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Haryana Corneal Grafting Act, 1974
Haryana Act No. 25 of 1974
hl101
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LEGISLATIVE HISTORY 6 |
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Object & Reasons6 |
(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 -
(i) by lineal or collateral consanguinity within three degrees in lineal relationship and six-degrees in collateral relationship ; or
(ii) by marriage either with the deceased or with any relative specifically mentioned in this clause or with any other relative within the aforesaid degrees.
Explanation. - The expression "lineal and collateral consanguinity" shall have the meanings assigned to them respectively in sections 25 and 26 of the Indian Succession Act, 1925 ; 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 [at least one of whom is a near relative of such person] during his last illness, has expressed a request that his eyes be used for therapeutic purposes after his death, the persons lawfully in possession of his body after his death, may, unless he has reason to believe that the request was subsequently withdrawn, authorise [a requested medical practitioner (ophthalmic) for] the removal of the eyes from the body for use for those purposes.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believe -(a) that the deceased had expressed an objection to his eyes being so dealt with after his death and had not withdrawn such objection ; or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 persons shall be sufficient warrant for the removal of the eyes from the body and their use for the purpose aforesaid; but no such removal shall be effected except by a registered medical practitioner [(ophthalmic)] working in an approved institution who had 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 interment or cremation. [6. Authority for removal of eyes in case of unclaimed bodies. - (1) In case of a dead body lying in an approved institution or prison and not claimed by any of the near relatives of the deceased person, the person in charge, for the time being, of the management or in control of the approved institution or prison or by an employee of such approved institution or person, authorised in this behalf by the person in charge of the management or control thereof may give authority for removal of the eyes from the dead body in the form prescribed. (2) The authority under sub-section (1) shall not be given except after the expiry of-(i) half an-hour from the time of death of the concerned person in cases where no facility for cold storage of the dead body is available in the approved institution or prison ; or
(ii) two hours from the time of death of the concerned person in cases where facility for cold storage of the dead body is available in the approved institution or prison.
(3) No authority under sub-section (1) shall be given if the person empowered to give such authority has reason to believe that any near relative of the deceased is likely to claim the dead body even though such near relative his not come forward to claim the body of the deceased within the time specified in clause (i) or clause (ii) of sub-section (2), as the case may be.] [6A. Authority for removal of eyes from bodies sent for post-mortem. - Where the body of a person has been sent for post mortem examination -(a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause ; or
(b) for pathological purposes, the person competent under this Act to give authority for the removal of the eyes from such dead body may, if he has reason to believe that the eyes will not be required for the purpose for which such body has been sent for post mortem examination, authorise the removal for therapeutic purposes. of the eyes of such deceased person ; provided that he is satisfied that the deceased person had not expressed, before his death, any objection to his eyes being used for therapeutic purposes after his death or, there he had granted an authority for the use of his eyes for therapeutic purposes after his death such authority had not been revoked by him before his death.]
6B. Preservation of eyes removed from dead bodies. - After the removal of the eyes from the dead body, the registered medical practitioner (ophthalmic) shall take such steps for the preservation of the eyes so removed as may be prescribed." 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) Neither the grant of any authority for the removal of eyes from the dead body in accordance with the provisions of this Act nor the removal of eyes from the dead body in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code, 1860]. [7A. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done; under this Act.]. 8. Repeal. - The Punjab Corneal Grafting Act, 1963 (Punjab Act 13 of 1963), in its application to the State of Haryana, is hereby repealed. [9. Power to make rules. - (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-(a) the form of authority under Section 6 ;
(b) manner of preservation of removed eyes, under section 6-B ;
(c) any other matter which is required to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of State Legislative Assembly while it is in sessions, for a total period of thirty days which may be comprised in one sessions or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive session aforesaid, the House agrees in making any modification in the rules or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule.]
