The Odisha Corneal Grafting Act, 1960

 
DISCLAIMER: This document is being furnished to you for your information by PRS 
Legislative Research (PRS).  The contents of this document have been obtained from sources 
PRS believes to be reliable.  These contents have not been independently verified, and PRS 
makes no representation or warranty as to the accuracy, completeness or correctness.  In 
some cases the Principal Act and/or Amendment Act may not be available.  Principal Acts 
may or may not include subsequent amendments.  For authoritative text, please contact the 
relevant state department concerned or refer to the latest government publication or the 
gazette notification.  Any person using this material should take their own professional and 
legal advice before acting on any information contained in this document.  PRS or any persons 
connected with it do not accept any liability arising from the use of this document.  PRS or any 
persons connected with it shall not be in any way responsible for any loss, damage, or distress 
to any person on account of any action taken or not taken on the basis of this document. 
 
 
 
 
 
The Orissa Corneal Grafting Act, 1960 
 
Act 1 of 1961 
 
 
 
 
 
 
 
 
Keyword(s): 
Near Relative, Recognised, Registered Medical Practitioner, Unclaimed Body, 
Doctor, Eye Donation 
 
 
ORISSA ACT I OF 1961 
THE 0-A CORNEAL GRAJ?TING ACT, 1- 
-- 
CONTENTS 
S~ONS 
I. Short title, extent and commencement 
2. Definitions 
3. Removal of eyes of deceased person 
4. Authority when not to be given 
5. Person eatrusted with body only for cremation, etc., not to give authotit 
6. Authority in respect of unclaimed body 
7:Persons authorised to remove 
8. Power of the Slate Government to make rulos 
9. Saving 
ORXSSA ACT I OF 1961 
'[THE ORlSSA CORNEAL GRAFTING ACT, 1960J 
[ Received-the assent of the Governor on the' 11th 
January 1961, rst published in an -exrraordil 
wry issue o f the Orissa Gamtie, ,&fed 
the 19th Junuary 1961 ] 
AN ACT TO MAKE PROVISION FOR THE. REMOVAL OF Em 
OF DECEASED PERSONS FOR THEWPEU~C P-B 
BE it enacted by the Legislahue of &'state of 0rik 
in the Eleventh Year of the Republic .. of India 
as follows :- 
1. (I) This Act may be ded the On'ssa ~#meal a%* Grafting Act, 1960. .,-.em 
Inat. 
(2) It extends to the whole of the State of Orissa, 
(3) This section shall come into fnoe at one . . and- the remaining provisions of this Act shall come 
into force in such area and on such- date as &e State 
Gov-nt may, by - notifidon, appoint. 
2. In this Act, unless .there is anything. repugnant 
in -the subject or context- 
- (a) "approved institution" means a hospital . 
. or a 'medid or teaching institution for 
therapeutic purposes approved by the Stat4 
Government tor the purposes of this Act ; 
. . 
(b) "n& relative" in relati& to a dd 
person, means any of .$he following rtla- 
tives of the deceastd, that is, wife, husband, 
paren!, son, daughter, brother and sister 
and lncludes an o- person who is 
related to the g eoeased- 
(i) by lineal or wllateral consanguinity within 
three degrees in lineal relationship a~~d 
six degrees in collateral relationship ; .or I 
(if) by marriage either with the d#xased or 
with any relative s@dy mentioned in 
this ,.clause or mth any 0% relative 
within the aforkd degr#s ; 
THE ORISSA CORNEAL G~G ACT, 1960 [Or. Ad 1 
. . 
(Sec. 3) 
Explanation-Tbe expression "lineal and colla- ,, of ,925 
terd consanguinity" ' shall have the meanings assigned 
to them in the Indian Succession Act, 1925; 
(c) "prescribed" means prescribed by rules 
made under this. Act; 
(d) "recognised" means recognised for the 
purposes of xhis Act in such manner as 
may be prescribed; - 
' . 
(e) "registered medical practitioner" means a 
practitioner practising any system of medi- 
cine and registered as such under any law 
for the time being in force in India;' and 
(f) "unclaimed body" means the body of a 
deceased person who has no near relative 
or which has not ken claimsd by any of 
his near relatives within such time as may . 
be prescribed . ., 
~rmovd . 3. (1) If: any person has expressed -in writing a oyn of dm- 
- request that his eyes be used for therapeutic purposes 
parsom. after his death, the person lawfu1Iy in possession of 
,, his.body:after-his'death may, unless he has reason to 
believe that the request was subsequently withdrawn, 
authorise in writing the xem~val of the eyes from the 
body for the said purposes. 
(2) The person so authorising shall, if he expres~ei 
his desire in writing at the time of authorisation, 
be paid such amount in such manner and subject to 
such conditions as may be prescribed.. 
(3) Without prejudice to the provisions of sub- 
section (I) the person ,lawfully in possession of the 
body of a deceased person 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 objec- 
tion to his eye being so dealt with after his 
death, and had not withdrawn such objec- 
tion; or 
(b] that a near relative of the deceased objects 
to the deceased's eyes bcin SO dealt with, 
(4) An authority given under the provisions 
of this section in respect of any deceased person shall 
be sullicient warrant for the removal of the eyes from 
the body and their use for the purposes aforesaid. 
4. Authority for the removal of eyes under ~uth a r i t y 
section 3 shall not be given- when b $vm. not ta 
(i) if the person empowered to give such author- 
ity has reason to believe that an inquest 
may be required to be held on the body ; 
or 
(ii) after the body has been removed to the 
burial or cremation ground for the purpose 
of burial or cremation, 
5. No authority for the removal of eyes shall ~emonenrm- 
be given utlder section 3 in respect of the body of SM body with hn1r thn 
a deeased person by a person entrusted by another tor CI s m n- 
pe~ort with the body of a deceased person for the :picno* 
purpose only of its burial ar cremation. authoriQ. 
i 
6. In the case of an unclaimed body lying in AuthofiW h 1 
01 an approved institution an authority for rern~val~,,~ 1 of eyes under this Act may be given by the person MY. 
having the control or management of such insti- 
tution in such manner as may be prescribed. 
7. Removal of the eyes shall be effected ody P 0 r s o nm 
b;v' a recognisd registered medical ractitioner who 
Y 
authorised to 
remova, 
 RE satisfied himself by a persona examination of 
fit body that life is errtinct. 
8. (1) The State Governmen$ may, after previous P;:,O' * 
publication, make rules * for carrying out the pur--mt 
poses of this Ad. to makm dm. 
(2) All rules made under this Act shall, as soon 1 - 
as may be after they are made, be laid before the 
State Legslature for a total period of fourteen days - - 
which may be comprised in one or more sessions and 
shall b;: s~'-?jject to such modification as the State 
k@deiia:-z, :nay make during the said period. 
FOP rulk ~nder =lion 8 !fl see Notification No. 209!9-H., dad tho 
1Mh Mrnber 1962 pub:ished m OrLrm Gazette, Extnord ~nary, dated tho 
I1 th Desrmk 1962 (NO. 7%). 
t73 Law--4!il 
340 Tm Oluvu CORNJIAL GWW~G Am, 1960 [Or- Act 1 of 19611 
hving 9. (1) Nothing in the foregoing provisions of 
e= this Act shall be canstrued as rendering udawfd 
any dealing with the body or any part thereor, 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 an act in contravention of the 
provisions of section 297 of the Indian Penal Coda. 45 OCIW . . . . 

‹ Prev All Odisha acts Next ›