THE KERALA CORNEAL GRAFTING ACT, 1963
(Act I 7 of 1963)
Pt camble.
Sections.
CoNTENn
I. !::lh01 t t1tle, extent aud commencement.
2. Defimtiom.
3. Retnoval ol the eye~ of dccea~eJ persom.
4. Powet to make 1 ules. Schedule.
ACT 17 OF 1963"'
THE KEH.ALA CORNEAL GRAFTING ACT, 1963
An Act to ma{,c proviswn wtth respect to the usc oj tfte eye~ oj deceaud person 5 for therapeutic purposes in the State ol Kerala.
Prcamblc.-WHEREAS it is e'>.pcdteut to make provision with 1 espect to the use of the eyes of deceased per~om fot the1 J.peutlc purpo~c~ in the .State of Ke1 J.!<.l.
B~ 1t enacted in the Fourteenth Yca1 of the Republic o! lndic.1. J.~ follows:-
1. Short tztle, extwt and commencement.-( I) This Act lllJ.Y be called the K.erala C01neal G1 aftmg Act, 1963.
(2) It extend~ to the whole of the St,ite ol Keta!J..
(3) It shc.~.II come into force 011 ~uch d..ttc as the Govcrnmeut lllJ.Y, by notification m the Gazette, J.ppoint.
2. Dcfuutions.-Iu tlu~ Act, unlc~~ the context othcrwi~c teyuire~,-
(a) "appwved institutiOn" mean~ an institutlou ~pecitied in the Schedule and mdudes any other in~titutton declared by the Government by notificatiOn m the Gazette, to be an approved institu- tion for the purpo~es of this Act ,
(b) "near relative " means any of the following relatives of the deceased, namely, a wife, husband, parent, son, daughter, brother or sister and includes any othe1 per~on who is related to the deceased
(z) by lineal consanguimty within tluee degrees or by collateral consJ.n· guinity within six degree~ or (it) by marriage with any of the relative~ aforesaid.
• Received the assent of the Govemor on 15th March 1963 J.nJ publi~hed in the Gazette Extraordina1 y, dated 16th March, 1963.
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86' \ Explanation.-The expressions " lineal consanguinity " and
" collateral consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925 (Central Act 39 of 1925), and deg- rees of relationship shall be computed m the manner laid down in that Act.
(c) " prescribed" means prescribed by rules made under this Act.
3. Removal of the eyes of deceased persons.-( 1) If any person, either m writing at any time or orally m the presence of two or more persons during his last illness, has expressed an unequivocal request that his eye or eyes be used for therapeutic purposes after his death, the party lawfully in possesswn of his body after h1s death, may, unless, the said party has 1eason to beheve that the request was subsequently with- drawn, authorise the removal of the eye or eyes from the body for use for those purposes.
(2) W1thout prejudice to sub-section (I), the party lawfully in possession of the body of a deceased person may authorise the removal of the eye or eyes from the body for the purposes aforesaid unless that party has reason to believe :-
(a) that the deceased had expressed an objection to his eye or eyes bem15 so dealt with after his death, and had not withdrawn It; or
(b) that the surv1vmg spouse or any near 1elative of the deceased objects to the eye or eyes of the deceased bemg so dealt w1th.
(3) An authority given under this Act in respect of any deceased person shall be sufficient warrant fm the removal of the eye or eyes from the body and its or their use for the purposes aforesaid ; but no such removal shall be effected except by a med1cal officer possessing the prescnbed quahfications and attached to, or employed in, an approved institution, who must have satisfied lumself by a personal exammatwn of the body that hfe 1s extinct and the eye or eyes shall afte1 such removal be handed over by such med1cal officer to the nearest approved mstitut10n.
(4) (a) No authority for the removal of the eye or eyes under this Act shall be g1ven 1f the party empowered to give such authonty has reason to believe that an inquest may be required to be held on the body.
(b) Any person who, knowing or havmg reason to believe that an mquest may be required to be held over a dead body, g1ves or abets the g1vmg of any authority under this Act, shall on conviction before a Magistrate, be liable to fine which may extend to two hundred ru- pees.
(5) No authority shall be given under this Act in respect of the body of a deceased person by any person who has been entrusted with the body solely for the purpose of its interment, burial, cremation or disposal otherwise.
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(6) In the case of a body lying in a hospital, prison, nursing home or mstitutwn, and not claimed by any of the near relatives of the deceased within such time as may be prescribed, an authority under this Act may be given by the person havmg the control and manage- ment of the hospital, prison, nursing home or institution or by any person designated by the first mentioned person in that behalf.
(7) Nothing in this Act shall be construed as rendermg un- lawful any dealing with the body of a deceased person, or:any part thereof, wh1ch would have been lawful if this Act had not been passed.
4. Power to make rules.- (I) The Government may, by notifica- tion in the gazette, make such rules as may be necessary for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be compmed in one session or in two successive sessions, and if, before the expiry of the sessions in which it is so laid, or the session Immediately following, the Legislative Assembly makes any modification 111 the rule or decide• that the rule should not be made, the..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 under that rule. l.
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3.
SCHEDULE
[See clause (a) of section 2] Ophthalmic Hospital, Trivandrum. District Hospital, Ernakulam. Medical College Hospital, Calicut.
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