The Punjab Corneal Grafting Act, 1963

(1) This Act may be called the Punjab Corneal Grafting Act, 1963. (2) It extends to the whole of the State of Punjab. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,— (a) “approved institution” means a hospital, a medical college or an 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 or sister and includes any other person who is related to the deceased (i) by affinity or adoption, or (ii) by consanguinity within the third degree.

(1) If any person, either in writing at any time, or orally in the presence of two or more witnesses during his last illness, has expressed a request that his eyes be used for therapeutic purposes after his death, the person lawfully in possession of his body after death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the eyes from the body for use for those purposes.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 authorise the removal of the eyes from the body for the purpose 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believe— (a) that the deceased had expressed an objection to his eyes being so dealt with after his death, and had not withdrawn it; or (b) that the surviving spouse or any near relative of the deceased objects to the deceased's eyes being so dealt with. (3) An authority given under the provisions of this section in respect of any deceased person shall be sufficient warrant for the removal of the eyes from the body and their use for the purposes of this Act.

No eye shall be removed by a person from the body of a deceased person if such person has reason to believe that the deceased person has expressed an objection to his eyes being so dealt with after his death or where the surviving spouse or any near relative of the deceased person has objected to the removal of the eyes.

In the case of a dead body lying in an approved institution and not claimed by any of the near relatives of the deceased, the authority for the removal of the eyes from the body of the deceased may be given by the person in charge of such approved institution or by a person authorized by him in this behalf.

No eye shall be removed from the body of a deceased person except by a registered medical practitioner who has satisfied himself by a personal examination of the body that life is extinct.

No person shall use the eyes of a deceased person for therapeutic purposes, if he has reason to believe that the death of the person is a matter for investigation by the police.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.