The HIMACHAL PRADESH CORNEAL GRAFTING ACT, 1964

THE HIMACHAL PRADESH CORNEAL GRAFTING ACT, 1964 
ARRANGEMENT OF SECTIONS 
Sections : 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Removal of eyes of deceased person. 
4.  Authority when not to be given. 
5.  No authority for removal of eyes when body is entrusted to 
person by another only for cremation, etc. 
6.  Authority to remove eyes when body is lying in approved 
institution. 
7.  Saving. 
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THE HIMACHAL PRADESH CORNEAL GRAFTING ACT, 1964 
(ACT NO. XI OF 1964) 1 
(Received the assent of the President on the 8 th  December, 1964 and 
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated the 
1st  January, 1965, pp. 2-4). 
An Act to make provision with respect to the use of  eyes of deceased 
persons for therapeutic purposes. 
Amended, repealed or otherwise affected by,- 
(i)  H.P. Act No. 25 of 1969 
2, assented to by the President 
on the 13 th  September, 1969, published in the Rajpatra, 
Himachal Pradesh (Extra-ordinary),  dated the 13 th  
October, 1969, pp. 883-887. 
(ii)  The Himachal Pradesh Adaptation of Laws (Stat e and 
Concurrent Subjects) Order, 1973 (hereinafter refer red 
to as A.O. 1973), published in the Rajpatra, Himach al 
Pradesh (Extra-ordinary), dated the 20 th  January, 1973, 
pp. 91-112. 
WHEREAS it is expedient to make provision with resp ect to the use 
of eyes of deceased persons for therapeutic purpose s; it is hereby enacted by 
the Legislative Assembly of Himachal Pradesh in the  Fifteenth Year of the 
                                                 
1. For Statement of Objects and Reasons, see the Ra jpatra, Himachal Pradesh 
(Extra-ordinary), dated the 23 rd  September, 1964, p. 329. 
2. Extended to the areas added to Himachal Pradesh under section 5 of the Punjab 
Re-organisation Act, 1966, vide H.P. Act No. 25 of 1969. 
2  THE HIMACHAL PRADESH CORNEAL GRAFTING ACT, 1964  
Republic of India as follows:- 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Corneal Grafting Act, 1964. 
(2) It extends to 1[the areas comprised in Himachal Pradesh 
immediately before 1 st  November, 1966.] 
(3) It shall come into force on such date 2 and in such area or areas as 
the State Government may, by notification in the Of ficial Gazette, specify in 
this behalf. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a)  "approved institution" means a hospital or med ical or 
teaching institution for therapeutic purposes appro ved by the 
State Government for the purposes of this Act; 
(b)  3[xxxxxxxxxxxxxxxxxxxxxxxxxxx] 
(c) "Official Gazette" means the Rajpatra, Himachal  Pradesh; 
(d)  "registered medical practitioner" means a prac titioner 
practising any system of medicine and recognised as  a 
registered medical practitioner under any law for t he time 
being in force in India; 
(e)  "near relative" means any of the following rel atives of the 
deceased, namely, a wife, husband, parent, son, dau ghter, 
brother and sister and includes any other person wh o is 
related to the deceased (a) by lineal or collateral  
consanguinity within three degrees in lineal relati onship and 
six degrees in collateral relationship, or (b) by marriage either 
with the deceased or with any relative specifically  mentioned 
in this clause or with any other relative within af oresaid 
degrees. 
Explanation .-The expressions "Lineal and collateral consanguin ity" 
shall have the meanings assigned to them in the Ind ian Succession Act, 1925 
(39 of 1925). 
3. Removal of eyes of deceased person.-  If any person either in 
writing at any time, or orally in the presence of t wo 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 po ssession of his body after 
his death may, unless he has reason to believe that  the request was 
subsequently withdrawn, authorise the removal of th e eyes from the body for 
                                                 
1. Substituted for the words "the whole of Himachal  Pradesh" by A. O. 1973. 
2.  The Act came in to force from 15 th  April, 1965 vide Notification No. 2-6/65-Med. 
II, dated the 17 th   May, 1965, published in the Rajpatra, Himachal Pr adesh dated 
12 th  June, 1965, p. 229. 
3. The definition of "State Government" omitted by A. O. 1973. 
THE HIMACHAL PRADESH CORNEAL GRAFTING ACT, 1964 3 
those purposes. 
(2) Without prejudice to the provisions of sub-sect ion (1), the person 
lawfully in possession of the body of a deceased pe rson 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 objection t o his eyes being 
so dealt with after his death, and had not withdraw n such 
objection; or 
(b)  that a near relative of the deceased objects t o 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 purposes afores aid; but no such removal 
shall be affected except by a registered medical pr actitioner working in an 
approved institution who has satisfied himself by a  personal examination of 
the body that life is extinct. 
4. Authority when not to be given.- The authority for the removal of 
the eyes shall not be given under section 3 if the person empowered to give 
such authority has reason to believe that an inquest may be required to be held 
on the body in accordance with the provisions of any law for the time being in 
force in that behalf. 
5. No authority for removal of eyes when body is en trusted to 
person by another only for cremation, etc.- No authority for the removal of 
eyes shall be given under section 3 in respect of the body of a deceased person 
by a person entrusted by another person with the bo dy of a deceased person 
for the purpose only of its interment or cremation. 
6. Authority to remove eyes when body is lying in a pproved 
institution.- In the case of a body lying in an approved institut ion any 
authority for removal of eyes under this Act may be  given on behalf of the 
person having the control or management of the appr oved institution by any 
officer or person designated in that behalf by the first mentioned person. 
7. Saving.- (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 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 b e contravention of the 
provisions of section 297 of the Indian Penal Code (45 of 1860). 
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