(1) This Act may be called the West Bengal Corneal Short title Grafting Act, 1965. - extent and commence
(2) It extends to the whole of West Bengal. ment.
(3) This section shall come into force at once and the remaining provisions of this Ac,t 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. In this A(it, unless there is anything repugnant in the Definitir DA, 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 102 of Indian Medical Council Act, 19'56, registered
1956. 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;
Price—Indian, 20P.
10- 2 The West Bengal Corneal Grafting Act, 1965.
West Ben. Apt (Section 3.)
(3) "near relative" in relation to a deceased . person means any of the following 'relatives of the deceased, that is to 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;
(4) "prescribed" means prescribed by rules made under this Act.
39 of 192- Authority for rem°.
v3,1 of eyes of deceased persons.
3.. Save as hereinafter otherwise provided in this Act,—
(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 then, after his death, the person lawfully in possession of the body of the deceased person may, unless he has reason to believe that such request was subsequently withdrawn, authorise the removal of the eyes from the body of the -deceased -for use for those purposes;
(2) without prejudice to the provisions of clause (1), the person .lawfully in possession of the body of a deceased person may authorise the removal of the eyes from the body of the deceased for use for the purposes aforesaid unless such 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
(h) that a near relative of the deceased objects to the deceased's eyes being so dealt with.
Exptanation.—In this section the expression "person lawfully in possession of the body" of a deceased person 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 but includes, in the case of the body of a deceased person lying in any. hospital, prison, nursing home or other institution and not claimed by A ot,XLV of 1860.
The West Bengal Corneal Grafting Act, 1965. 3 x x ot1965, (Sections 4-8 . ) any near relative of the deceased person within such time as may be prescribed, the person having the control and management of such hospital, prison, nursing home or other institution, as the case may be.
4. Authority for the 'removal of the eyes from the body Authority of any deceased person shall not be given under section 3 not to be if the person empowered thereunder to give such authority revrtseniomeir:
knows or has reason to believe that an inquest may be eamsta, required to be held on the body in accordance with the ees.
provisions of any law for time being in force in that behalf.