The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 77] NEW DELHI, MONDAY, APRIL 27, 1964/VAISAKHA 7, 1886
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 24th April 1964
G.S.R. 675.—In exercise of the powers conferred by section 2 of the Union territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union territory of Delhi, the Bombay Corneal Grafting Act, 1957 (Bombay Act 33 of 1957), as at present in force in the State of Maharashtra, with the fol- lowing modifications, namely:—
Modifications
(1) Throughout the Act, for the expression "State Government" wherever it occurs, the expression "Chief Commissioner of Delhi" shall be substituted,
(2) In section 1,
(a) in sub-section (2), for the words "State of Maharashtra", the words "Union territory of Delhi" shall be substituted; and
(b) in sub-section (3), for the words "Official Gazette", the words "Delhi
Gazette" shall be substituted.
(3) Section 8 shall be omitted.
ANNEXURE THE BOMBAY CORNEAL GRAFTING ACT, 1957 AS EXTENDED TO THE UNION TERRITORY OF DELHI (BOMBAY ACT NO. 33 OF 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 OP 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 Union territory of Delhi.
(3) It shall come into force on such date and in such area or areas as the Chief Commissioner of Delhi may, by notification in the Delhi Gazette, specify in this behalf.
452 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-SEC. 8(i)] 2. Definitions.—In this Act, unless the context otherwise requires (a) "approved institution" means a hospital or a medical or teaching institu- tion therapeutic purposes approved by the Chief Commissioner of Delhi 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 rela- tionship 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 1926 (XXXIX of 1925).
(c) "registered medical practitioner" means a practitioner practising any system of medicine and recognised as a registered medical practi- tioner 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'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 insti- tution who has satisfied himself by a personal examination of the body that life is extinct.
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, 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 internment 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 deceas- ed 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 provi- sions of this Act shall not be deemed to be contravention of the provisions of section 297 (XLV of 1860) of the Indian Penal Code.
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