GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act LIV of 1980 THE WEST BENGAL CORNEAL GRAFTING (AMENDMENT) ACT, 1980. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 13th February, 1981.] West Ben. Act XIX of
1965. [I 3th February, 198L] An Act to amend the West Bengal Corneal Grafting Act, 1965. WHEREAS it is expedient to amend the West Bengal Corneal Grafting Act, 1965, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Corneal Grafting short title (Amendment) Act, 1980. and commencement.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the West Bengal Corneal Grafting Act, 1965 (hereinafter referred to as the principal Act), after the Explanation to clause (3), the following clause shall be inserted: `(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;'. Amendment of section 2 of West Ben. Act XIX of
1965. 253 The West Bengal Corneal Grafting (Amendment) Act, 1980. [West Ben. Act (Sections 3, 4.) Insedion of new section 2A. Amendment of section 3
3. After section 2 of the principal Act, the following section shall be inserted:- -Form of request 2A. Where admission of a patient to a hospital, to be signed at the time of nursing home or other institution is sought for, the person admission. 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.".
4. In section 3 of the principal Act,— { 1) in clause (I), the word "or," shall be added at the end;
(2) after clause (1), the following clause shall be inserted:— "( IA) where a request in the prescribed form has been made under section 2A, then after the death of the patient, 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 eyes from the body of the deceased for use for therapeutic purposes;";
(3) in clause (2),—
(a) for the word, brackets and figure "clause (1)", the words brackets, figures and letter "clauses (I) and ( IA)" shall be substituted,
(b) after the words "person may", the words, figure and letter ", subject to section 3A," shall be inserted;
(c) sub-clause (b) shall be omitted.
(4) the Explanation shall be omitted. 254 The West Bengal Corneal Grafting (Amendment) Act, 1980. LIV of 1980.] (Section 5.)
5. After section 3 of the principal Act, the following sections shall be inserted:— "Claiming 3A. (1) The body of a deceased person lying in any of dead bodies, hospital, prison, nursing home or other institution shall be claimed within one hour and a half from the time of death in case there is no facility for cold storage of the dead body, or within six hours from the time of death where facilities for the cold storage of the dead body are available.
(2) If the body is not claimed within the period referred to in subsection (1) and if the person having the control and management of the hospital, prison, nursing home or other instituton, as the case may be, considers that the removal of the eye or eyes from the body of the deceased may be authorised, he shall give the authority for such removal in such form as may be prescribed. Grant of 3B. On removal of the eye or eyes from the body of the certificate on deceased person for use for therapeutic purposes, the person removal of eyes. who removed the eye or eyes shall grant a certificate in such form as may be prescribed.". Insertion of new sections 3A and 3B. • 255 Page 1 Page 2 Page 3