code. ---------------- 1. For Statement of Objects and Reason, see Bombay Government Gazette, 1957, Part V, page 142. $ The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011.