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. 
 (2) It extends to the whole of the State of Bombay. 
 (3) It shall come i nto 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. 
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 a nd 
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 s pecifically 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. 
Short title, extent 
and 
commencement. 
Definitions. 
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 
no or more witnesses during his last illness, has expressed a request 
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 a uthorize 
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 bo dy 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. 
4. The authority for the removal of the eyes shall not be given under section if the 
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. 
5. No authority for the removal of eyes shall be given under section 3 in response 
of the body of a deceased person by a person entrusted by another person with 
the body of a deceased person for the purpose only of its interment or 
cremation. 
6. In the case of a body lying in an approve d institution any authority for removed 
of eyes under this Act may be given on behalf of the person having the control 
or management of the approved institution by any officer or person designated 
in that behalf by the first mentioned person. 
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 
Removal of eyes of 
deceased person. 
Authority when not 
to be given. 
No authority for 
removal of eyes 
when body is 
entrusted to person 
by another only for 
cremation, etc. 
authority to 
remove eyes, when 
body is lying in 
approved 
institution. 
Saving 
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 o f 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. 
 
  
 

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