(1) This Act may be called the Rajasthan Corneal Grafting Act, 1982. (2) It extends to the whole of the State of Rajasthan. (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, appoint in this behalf and different dates may be
In this Act. unless the context otherwise require:- (a) approved, institution means a hospital or a medical teaching or research institution for therapeutic purposes approved by tire State Government for the purposes of this Act; (b) near relative in relation to a deceased person means any of following relatives of the deceased. namely, wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the deceased— (i) by lineal or collateral consanguinity within six degrees in lineal or collateral relationship; or (ii) by marriage either with the deceased or with any relative specially mentioned in this clause or with any other relative within aforesaid degrees: (c) registered medical practitioner (ophthalmic)” means medical practitioner who possesses any recognised medical qualifications 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 State Government in this behalf and who is enrolled on a State Medical Register as defined in clause (k) of the said section: (d) “unclaimed body means the body of a deceased person who has no near relative or which has not been claimed by any of his near relatives within such time as may be prescribed
(1) If at any time, any person has expressed a request in writing, 2 in the presence of two or more witnesses of whom at least one shall be a near relative of such person that his eyes be used for therapeutic or research purposes after his death, the person lawfully in possession of his body after his death, may, unless such request had been subsequently withdrawn, authorise in writing the removal of the eyes from the body for the said purposes. (2) Where any such request has been expressed by any person orally in the presence of two or more witnesses during his last illness, the person lawfully, in possession of the body of the deceased may, unless he has reason to believe that the request was subsequently withdraws, authorise in writing the removal of the eyes from the body for the purposes aforesaid. 3. without prejudice to the provisions of sub-sections (1) and (2), the person lawfully in possession of the body of a deceased person may authorise in writing the removal of the eyes from the body for the purposes aforesaid unless he 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 being so dealt with. 4. The eyes of a still-born child may be removed for the aforesaid purposes with the consent of his parent or her parent, as the case may be. 5. 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 of the deceased person and their use for the purposes aforesaid: but not such removal shall be effected except by a 1 registered medical practitioner (ophthalmic) who has satisfied himself by a personal examination of the body that life is extinct. 2 6After the removal of the eyes from the body of the deceased person, the registered medical practitioner (Ophthalmic) shall take such steps for the preservation of the eyes so removed as may be prescribed
Where the body of a person has been sent for post- mortem 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 post-mortem examination, authorise the removal for therapeutic purposes of the eyes of such deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to his eyes being used for therapeutic purposes after his death or, where he had granted an authority for the use of his eyes for therapeutic purposes after his death, such authority' had not been revoked by him before his death.
- Authority for the removal of the eyes shall not be given under section3:— (i) if the person empowered to give such authority has reason to believe that an inquest may be required to be held on the body of the deceased in accordance with the provisions of any law for the time being in force; or (ii) by a person entrusted by another person with the body of the deceased person for the purpose only of its interment or cremation: or (iii) after the body has been removed to the burial or cremation ground for the purpose of burial or cremation
In the case of an unclaimed body lying in an approved institution, an authority for removal of eves under this Act may be given in such manner as may be prescribed by the person having the control or management of such institution, or by any other person authorised by him in this behalf
An authority for removal of eyes given under this Act shall, immediately after the death of the deceased, be sent to the nearest approved institution and the person having the control or management of the approved institution or an officer authorised by him in this behalf shall, immediately on receipt of such authority, arrange for the removal of the eyes from the body of the deceased for use for the purposes of this Act
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
(1) The State Government may by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act. (2) all rules made under this Act shall be laid as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which they are so laid, or of the session immediately following the House of the State Legislature makes any modification in any of such rules. or resolves that any such rule should not be made, such 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 annulment shall be without prejudice to the validity of anything previously done thereunder.
(1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body or any part there 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 a contravention of the provisions of section 297 of the Indian Penal Code. 1860 Central Act 45 of 1860