West Bengal Corneal Grafting Act, 1965
No: 19 Dated: Aug, 11 1965
THE WEST BENGAL CORNEAL GRAFTING ACT, 1965
West Bengal Act XIX of 1965
An Act to make provision with respect to the removal and use for therapeutic purposes of eyes of deceased persons.
Whereas it is expedient to make provision with respect to the removal and use for therapeutic purposes of eyes of deceased persons;
It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Corneal Grafting Act, 1965.
(2) It extends to the whole of West Bengal.
(3) This section shall come into force at once and the remaining provisions of this Act shall come into force in such area and on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for this purpose in respect of different areas.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "approved institution" means any hospital or other institution approved by the State Government by notification in the Official Gazette for the purposes of this Act;
(2) "authorised medical practitioner" means a medical practitioner possessing any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956, registered under any law for the time being in force in any State regulating the registration of practitioners of medicine and attached to, or employed in, an approved institution;
(3) "near relative" in relation to a deceased person means any of the following relatives of the deceased, that is to say-
wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the deceased-
(i) by lineal consanguinity within three degrees, or by collateral consanguinity within four degrees, or
(ii) by marriage with any of the aforesaid relatives.
Explanation. - In this clause the expressions "lineal consanguinity" and "collateral consanguinity" have the same meanings, respectively, as in the Indian Succession Act, 1925;
(3a) "person lawfully in possession of the body" includes a near relative of the deceased person and, in the case of the body of a deceased person lying in a hospital, prison, nursing home or other institution, the person having the control and management of such hospital, prison, nursing home or other institution, as the case may be, but does not include a person who has been entrusted with the body of a deceased person solely for the purpose of its interment, burial, cremation or disposal in any other way.
(4) "prescribed" means prescribed by rules made under this Act.
2A. Form of request to be signed at the time of admission. - Where admission of a patient to a hospital, nursing home or other institution is sought for, the person in charge of admission of the patient to such hospital, nursing home or other institution shall impress on the patient or, if the patient is incapable of making a judgment, the person accompanying the patient, the implication and necessity of donation of the eyes of the patient to be used for therapeutic purposes in the event of death of the patient. A prescribed form of request shall be presented for signature of the patient or the person accompanying him. The form of request signed by the person accompanying the patient shall be deemed to have been signed on behalf of the patient and shall have the same effect as if signed by the patient himself:
Provided that it shall not be obligatory on the part of the patient or the person accompanying him to sign such a form for admission of the patient to the hospital, nursing home or other institution.