The Gujarat Corneal Grafting Act, 1957

Gujarat Corneal Grafting Act, 1957 

1957 : Bom. XXXIII] 

 

 

 

 

GOVERNMENT OF GUJARAT 

 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS 

DEPARTMENT 

BOMBAY ACT NO. XXXIII OF 1957 

THE GUJARAT CORNEAL GRAFTING ACT, 1957 

(As modified upto the 31st May, 2012) 



Gujarat Corneal Grafting Act, 1957 

1957 : Bom. XXXIII] 

 

THE GUJARAT CORNEAL GRAFTING ACT, 1957. 

.................................... 

CONTENTS 

PREAMBLE PAGE 

 NO. 

SECTIONS. 

1. Short title, extent and commencement. 1 

2. Definitions.   1 

3. Removal of eyes of deceased person. 1 

4. Authority when not to be given. 2 

5. No authority for removal of eyes when body in entrusted to 2 

 person by another only for cremation, etc. 

6. Authority or remove eyes, when body is lying in approved 2 

 institution. 

7. Saving.    2 

 

 

 

 

 



Gujarat Corneal Grafting Act, 1957 

1957 : Bom. XXXIII] 

BOMBAY ACT No. XXXIII OF 1957.1 

[THE GUJARAT CORNEAL GRAFTING ACT, 1957.] 

[4
th  September, 1957] 

An Act to make provision with respect to the use of eyes of decreased persons for the 
therapeutic purposes ; 

WHEREAS it is expedient to make provision with respect to the use of eyes of 
deceased persons for therapeutic purposes; It is hereby enacted in the Eighth year of 

the Republic of India as follows :– 

1. (1) This Act may be called the $[Gujarat] Corneal Grafting Act, 1957. 

 (2) It extends to the whole of the State of Bombay. 

 (3) It shall come into force on such date and in such area or areas as the 
State Government may, by notification in the Official Gazette, specify in 
this behalf. 

2. In this Act, unless the context otherwise requires- 

 (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 (a) by lineal or 
collateral consanguinity within three degrees in lineal relationship and 
six degrees in collateral relationship, or (b) by marriage either with the 
deceased or with any relative specifically mentioned in this clause or 
with any other relative within aforesaid degrees. 

Explanation.-The expressions “Lineal and Collateral consanguinity” shall have the 
meanings assigned to them in the Indian Succession Act, 1925. 

 (c) “registered medical practitioner” means a practitioner practicing any 
system of medicine and recognized as a registered medical practitioner 
under any law for the time being in force in India. 

Short title, extent 

and 

commencement. 

Definitions. 



Gujarat Corneal Grafting Act, 1957 

1957 : Bom. XXXIII] 

3. (1) If any person either in writing at any time, or orally in the presence of 
no or more witnesses during his last illness, has expressed a request 
that his eyes be for therapeutic purposes after his death, the person 
lawfully in possession of his after his death may, unless he has reason to 
believe that the request was subsequently withdrawn, authorize the 
removal of the eyes from the body 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 authorize 
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 be so dealt with. 

 (3) An authority given under the provisions of this section in respect of an 

deceased person shall be sufficient warrant for the removal of the eyes 

from the body and their use for the purposes aforesaid ; but no such 

removal shall be effect except by a registered medical practitioner 

working in an approved institution who has satisfied himself by a 

personal examination of the body that the is extinct. 

4. The authority for the removal of the eyes shall not be given under section if the 

person empowered to give such authority has reason to believe that it inquest 

may be required to be held on the body in accordance with the provisions any 

law for the time being in force in that behalf. 

5. No authority for the removal of eyes shall be given under section 3 in response 

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. In the case of a body lying in an approved institution any authority for removed 

of eyes under this Act may be given on behalf of the person having the control 

or management of the approved institution by any officer or person designated 

in that behalf by the first mentioned person. 

7. (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 

Removal of eyes of 

deceased person. 

Authority when not 

to be given. 

No authority for 

removal of eyes 

when body is 

entrusted to person 

by another only for 

cremation, etc. 

authority to 

remove eyes, when 

body is lying in 

approved 

institution. 

Saving 



Gujarat Corneal Grafting Act, 1957 

1957 : Bom. XXXIII] 

deceased person which would have been lawful if this Act had not been 

passed. 

 (2) Any authority for the removal of eyes given in accordance with the 

provisions of this Act shall not be deemed to be contravention of the 

provisions of section 297 of the Indian Penal Code. 

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1. For Statement of Objects and Reason, see Bombay Government Gazette, 1957, Part V, page 

142. 

$ The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011.