THE KERALA CORNEAL GRAFTING ACT, 1963

ACT 17 OF 1963

THE KERALA CORNEAL GRAFTING ACT, 1963

CONTENTS

Preamble.

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Removal of the eyes of deceased persons.

4. Power to make rules.

Schedule.



ACT 17 OF 1963

THE KERALA CORNEAL GRAFTING ACT, 1963 *

An  Act  to  make  provision  with  respect  to  the  use  of  the  eyes  of  deceased  persons  for
therapeutic purposes in the State of Kerala.

Preamble.—WHEREAS it is expedient to make provision with respect to the use of the
eyes of deceased persons for therapeutic purposes in the State of Kerala;

BE it enacted in the Fourteenth Year of the Republic of India as follows:—

1.  Short  title,  extent  and commencement.— (1) This  Act  may be called the Kerala
Corneal Grafting Act, 1963.

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

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

2. Definitions.— In this Act, unless the context otherwise requires,—

(a)  "approved  institution"  means  an  institution  specified  in  the  Schedule  and
includes any other institution declared by the Government, by notification in the Gazette, to
be an approved institution 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 or sister and includes any other person who is
related  to  the  deceased  (i)  by  lineal  consanguinity  within  three  degrees  or  by  collateral
consanguinity within six degrees or (ii) by marriage with any of the relatives aforesaid.

Explanation.—The expressions "lineal consanguinity" and "collateral consanguinity"
shall have the meanings assigned to them in the Indian Sucession Act, 1925 (Central Act 39
of 1925), and degrees of relationship shall be computed in the manner laid down in that Act.

(c)  "prescribed" means prescribed by rules made under this Act.

3. Removal of the eyes of deceased persons.—(1) If any person, either in writing at any
time or orally in the presence of to or more persons during his last illness, has expressed an
unequivocal request that his eye or eyes be used for therapeutic purposes after his death, the
party lawfully in possession of his body after his death, may, unless, the said party has reason
to believe that the request was subsequently withdrawn, authorise the removal of the eye or
eyes from the body for use for those purposes.

* Received the assent of the Governor on the 15th day of March, 1963 and published in the Kerala Gazette  
Extraordinary No. 45 dated 16th March, 1963.



(2) Without prejudice to sub-section (1),  the party law-fully in possession of the
body of a deceased person may authorise the removal of the eye or eyes from the body for the
purposes aforesaid unless that party has reason to believe:—

(a)  that the deceased had expressed an objection to his eye or eyes being so dealt
with after his death, and had not withdrawn it; or

(b)  that the surviving spouse or any near relative of the deceased objects to the
eye or eyes of the deceased being so dealt with.

(3)  An authority given under this Act in resBillpect of any deceased person shall be
sufficient warrant for the removal of the eye or eyes from the body and its or their use for the
purposes  aforesaid;  but  no  such  removal  shall  be  effected  except  by  a  medical  officer
possessing  the  prescribed  qualifications  and  attached  to,  or  employed  in,  an  approved
institution, who must have satisfied himself by a personal examination of the body that life is
extinct and the eye or eyes shall after such removal be handed over by such medical officer to
the nearest approved institution.

(4)  (a) No authority for the removal of the eye or eyes under this Act shall be given
if the party empowered to give such authority has reason to believe that an inquest may be
required to be held on the body.

(b) Any person who, knowing or having reason to believe that an inquest may be
required to be held over a dead body, gives or abets the giving of any authority under this
Act,  shall  on conviction before a Magistrate,  be liable  to  fine which may extend to two
hundred rupees.

(5) No authority shall be given under this Act in respect of the body of a deceased
person by any person who has been entrusted with the body solely for the purpose of its
interment, burial, cremation or disposal otherwise.

(6) In the case of a body lying in a hospital, prison, nursing home or institution, and
not  claimed  by  any  of  the  near  relatives  of  the  deceased  within  such  time  as  may  be
prescribed, an authority under this Act may be given by the person having the control and
management of the hospital, prison, nursing home or institution or by any person designated
by the first mentioned person in that behalf.

1[(6A) 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

1.  Inserted by Act 21 of 1988 (w.e.f. 17.08.1988)



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, where 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.]

(7) Nothing in this Act shall be construed as rendering unlawful any dealing with the
body of a deceased person, or any part thereof, which would have been lawful if this Act had
not been passed.

4.  Power to make rules.—  (1) The Government may, by notification in the gazette,
make such rules as may be necessary for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made,
before the Legislative Assembly while it is in session for a total period of fourteen days
which may be comprised in one session or in two successive sessions, and if, before the
expiry  of  the  session  in  which  it  is  so  laid,  or  the  session  immediately  following,  the
Legislative Assembly makes any modification in the rule or decides 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  annulment  shall  be without
prejudice to the validity of anything previously done under that rule.

SCHEDULE

[See clause (a) of section 2]

1.  Ophthalmic Hospital, Trivandrum.

2.  District Hospital, Ernakulam.

3.  Medical College Hospital, Calicut.

4. Medical College Hospital, Kottayam

5. Medical College Hospital, Alleppey

6. Medical College Hospital, Trichur

7.  District Hospital, Trivandrum

8.  District Hospital, Quilon

9.  District Hospital, Pathanamthitta

10.  District Hospital, Kottayam

11.  District Hospital, Alleppey

12.  District Hospital, Idukki

13.  District Hospital, Trichur

14.  District Hospital, Palghat



15.  District Hospital, Malappuram

16.  District Hospital, Wynadu

17.  District Hospital, Kozhikode

18.  District Hospital, Cannanore

19.  District Hospital, Kasargod

……..