Rajasthan Corneal Grafting Act, 1982
No: 1 Dated: Jan, 11 1984
The Rajasthan Corneal Grafting Act, 1982
Act No. 1 of 1984
An Act to make provision for the removal and use of eyes of deceased persons for therapeutic and research purposes.
Be it enacted by the Rajasthan State Legislature in the Thirty-third Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Corneal Grafting Act, 1982.
(2) It extends to the whole of the State of Rajasthan.
(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, appoint in this behalf and different dates may be appointed for different areas
2. Definitions. - In this Act, unless the context otherwise requires:-
(a) "approved institution" means a hospital or a medical teaching or research institution for therapeutic purposes approved by the State Government for the purposes of this Act;
(b) "near relative" in relation to a deceased person means any of following relatives of the deceased, namely, wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the deceased-
(i) by lineal or collateral consanguinity within six degrees in lineal or collateral relationship; or
(ii) by marriage either with the deceased or with any relative specially mentioned in this clause or with any other relative within aforesaid degrees;
(c) "registered medical practitioner (ophthalmic)" means medical practitioner who possesses any recognised medical qualifications defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, and possesses a post-graduate qualification in Ophthalmology or a certificate showing that he had received training in enucleation procedure in the Ophthalmic Department of a hospital or teaching institution for therapeutic purposes approved by the State Government in this behalf and who is enrolled on a State Medical Register as' defined in clause (k) of the said section;
(d) "unclaimed body" means the body of a deceased person who has no near relative or which has not been claimed by any of his near relatives within such time as may be prescribed.
3. Removal of eyes of deceased person. - (1) If at any time, any person has expressed a request in writing, in the presence of two or more witnesses of whom atleast one shall be a near relative of such person that his eyes be used for therapeutic or research purposes after his death, the person lawfully in possession of his body after his death, may, unless such request had been subsequently withdrawn, authorise in writing the removal of the eyes from the body for the said purposes.
(2) Where any such request has been expressed by any person orally in the presence of two or more witnesses during his last illness, the person lawfully in possession of the body of the deceased may, unless he has reason to believe that the request was subsequently withdraws, authorise in writing the removal of the eyes from the body for the purposes aforesaid.
(3) without prejudice to the provisions of sub-sections (1) and (2), the person lawfully in possession of the body of a deceased person may authorise in writing the removal of the eyes from the body for the purposes aforesaid unless he 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.
(4) The eyes of a still-born child may be removed for the aforesaid purposes with the consent of his parent or her parent, as the case may be.
(5) 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 of the deceased person and their use for the purposes aforesaid; but not such removal shall be effected except by a registered medical practitioner (ophthalmic) who has satisfied himself by a personal examination of the body that life is extinct.
(6) After the removal of the eyes from the body of the deceased person, the registered medical practitioner (Ophthalmic) shall take such steps for the preservation of the eyes so removed as may be prescribed.