The Punjab Corneal Grafting Act, 1963

Act 13 of 1963] CORNEAL GRAFTING THE PUNJAB CORNEAL GRAFTING ACT, 1963 (PUNJAB AсT No. 13 OF 1973). Arrangement of sections. SECTIONS. 1. Short title and extent. 2. Definitions. 3. Removal of eyes of deceased persons. 489 4. Authority when not to be given. 5. No authority for removal of eyes when body is entrust- ed to persons by another only for cremation, etc. 6. Authority to remove eyes, when body is lying in approved institutions. 7. Savings. Act 13 of 1963] CoRNEAL GRAFTING 491 'THE PUNJAB CORNEAL GRAFTING ACT, 1963 PUNJAB Аст 13 ОF 1963 [Received the assent of the Governor of Punjab on the 14th April, 1963 and was first published for general information in the PUNJAB GOVERNMENT GAZETTE (Éxtraordinary), dated the 16th April, 1963]. 1 2 3 4 Year No. Short title Whether affected by Legislation 1963 13 The Punjab Corneal Grafting Act, 1963 An Act to make provision with respect to the use oj eyes of deceased persons for therapeutic purposes. BE it enacted by the Legislature of the State of Punjab in the Fourteenth Year of the Republic of India as follows :- 1. (1) This Act may be called the Punjab short title and extent. Corneal Grafting Act, 1963. (2) It extends to the whole of the State of Punjab. 2. In this Act, unless the context otherwise Definitions. requires,- (a) "approved institution" means a hospital or a medical or teaching institution for thera- peutic 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, 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1962, page 1599. 492 CORNEAL GRAFTING [Act 13 of 1963 Removal of eyes of deceased per- son. husband, parent, son, daughter, brother and sister, and includes any other person who is related to the deceased- (i) by lineal or collateral consanguinity with- in three degrees in lineal relationship and six degrees in collateral relation- ship, or (ii) by marriage either with the deceased or with any relative specificaliy men- tioned in this clause or with any other relative within the aforesaid degrees. Explanation.-The expression "lineal ant col- lateral consanguinity" shall have the meanings assigned to them respectively in sections 25 and 26 of the Indian Succession Act, 1925; (c) "registered medical practitioner" means a practitioner registered with the Punjab Medical Council or the Medical Council of India. 3. (1) If any person, either in writing at any time or orally in the presence of two or more witnesses, during his last illness, has expressed a 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 he has reason to believe that the request was subsequently withdrawn, authorise the removal of the eyes from the body for use 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 authorise 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 objec- tion to his eyes being so dealt with after his death and had not withdrawn such ob- jection; or Act 13 of 1963] cCORNEAL GRAFTING 493 (b) that a near relative of the deceased objects to the deceased's eyes being so dealt with. (3) An authority given under the provisions of this section in respect of any deceased person shall be sufficient warrant for the removal of the eyes from the body and their use for the purpose aforesaid; but no such removal shall be effected except by a registered medical practitioner working in an approved insti- tution who had satisfied himself by a personal exami- nation of the body that life is extinct. 4. The authority for the removal of the eyes not Authority when be given under section 3 if the person empowered to not to be given. give such authority has reason to believe that an in- quest may be required to be held on the body in accord- ance with the provisions of any law for the time being in force in that behalf. 5. No authority for the removal of eyes shall be No authority for removal of eyes given under section 3 in respect of the body of a wen bdA ts deceased person by a person entrusted by another entrusted to person with the body of a deceased person for the Prsons by an-other only for purpose only of its interment or cremation. cremation, etc. 6. In the case of a body lying in an approved Authority to remove eyes, institution any authority for removal of eyes under when body is this Act may be given on behalf of the person having ne in apprelying approv- the control or management of the approved institu- tion by any officer or person designated in that behalf by the first mentioned person. 7. (1) Nothing in the foregoing provisions of Saving. 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. (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 sec- tion 297 of the Indian Penal Code.