LexThe Kerala Corneal Grafting Act, 1963 (No.17 of 1963)
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE 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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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.
2.
3.
SCHEDULE
[See clause (a) of section 2]
Ophthalmic Hospital, Trivandrum.
District Hospital, Ernakulam.
Medical College Hospital, Calicut.