Bombay Corneal Grafting Act, 1957

Bombay Corneal Grafting Act, 1957

Bombay Corneal Grafting Act, 1957

Bombay Act No. 33 of 1957

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[Dated 4th September, 1957]

For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, p. 142. An Act to make provision with respect to the use of eyes of deceased persons for therapeutic purposes

Whereas it is expedient to make provision with respect to the use of eyes of deceased persons for therapeutic purposes ; It is hereby enacted in the Eighth Year of the Republic of India as follows :-

1. Short title, extent and commencement.- (1) This Act may be called the Bombay Corneal Grafting Act 1957.

(2) It extends to the whole of the [State of Maharashtra].

(3) [It shall come into force on such date and in such area or areas as the State Government may, by notification in the Official Gazette, specify in this behalf.]

2. Definitions.- In this Act, unless the context otherwise requires -

(a) "approved institution" means a hospital or a medical or teaching institution for therapeutic purposes approved by the State Government for the purposes of this Act;

(b) "near relative" means any of the following relatives of the deceased, namely, a wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the deceased (a) by lineal or collateral consanguinity within three degrees in lineal relationship 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 aforesaid degrees.

Explanation. - The expressions "Lineal and Collateral consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925.

(c) "registered medical practitioner" means a practitioner practising any system of medicine and recognised as a registered medical practitioner under any law for the time being in force in India.

3. Removal of eyes of deceased person.- (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 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in possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the eyes from the body for those purposes.

(2) Without prejudice to the provisions of sub-section (1), 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 objection to his eyes being so dealt with after his death, and had not withdrawn such objection ; or

(b) that a near relative of the deceased objects to the deceased 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 aforesaid ; but no such removal shall be effected except by a registered medical practitioner working in an approved institution who has satisfied himself by a personal examination of the body that life is extinct.

Note : - Prior to the amendment only registered practitioner working in an approved institution was authorised to remove the eyes form the body of a deceased person. Now, the above authorities can also remove eyes.

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 entrusted to person by another only for cremation.- 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 body of a deceased person for the purpose only of its interment or cremation.
6. Authority to remove eyes when body is lying in approved institution.- In the case of a body lying in an approved institution any authority for removal of eyes under this Act may be given on behalf of the person having the control or management of the approved 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 be contravention of the provisions of section 297 of the Indian Penal Code.

8. Amendment of Bombay XI of 1949.- In the Bombay Anatomy Act, 1949 (Bombay XI of 1949)-

(a) in the long title and preamble after the words "teaching institutions" the words "for therapeutic purposes or" shall be inserted ;

(b) in section 2, in clause (1), for the words "to carry on anatomical examination and dissection" the words "for all or any of the purposes of this Act" shall be substituted ;

(c) in section 5, in sub-section (1) after the words "approved institution" words "for any therapeutic purpose or" shall be inserted.

Notifications

1. N., U. D. & P. H. D., No. BAA. 1059/37013-Q, dated 30th July, 1960 (M. G., Part IV-B, p. 127).- In exercise of the powers conferred under sub-section (3) of section 1 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra specifies the 10th of August, 1960, to be the date on which the said Act shall come into force in all the areas of the State of Maharashtra.
2. N., U. D., P. H. & H. D., No. DSP. 3768/6535-H, dated 13th October, 1969 (M. G., Part IV-B, p. 1522).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the following hospitals for the purposes of the said Act, namely-

(1) K.E.M. Hospital, Bombay.

(2) Haji Bachooali Hospital, Bombay.

(3) B.Y.L. Nair Hospital, Bombay.

(4) St. George's Hospital, Bombay.

(5) Parsee General Hospital, Bombay.

(6) Bombay Hospital, Bombay.

1. N., U. D., P. H. & H. D., No. Act, 1270/67308-H, dated 21st April, 1972 (M. G., Part IV-B, p. 972).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the following hospitals for the purposes of the said Act, namely :

(i) C. J. Ophthalmic Hospital, Bombay.

(ii) J. N. Duggan Hospital, Eye, at J. J. Groups of Hospitals, Bombay

(iii) Medical College Hospital, Nagpur.

(iv) Medical College Hospital, Aurangabad.

(v) Sassoon General Hospital, Poona.

1. N., U. D., P. H., & H. D., No. Act, 1270/67308-H, dated 26th May, 1972 (M. G., Part IV-B, p. 1135).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves "Bai Kankubai Eye Hospital, Sholapur", for the purpose of the said Act.
2. N., U. D., P. H. & H. D., No. Act, 1273/4380-II, dated the 14th May, 1973 (M.G., Part IV-B, p. 976).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act. 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the"Lokmanya Tilak Municipal General Hospital, Sion, Bombay-22", for the purposes of the said Act.

Amendment by G. N., U.D., P.H. & H.D., No. DSP. 3768/6535-H, dated 1st June, 1973, (M. G., Part IV-B, p. 1093).

1. N., U. D., P. H. & H. D., No. DSP. 3768/6535-H, dated 13th April, 1973 (M. G., Part IV-B, p. 585).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the [General Hospital, Amravati]for the purposes of the said Act.
2. N., U. D., P. H. & H. D., No. Act, 1072/68641-S, dated 30th April, 1974 (M. G., Part IV-B, p. 224).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957). the Government of Maharashtra hereby approves the "Social Service League, Kalyan", for the purposes of the said Act.
3. N., U. D., P. H. & H. D., No. CON. 1074/20832-S, dated 14th May, 1974 (M. G.. Part IV-B, p. 759).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act. 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the "Sir Hurkisandas Nurrotumdas Hospital, Bombay", for the purposes of the said Act.
4. N., U. D., P. H. & H. D., No. CON. 1072/70273-S, dated 13th June, 1974 (M. G., Part IV-B, p. 825).-In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the"Paranjape Eye Hospital, Sangli", for the purposes of the said Act.
5. N., U. D., P. H. & H. D., No. CON. 1074/70543-S, dated 12th November, 1974 (M. G., Part IV-B, p. 1222).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the"Mission Hospital, Jalna", for the purposes of the said Act.
6. N., P. H. D., No. PHD. 1881/1579/PH-16-A, dated 10th August, 1983 (M. G., Part IV-B, p. 846).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1967 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the "Mahatma Gandhi Hospital, Pune", for the purposes of the said Act.
7. N., P. H. D., No. NBP. 1085/CR-285/PH-6, dated 31st October, 1985 (M. G., Part IV-B, p. 2288).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the "Eye Bank of Lions Club, Juhu at Cooper Hospital, Bombay", for the purpose of the said Act.
8. N., P. H. & H. D., No. NBP. 1089/CR-347/Health-6, dated 31st January, 1990 (M. G. G., Part IV-B, dated 15.2.1990, p. 235).-In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the "Indian Naval Hospital, Ship 'Ashwini', Colaba, Mumbai"for the purposes of the said Act.
9. N., P. H. 8c H. D., No. NBP. 1090/CR-249/Health-6, dated 12th December, 1990 (M. G. G., Part IV-B, dated 27.12.1990, p. 2857).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the "P. D. Hinduja Hospital and Medical Research Centre, Mahim, Mumbai 400 016"for the purposes of the said Act.
10. N., P. H. & H. D., No. NBP. 1092/529/CR-86/Health-6, dated 24th April, 1992 (M. G. G., Part IV-B, dated 7.5.1992, p. 546).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby approves the "Sarawate Eye Hospital, 482/A/3, Sadar Bazar, Near R. T. O. Office, Satara"for the purposes of the said Act.
11. N., P. H. & H. D., No. NBP. 1093/CR-28/Health-6, dated 17th February, 1993 (M. G. G., Part IV-B, dated 11.3.1993, p. 391).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957). the Government of Maharashtra hereby gives permission to "The National Institute of Opthamology, Pune"to start an eye bank for the purposes of the said Act.
12. N., P. H. & H. D., No. AMNICA. 1093/CR-121/Health-6, dated 15th April, 1993 (M. G. G., Part IV-B, dated 29.4.1993, p. 672).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXHI of 1957), the Government of Maharashtra hereby gives permission to the "Lions Club of Bombay (Gateway) and Bhatia Hospital, Mumbai"jointly to start an eye bank for the purposes of the said Act.
13. N., P. H. & H. D., No. AMNICA. 1093/PR-No. 106/Health-6. dated 16th April, 1993 (M. G. G., Part IV-B, dated 29.4.1993, p. 672).- In exercise of the powers conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 (Bombay XXXIII of 1957), the Government of Maharashtra hereby gives permission to the "Venkatesh Eye Research Foundation and Charitable Trust, Solapur"to start an eye bank, in the premises of "Dr. Albel Eye Clinic, Solapur" for the purposes of the said Act.