The West Bengal Corneal Grafting Act, 1965

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XIX .  of 1965 . 
THE WEST BENGAL CORNEAL GRAFTING ACT, 
1965. 
[Passed by the West Bengal .  Legislature.] 
[.1 ;sent. ui the President was first published in the Calcutta 
,t2ette, Extraordinary, of the 11th August, 1965.] 
[11th August, 19651 
[n Act to make prevision with respect to the removal and use 
for therapeutic purposes of eyes of deceased persons. 
WimnEAs it is expedient to male provision with respect 
to the removal and use for therapeutic purposes of eyes of 
deceased persons; 
It is hereby enacted in the Sixteenth Year of the 
Republic of. India, by the Legislature of West Bengal, as 
follows:- 
1. (1) This Act may be called the West Bengal Corneal Short title 
Grafting Act, 1965. - 	 extent and 
commence 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) This section shall come into force at once and the 
remaining provisions of this Ac,t shall come into force in 
such. area and on such date as the State 'Government may, 
by notification in the Official Gazette, appoint and different 
dates may be appointed for this purpose in respect of 
different areas. 
2. In this A(it, unless there is anything repugnant in the Definitir DA, 
subject or context, 
' (.1) `.`approved institution" means any hospital or other 
institution approved by the State Government 
by notification in the Official Gazette for the 
purposes of this Act; • 
(2) "authorised medical practitioner" means a medical 
practitioner possessing any of the medical 
qualifications included in the Schedules to the 
102 of 	 Indian Medical Council Act, 19'56, registered 
1956. 	 under any law for the time being in force in any 
State regulating the registration of practitioners 
of medicine and attached to, or employed in, an 
approved institution; 
Price—Indian, 20P. 
10- 
2 	 The West Bengal Corneal Grafting Act, 1965. 
West Ben. Apt 
(Section 3.) 
(3) "near relative" in relation to a deceased . person 
means any of the following 'relatives of the 
deceased, that is to 
wife, husband, parent, son, daughter; brother and . 
sister 
and includes any other person who is related to 
the deceased— 
(i) by lineal consanguinity within three degrees, or 
by collateral consanguinity within four degrees, 
or 
(ii) by marriage with any of the aforesaid relatives. 
Explanation.—In this clause the expressions "lineal 
consanguinity" and "collateral consanguinity" 
have the same meanings, respectively, as in the 
Indian Succession Act, 1925; 
(4) "prescribed" means prescribed by rules made under 
this Act. 
39 of 192- 
Authority 
for rem°. 
v3,1 of eyes 
of deceased 
persons. 
3.. Save as hereinafter otherwise provided in this 
Act,— 
(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 purposes 
then, after his death, the person lawfully in 
possession of the body of the deceased person may, 
unless he has reason to believe that such request 
was subsequently withdrawn, authorise the 
removal of the eyes from the body of the 
-deceased -for use for those purposes; 
(2) without prejudice to the provisions of clause (1), the 
person .lawfully in possession of the body of a 
deceased person may authorise the removal of the 
eyes from the body of the deceased for use for the 
purposes aforesaid unless such 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 not withdrawn such objection; or 
(h) that a near relative of the deceased objects to the 
deceased's eyes being so dealt with. 
Exptanation.—In this section the expression "person 
lawfully in possession of the body" of a deceased 
person does not include a person who has been 
entrusted with the body of a deceased person 
solely for the purpose of its interment, burial. 
.cremation or disposal in any other way but 
includes, in the case of the body of a deceased 
person lying in any .  hospital, prison, nursing 
home or other institution and not claimed by 
A ot,XLV 
of 1860. 
The West Bengal Corneal Grafting Act, 1965. 	 3 
x x ot1965, 
(Sections 4-8 . ) 
any near relative of the deceased person within 
such time as may be prescribed, the person 
having the control and management of such 
hospital, prison, nursing home or other institu-
tion, as the case may be. 
4. Authority for the 'removal of the eyes from the body Authority 
of any deceased person shall not be given under section 3 not to be 
if the person empowered thereunder to give such authority revrts eniomeir: 
knows or has reason to believe that an inquest may be eamsta, 
required to be held on the body in accordance with the ees. 
provisions of any law for 	 time being in force in that 
behalf. 
5. (1) Subject to the provisions of sub-section (2) an Removal 
authority given under the provisions of this Act in respect o f  eyes,  
of any deceased person shall be sufficient warrant for the 
removal of the eyes from the body of. such deceased person 
and for the use of the eyes so removed for the purposes 
aforesaid. 
(2) No removal of eyes from the body of any deceased 
person under an authority given under this Act shall be 
effected except by an authorised medical practitioner who 
must have satisfied himself by a personal examination of 
the body that life is extinct. 
(3) Any eye removed from the body of a deceased person 
under an authority given under this Act shall, after such 
removal, be made over by the authorised medical practi-
tioner removing the eye to the nearest approved institution 
and shall be kept therein for use for therapeutic purposes. 
6. If any person contravenes, or abets the contravention 
of, any of the provisions of this Act, he shall, on conviction 
before a Magistrate, be punishable with imprisonment 
which may extend to- six months or with fine which may 
extend to five hundred rupees or with both. 
7. (1) Nothing in this Act shall be construed as render-
ing unlawful any dealing with, or with any part of, the 
body of any deceased person which would have been lawful 
it this Act had not been passed. 
(2) Notwithstanding anything contained in section 297 
of the Indian Penal Code, an authority for the removal of 
the eyes from the body of a. deceased person given in accord-
ance with. the provisions of this Act or the removal of the 
eyes from the body of the deceabRd person in pursuance of 
such authority shall not be deemed to be an offence punish-
able under the said section. 
8. (1) 'The State Government may, by notification in the 
Official Gazette, make such rules as may be necessary for 
carrying out the purposes of this Act. 
(2) In -particular and without prejudice to the generality 
of the provisions of this Act such rules may be made in 
respect of any matter which is required to be or may be 
prescribed. 
Penalty. 
Savings. 
Power to 
make rules. 
ANT13GP.68/9-245A-5M 

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