The Madhya Pradesh Kaneenika Upropan (Corneal Grafting) Adhiniyam, 1982

(1) This Act may be called the Madhya Pradesh Kaneenika 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.

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" in relation to a deceased person means any of the following relatives of the deceased, namely wife, husband, 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 (ii) 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 consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925 (XXXIX of 1925).

(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of his body after his death may, unless such person has reason to believe that the request aforesaid was subsequently withdrawn in Writing or orally in the presence of two witnesses, before his death by the person making such request, authorise the removal of the eyes from the dead body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 removal of the eyes, fo the dead body fo therapeutic n'IDses, if he ha: reason to belieys (a) that the 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person had expressed he fore his death, an objeciOn lo his eyes being so dealt with after his death and had not withdrawn such objections; or (b) that a near relative of the deceased person has objections to the eyes of the deceased person heing o doal!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 intention as is specified in sub-section (1) (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.

(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. (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.

(1) In the case of a dead body lying in a hospital, prison, nursing home or other like institution and not claimed by any of the near relatives of the deceased person, the authority for the removal of the eyes from the dead body which so remaing unclaimed may be given in the form prescribed by rules made under this Act, by the person having for the time being, the control or management of the hospital, prison, nursing home or institution. (2) The authority referred to in sub-section (1) may be given (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: (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.

Where a person has died by accident or unnatural death and his dead body has been sent for post mortem examination for medicolegal purposes, authority for removal of eyes from such dead body may be 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 withdrawn his consent, if such consent was given during his life time.

(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) The Medical practitioner authorised to remove the eyes from the body of a deceased person under sub-section (1), shall, he fore such rennoval, satisfy himself by personal exAmination of the body thnt life i s e x t i n c t . (3) 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 institution approved by the State Government. Explanation,-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 procedure in the Ophthalmology department of an institution approved or notified by the State Government.

(1) Nothing in the foregoing provisions of this Act shall be cons-lied as rendering unlawiul any dealing with the body or with any part of body of a deceased person if such dealing would have been lawful if this 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).

No suit, prosecution or other legal proceedings shall lie against Any approved institution or any person for anything which is in good faith done or intended to be done under this Act.

(1) The State Government may make rules for carrying out the provisions of this Act. (2) All rules made under this Act shall be laid on the table of the Legislative Assembly.

The Madhya Pradesh Corneal Grafting Act, 1964 (No. 6 of 1964) is hereby repealed.