The UTTAR PRADESH CORNEAL GRAFTING ACT, 1964

  
162 
 THE UTTAR PRADESH CORNEAL GRAFTING ACT, 19641 
                     (U. P. Act No.  XXIII  of 1964) 
 [Passed in Hindi by the Uttar Pradesh Legislative Council on 
March 31, 1964 and by the Uttar Pradesh Legislative Assembly on 
August 4, 1964. 
Received the assent of the President on September 28, 1964 
under Article 201 of the Constitution of India and was published in 
the Uttar Pradesh Gazette, Extraordinary, dated October 3, 1964.] 
  
 
                                         AN 
                                        ACT 
to make provision with respect to the use of eyes of deceased persons 
for therapeutic and research purposes 
 
 
 
Short title, 
extent and 
commencement 
 
IT IS HEREBY enacted in the Fifteenth Year of the Republic of 
India as follows :— 
1. (1) This Act may be called the Uttar Pradesh Corneal 
Grafting Act, 1964. 
(2) It extends to the whole of the State of Uttar Pradesh.   
(3) This Act shall come into force at once.  
Definitions  2. In this Act, unless the context otherwise requires— 
(1)  “approved institution” means a hospital or a medical 
teaching or research institution which the State Government may, by 
notification in the Gazette, approve for the purposes of this Act ;  
 (2)  “near relative” in relation to a deceased person, means any 
person related to the deceased as wife, husband, parent, son, 
daughter, brother, sister and includes any other person who under 
the personal law governing the deceased may be the heir of the 
deceased ; 
 (3) “prescribed” means prescribed by rules made under this 
Act ; 
(4) “recognized”  means recognized by the State Government 
for the purposes of this Act in such manner as may be prescribed ; 
 (5) “registered medical practitioner” means a practitioner 
registered under the provisions of the U. P. Medical Act, 1917; and 
(6) “ unclaimed body” means the body of a deceased person 
who has no near relative or which has not been claimed by any of his 
near relatives within two hours of the death of the deceased.  
Removal of eyes 
of deceased 
persons  
3. (1) If any person either in writing at any time, or orally in 
the presence of two or more witnesses during his last illness has 
expressed a request that his eyes be used for therapeutic or research 
purposes after his death, the person lawfully in possession of his body 
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was subsequently withdrawn, authorize the removal of the eyes from 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 the said purposes.   
—————————————————————————————————————————— 
1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated November 23, 
1963.  
[The Uttar Pradesh Corneal Grafting Act, 1964] 
164 
 (2) Without prejudice to the provisions of sub-section (1), the 
person lawfully in possession of the body of a deceased person may 
authorize the removal of the eyes from the body for the purposes 
aforesaid, unless he has reason to believe that— 
 (a) the deceased had expressed an objection to his eyes being so 
dealt with after his death, and had not withdrawn such objection ; or 
(b) any near relative of the deceased objects to the deceased’s eyes 
being so dealt with. 
 
 
 
 
 
(3) The eyes of a still-born child may be removed for the aforesaid 
purposes with the consent of his parents or parent as the case may be. 
(4) An authority given under 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 aforesaid; but no such 
removal shall be effected except by a recognized registered medical 
practitioner working in an approved institution who has satisfied himself 
by a personal examination of the body that life is extinct.   
Authority 
when not to 
be given 
4.  Authority for removal of the eyes shall not be given under 
section 3 — 
(a) if the person empowered to give such authority has reason to 
believe that an inquest may be held on the body in accordance with the 
provisions of any law for the time being in force ;   
 (b) by a  person entrusted by another person with the body of the 
deceased person for the purposes only of its interment or cremation.   
Authority in 
respect of an 
unclaimed 
body 
5.  In the case of an unclaimed body lying in an approved 
institution, an authority for removal of eyes under this Act may be given 
in such manner as may be prescribed, by the person having the control 
or management of such institution or by any other person authorized by 
him in this behalf.  
Power of the 
State 
Government 
to make rules  
6.  (1) The State Government may after previous publication 
make rules for carrying out the purposes of this Act. 
(2)  All rules made under this Act shall, as soon as may be after 
they are made, be laid before each House of the State Legislature while it 
is in session, for a total period of fourteen days extending in its one 
session or more than one successive sessions and shall, unless some 
later date is appointed, take effect from the date of their publication in 
the Gazette, subject to such modifications or annulment as the two 
Houses of the Legislature may agree to make ; so-however, that any such 
modification or annulment shall  be without prejudice to the validity of 
anything previously done thereunder.    
Savings  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 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 a contravention of 
the provisions of section 297 of the Indian Penal Code.   
 
 
 

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