The Haryana Corneal Grafting Act, 1974 (25 of 1974)

HA R . Y A N A G O V T  GA Z .  ( E XT R A . ) ,  A U G U S T  5 ,  1 9 7 4
( S R A V A N A  1 4 ,  1 8 9 6  S A K A )
PA R TL E G I S L A T I V E  D E P A R T M E N T
Notification
The 5th August,1974
No. 29-Leg474.--The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 2nd August,
1974, and is hereby published for general information :—
Haryana Act No. 25 of 1974
THE HARYANA CORNEAL GRAFTING ACT, 1974
663
AN
A C T
to make provision with respect to the use of eyes of deceased persons for
therapeutic purposes.
Bs,it enacted by the Legislature of the State of Haryana in the Twenty-
fifth Year of the Republic of India as follows :—
. (1) This Act may be called the Haryana Corneal Grafting Act, 1974.
(2) It extends to the whole of the State of Haryana.
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 Go-
vernment for the purposes of this Act;
(b) "near relative" means any of the following relatives of the deceas-
ed, namely, a wife, husband, parent, son, daughter, brother
and sister, and includes any other person who is related to
the deceased —
() by lineal or collateral consanguinity within three degrees in lineal
relationship and six degrees in collateral relationship ; or
(ii) by marriage either with the deceased or with any relative speci-
fically mentioned in this clause or with any other relative 'with.
in the aforesaid degrees.
Explanation. ---The expressions "lineal and collateral consanguinity"
shall have the meanings assigned to them respectively in
sections 25 and 26 of the Indian Succession Act,. t925 ;
(c) "registered medicAl practitioner" means a practitioner regis-
tered with the Haryana Medical Council or the Medical
Council of India.
3. (1) If any person, either in writing at any time or orally in the pre-
sence 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 persons
!Awfully 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to believe that the request was subsequently withdrawn,authorise the removal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
Short title and
extent.
Definition*
Removalof eyes
of deceased per-son.

.71 1;
Authority when
not to be given.
No authority for
removal of eyes
when 000 is en-trusted to person
byanother only
for cremation. etc.
Authority to re-
move eyes, when
body is lying in
approved institu-
tion.
saving.
"10 - Repeal.
HARYANA GOVT GAZ. (EXTRA.), AUGUST 5, 1974 664
(SRAVANA 14, 1896 SAKA)
et * E I N E M .111IF
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 notwithdrawnsuch objec-
tion ; or
(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 thissection in respect
of any deceased persons shall be sufficient warrant for theremoval of the
eyes from the body and their use for the purpose aforesaid; butno such
removal shall be effected except by a registered medical practitioner working
in an approvedinstitution who had satisfied himself by a personal examina.
tion of the body that life is extinct.
4. The authority for the removal of the eyes shall not be givenunder
section 3 if the person empowered to give suchauthority has reason to be-
lieve that an inquest may be required to be held on the body inaccor dance
with the provisions of any law for the time being in force in that behalf.
S. No authority for the removal of eyes shall be givenunder section 3
in respect of the body of a deceased person by a personentrusted by an-
other 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 approved institution any authority
for removal of eyes under this Act may be given on behalf of the person hav-
ing 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 cons-
trued as renderingunlawful 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 section 297 of the Indian Penal Code, 1860.
8. The Punjab Corneal Grafting Act, 1963 (Punjab Act13 of 1963).
in its application to the State of Haryana, is herebyrepealed.
SARLTP CHAND GOYAL,
Secretary to Government, Haryana.
Legislative Depart ment.

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