Tamil Nadu Corneal Grafting Act, 1960 (PDF)

Tamil Nadu Corneal Grafting Act, 1960

(Tamil Nadu Act 11 of 1960)

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LEGISLATIVE HISTORY 6

Received the asset of the Governor on the 11th June 1960 and first published in the Fort St, George Gazette on the 22nd June 1960

An Act to make provision with respect to the use of the eyes of deceased persons for therapeutic purposes in the [State of Tamil Nadu].

Whereas it is expendient to make provision with respect to the use of the eyes of deceased persons for the therapeutic purposes in the [State of Tamil Nadu];

Be it enacted in the Eleventh Year of the Republic of India as follows:-

Short title, extent and commencement.- (1) This Act maybe called the [TamilNadu]Corneal Grafting Act, 1960.

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

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Object & Reasons6

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

(1) "approved institution" means an institution specified in the Schedule and includes any other institution declared by the State Government, by notification, to be an approved institution for the purposes of this Act;

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

Explanation. - The expressions "lineal consanguinity" and "collateral consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925 (Central Act XXXIX of 1925), and degrees of relationship shall be computed in the manner laid down in that Act.

Removal of the eyes of deceased persons.- (1) If any person, either in writing at any time or orally in the presence of turn 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 possession of his body after his death, may, unless the said party has reason to believe that the request was subsequently withdrawn, authorize the removal of the eye or eyes from the body for use for those purposes.

(2) Without prejudice to sub-section (1), the party lawfully in possession of the body of a deceased person may authorize 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 has expressed an objection to his eye or eyes being so dealt with after his death, and had not withdrawn it: or

(b) that the surviving spouse or any near relative of the deceased objects to the eye or eyes of the deceased being so dealt with.

(3) An authority given under this Act in respect of any deceased person shall be sufficient warrant for 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 medical officer possessing the prescribed qualifications and attached to, or employed in, an approved institution, who must have satisfied himself by a personal examination of the body that life is extinct and the eye or eyes shall, after such removal, be handed over by such medical officer to the nearest approved institution.

(4) (a) No authority for the removal of the eye or eyes under this Act shall be given if the party empowered to give such authority has reason to believe that an inquest may be required to be held on the body.

(b) Any person knowing, or having reason to believe, that an inquest maybe required to be held over a dead body gives or abets the giving of any authority under this Act shall, on conviction before a Magistrate, be liable to fine which may extend to two hundred rupees.

(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 internment, burial, cremation or disposal otherwise.

(6) In the case of a body lying in a hospital, prison, nursing home or institution, and not claimed by any of the near relatives of the deceased within such lime as may be prescribed, an authority under this Act may be given by the person having the control and management of the hospital, prison, nursing home or institution of by any person designated by the first mentioned person in that behalf.

(7) Nothing in this Act shall be construed as rendering unlawful any dealing with the body of a deceased person, or any part thereof, which would have been lawful if this Act had not been passed.

Power to make rules.- (1) The State Government may, by notification, make such rules as may be necessary for carrying out, the purposes of this Act.

(2) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of [the Legislative Assembly] and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.

Schedule

[See clause (1) of section 2]