The Chhattisgarh Kaneenika Upropan (Corneal Grafting) Adhiniyam, 1982.

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Sections 

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qu{ rT, fratz 17 TÉ 1982 

THE MADHYA PRADESH KANEENIKA UPROPAN (CORNEAL 

2. Definitions. 

rTIA, fa0F 16 771z 1982 

MADHYA PRADESH ACT 

No. 21 of 1982 

1. Short title, extent and commencement. 

GRAFTING) ADHINIYAM, 1982 

10. 

3. Authority for removal of eyes of deceased persons. 

8. Savings. 

TABLE OF CONTENTS 

4. Removal of eyes not be authorised in certain cases. 5. Authority for removal of eyes in the case of unclaimed bodies in certain institutions. 

6. Authority for removal of eyes from boclies sent for the post mortem for medicolegal purposes. 7. Registered Medical practitioner alone may remove eyes. 

11 Repeal. 

7.4.a. 

Protection of ation taken in good faith. 
Power to make rules. 



qT, fS 17 Mt 1982 

MADHYA PRADESH ACT 

No. 21 of 1982 

THE MADHYA PRADESH KANEENIKA UPROPAN (CORNEAL. 

GRAFTING) ADHINIYAM, 1982 

[Received the assent of the Governor on the 7th July, 1982; assent first 

published in the "Madhya Pradesh Gazette (Extraordinary)", dated 

the 17th July, 1982.) 

An Act to provide for the use of eyes of deceased persons for therapeuie 

purposes, and for matters connected therewith or incidental thereto 

Be it enacted by the Madhya Pradesh Legislature in the Thirty 
third Year of the Republic of India as follows 

1. (1) This Act may be called the Madhya Pradesh Kaneenika Short title 
Upropan (Corneal Grafting) Adhiniyam, 1982. 

(2) It extends to the whole of Madhya Pradesh. 

(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 

2. In this Act, unless the context otherwise requires, 
(a) "approved institution" means a hospital or a medical or teach ing 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 the following relatives of the deceased, namely wife, hus band, 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 
(i) 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 expressions "lineal and collateral con sanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925 (XXXIX of 1925). 
3. (1) If any person had, either in writing or orally in the presence of two or more witnesses atleast one of whom is a near relative, at any ime before his death expressed an unequivocal request that his eyes be used for therapeutic purposes after his death, the person lawfully in possession of his body after his death may, unless such person has reason to believe that the request aforesaid was subsequently withdrawn in Writing or orally in the presence of two witnesses, before his death by the person making such request, authorise the removal of the eyes from the dead body of the person making such request for therapeutic 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. 

tent and 

mencement. 

Definitions, 

COm 

Authority for re 
moval of eyes or 
deceased persons. 



246 

Removal of eyes 
not be authorised 
in certain cases. 

T'emoval of the eyes, fo the dead body fo therapeutic n'IDses, m Ihe ha: reason to belieys 

iOr the post 

moriem for 

medicolega! 

purposes. 

frat, 17 a1 1982 

() hat he deeeased person had expressed he fore his death, an 
objeciOn lo his eyes being so dealt with after his death and had not withdrawn such objections; or 

(3) An authority given under this section in respect of any deceased person shall be sufficient warrant for the rernoval of 1he eyes frorn the body of the deceased person and its use for therapeutic purposes. 

(b) that a near relative of the deceased person has objections to 
the eyes of the deceased person heing o doal! with except where the person before his death had expreced such inten tion as is specified in sub-section (1) 

4. (1) No authority for the removal of eyes shall be given under 

Section 3 of the person competent to give such authority has reason to 
believe that an inquest may be required to be held on the body of the 
deceased person in pursuance of the provisions of any law for the time 
being in force. 

Authority for re 
moval of eves 

(2) No authority for the removal of eyes from the body of a deceased 
person shall be given by a person to whom such body has been entrusted 
solely for the purpose of interment, cremation, burial or disposal 
otherwise. 

Authority for re- 5. (1) In the case of a dead body lying in a hospital, prison, nursing 
moval of eyes in home or other like institution and not claimed by any of the near rela 
the case of un- tives of the deceased person, the authority for the removal of the eyes 

claimed bodies in from the dead body which so remaing unclaimed may be given in the 

certain institu- form prescribed by rules made under this Act, by the person having for 

tions. 
the time being, the control or management of the hospital, prison, nursing 
home or institution. 

iegistered Medi 

cal practitioner 

alone may re 

move eyes. 

(2) The authority referred to in sub-section (1) may be given 

6. 

(i) after the expiry of 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 hospital, prison, nursing 

home or other like institution: 

Where a person has died by accident or unnatural death and his 

dead body has been sent for post mortem examination for medicolegal 

from bodies sent purposes, authority for removal of eyes from such dead body may be 

(ii) after the expiry of two hours from the time of death of the 

concerned person, in cases where the facility for cold storage 

of the dead body is av¡ilable in the hospital, prison, nrsing 

home other like institution. 

given by the person competent to give such authority under this Act, if 

he lhas itason to belleve ihat the eyes will not be required for medicolegal 

purposes and the deceased had not expressed any objection to his eyes 

being used for therapeutic purposes after his death and had not with 

drawn his consent, if such consent was given during his life time. 

7, (1) No person other than a registered medical practitioner attached 

to, or employed in any approved institution, shall remove the eyes from 

the body of a deceased person. 



(2) 
e Medical practitioner authorised to remove the eyes from the body of a deceased person under sub-section (1), shall, he fore such 

rennoval, 

is extinct. 

satisfy himself by personal exAmination of the body thnt life 

After removal of the eyes from the body of a deceased person, the medical practitioner shall keep it in such receptacle for preservation, 

As may be prescribed, before its delivery to the Eye Bank of an institu-
tion 

approved by the State Government. 

Erplanation,--In this section "registered medical practitioner" 
means a medical practitioner who pOSsesses a postgraduate 
qualification in Ophthalmology or who possesses a certificate 
showing that he has received training in enucleation proce 
dure in the Ophthalmology department of an institution 
approved or notified by the State Government. 

8. (1) Nothing in the foregoing provisions of this Act shall be cons- Savings. 
L1ed as rendering unlawiul any dealing with the body or with any part 

# body of a deceased person if such dealing would have been lawful if 

+his Act had not been passed. 

(2) Any authority for the remnoval of eyes from the body of a 

deceased person given in accordance with the provisions of this Act and 

ony removal of eyes from the body of a deceased person in pursuance of 

Such authority shall not be deemed to be an offence punishable under 

section 297 of the Indian Penal Code, 1860 (Na. 45 of 1860). 

9. No suit, prosecution or other legal proceedings shall lie against Protection of 

Any approved institution or any person for anything which is in good action taken in 

faith done or intended to be done under this Act. 
good faith. 

rules. 
10. (1) The State Government may make rules for carrying out the Power to muke 

provisions of this Act. 

(2) All rules made under this Act shall be laid on the table of the 

Legislative Assembly. 

I24) 

11. The Madhya Pradesh Corneal Grafting Act, 1964 (No. 6 of 1964) Repeal. 

is hereby repealed. 



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