BOMBAY CORNEAL GRAFTING ACT,
1957 THE BOMBAY CORNEAL GRAFTING ACT, 1957 [ Act No. 33 of 1957][1] [4th September, 1957] 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 :- NOTES No provision is made in the
Bombay Anatomy Act, 1949, to make available material for corneal grafting
surgery. Nor did any provision is made to bequeath the donors eyes to the
patient for grafting purposes. The Act has made provision
for voluntary use of eyes indicated by a person's willingness for the bequest
of his eyes for therapeutic purpose after his death. Then the person lawfully
in possession of the body of the aforesaid person after his death, may
authorise the removal of the eyes from the body. Statement of Objects and
Reasons. (1) This Act
may be called the Bombay Corneal Grafting Act, 1957. (2) It
extends to the whole of the State of[2]
[Maharashtra]. (3) [3]
Preamble - THE BOMBAY CORNEAL GRAFTING ACT, 1957PREAMBLE
Section 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.
Section 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's 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.
NOTES
Prior to the amendment only
registered practitioner working in an approved institution was authorised to
remove the eyes from the body of a deceased person. Now, the above authorities
can also remove eyes.
Section 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.
Section 5 - No authority for removal of eyes when body is entrusted to person by another only for cremation, etc
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.
Section 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.
Section 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.
Section 8 - Amendment of Bom. XI of 1949
In the Bombay Anatomy Act,
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
G. N., U. D. & P. H. D., No. BAA. 1059/37013-9,
dated 30th July, 1960
(M. G., Pt. IV-B. p. 127)
In exercise of the powers
conferred under sub-section (3) of section 1 of the Bombay Corneal Grafting
Act, 1957 (Bom. 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.
G. N., U. D., P. H. & H. D., No. DSP. 3768/6535-H,
dated 13th October, 1969
(M. G., Pt. IV-B. p. 1522)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957
(Bom. 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.
G. N., U. D., P. H. & H. D., No. ACT. 1270/67308-H,
Dated 21st April, 1972
(M. G., Pt. IV-B, p. 972)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957
(Bom. 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.
G. N., U. D., P. H., & H. D.. No. ACT. 1270/67308-H, dated
26th May, 1972
(M. G., Pt. IV-B, p. 1135)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957 [4](Bom.
XXXIII of 1957), the Government of Maharashtra hereby approves "Bai
Kankubai Eye Hospital, Sholapur", for the purpose of the said Act.
G. N., U. D., P. H. & H. D.. No. ACT. 1273/4380-II.
dated the 14th May, 1973
(M. G.. Pt. IV-B, p. 976)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act. 1957
(Bom. 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.
G. N.. U. D., P. H. & H. D., No. DSP. 3768/6535-H,
dated 13th April, 1973
(M. G., Pt. IV-B, p. 585)
Amendment by G. N., U.D.,
P.H. & H.D., No. DSP. 3768/6535-H, dated 1st June. 1973. (M. G., Pt. IV-B.
p. 1093).
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act. 1957
(Bom. XXXIII of 1957), the Government of Maharashtra hereby approves the [5][General
Hospital, Amravati] for the purposes of the said Act.
G. N., U. D., P. H. & H. D., No. ACT. 1072/68641-S,
Dated 30th April, 1974
(M. G.. Pt. IV-B, p. 224)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957
(Bom. XXXIII of 1957). the Government of Maharashtra hereby approves the
"Social Service League, Kalyan", for the purposes of the said Act.
G. N., U. D., P. H. & H. D., No. CON. 1074/20832-S,
Dated 14th May, 1974
(M. G., Pt. IV-B, p. 759)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957
(Bom. XXXIII of 1957), the Government of Maharashtra hereby approves the
"Sir Hurkisandas Nurrotumdas Hospital, Bombay", for the purposes of
the said Act.
G. N., U. D., P. H. & H. D., No. CON. 1072/70273-S,
dated 13th June, 1974
(M. G., Pt. IV-B, p. 825)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act. 1957
(Bom. XXXIII of 1957), the Government of Maharashtra hereby approves the
"Paranjape Eye Hospital, Sangli", for the purposes of the said Act.
G. N., U. D., P. H. & H. D., No. CON. 1074/70543-S,
Dated 12th November, 1974
(M. G.. Pt. IV-B, p. 1222)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957
(Bom. XXXIII of 1957), the Government of Maharashtra hereby approves the
"Mission Hospital, Jalna", for the purposes of the said Act.
G. N., P. H. D., No. PHD. 1881/1579/PH-16-A,
Dated 10th August, 1983
(M. G.. Pt. IV-B, p. 846)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1967
(Bom. XXXIII of 1957), the Government of Maharashtra hereby approves the
"Mahatma Gandhi Hospital, Pune", for the purposes of the said Act.
G. N.. P. H. D., No. NBP. 1085/CR-285/PH-6,
Dated 31st October, 1985
(M. G.. Pt. IV-B, p. 2288)
In exercise of the powers
conferred by clause (a) of section 2 of the Bombay Corneal Grafting Act, 1957
(Bom. 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.
G. N., P. H. & H. D., No. NBP. 1089/CR-347/Health-6,
Dated 31st January, 1990
(M. G. G., Pt. 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
(Bom. XXXIII of 1957), the Government of Maharashtra hereby approves the "Indian
Naval Hospital, Ship 'Ashwini', Colaba, Mumbai" for the purposes of the
said Act.
G. N., P. H. & H. D., No. NBP. 1090/CR-249/Health-6,
Dated 12th December, 1990
(M. G. G., Pt. 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
(Bom. 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.
G. N., P. H. & H. D., No. NBP. 1092/529/CR-86/Health-6,
Dated 24th April, 1992
(M. G. G.. Pt. 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
(Bom. 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.
D. N., P. H. & H. D., No. NBP. 1093/CR-28/Health-6,
Dated 17th February, 1993
(M. G. G., Pt. 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
(Bom. XXXIII of 1957), the Government of Maharashtra hereby gives permission to
"The National Institute of Ophthalmology, Pune" to start an eye bank
for the purposes of the said Act.
G. N., P. H. & H. D., No. AMNICA. 1093/CR-121/Health-6,
dated 15th April, 1993
(M. G. G., Pt. 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
(Bom. XXXIII 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.
G. N., P. H. & H. D., No. AMNICA. 1093/PR-No.
106/Health-6,
dated 16th April, 1993
(M. G. G.. Pt. 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
(Bom. 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.