Keyword(s):
Near Relative, Registered Medical Practitioner
fhc IPIIOYIJA~Agl 01 the radl Nad?~ L.eg’~slative hsscn~bly
rcccivctl the asscllt ~f tkc Govexnor on thc Zlst July 1987 and
iti hereby puhlishcct for gcncral ioformation: –
~
ACT No. 33 OF 1987,
,411 Act I:, prur~irlefc)r ilre 11.w ol Kidrrcys of clcc~.rr\c!dperjot1.s for
tlt~repe~t tic lyrrrpow s lord for iitnt te~sCCO)?IIPC~C~fhtrtlvith, k
the Sfnte of [mrnit ;^lrtqdu.
tlf? it eusctetl hy tJ~cLegislative Asbcrvbly o,f thc State of. l’an~il
‘qadli in Qic ‘.I-hirty-oightk Year of the Repubiic of India ar
follows :-
I. Short title, exletrt crrd conrttrertcenre,!t.-(s ) This Act may be
cnllcd the Tamil Nadu Kidneys (Authority for llse for Therapeutic
Pnrpoges) Act, 1987.
(2) It extends as the nfholc of the State ef YU,-zil Nadu.
(3) It shall coma .into force c?rl st-lck date as the G,ovcrnment
nlay, by rotifiuatioa, appoint.
- Definitions.-In this Act, unless the context otflerwise
require^,-
I
I
(1) ” GOVCIIICJ” 11ieans the lstate Gavel-nment ;
(bj “near rblative”, in relation to a dcceascd person means
3:- person related to him as spouse, parent, soa or daughter ;
(c) “registered mediczl practitioner ” means s medical primti-
tlonel who possesses ally recognised inedical qualification as defined 1
IN clause (h) of section 2 of the Indian Medical Council Act, 1956
!,Central Act 102 of 1956) and who is reghere4 under the provisions
of the Ta.mil.Nadu Mettical Registration Act, 1914 (Tamil Nadu Act
.-.– –
I\’ af 1914).
?A
3, Authority for removal of kidneys ef d~c.i?n.iedNC~SG\IIS.–( 1) If
any person had, either i~ writlag or orally, is the presence of two
or nore witnesses (atleast sne of wh- is a ritar relative of such
I .;r
s a,the
I”
?:ison) u,~eq~icocaJlyluthorisocl, at any time r
,*, - fi I.;dne:;i! ~fter3.2 5:?h, frthcrip:v4::. 3t.,plfg*: lw.h
.?! —– ,…>ep 2-.,?-:f!:/ jp ,?4?;%97[la fjf ~h::(t?h.i , f 1
(A Gr;. ifp) TV-2 Ex.(4581-3
s., .. rtt -.-.g -8L-?&!:ti ..I 3 *Ak :z&-a;,h~srp’,, f~!.!$,, hC; f;)~fj{,f#,,f),
,f,bf &[I,180 . .V~ILNADU GO-MENT
— .-
.—.—-..–
GAZE^ ~’ITRG~WAR’Y
ude~he ha in his possession suEcient evidence to be prociuced
bcfarp registered medical practitioner to the effect that the donor
L subsequcnfly revoked the authorisation aforesaid, grant to a
re&,ed medical practitioner all reasohable facilitis for the
remgy’il, fer therapeutic purposes, of the kidneys from the dead
be8y of the doner.
(2) Where no such authorisation as is referred to in sub-section
(1) was &c
by any person before his death but no objection was
alse expre%’sed by such person to his kidneys being used aftler his
dea~fer therapeutio:purposes, the person lawfullly in possessioil of
*#, badv of the deceased person may, uales9 he has rzason to believe
tKai any near relative d the deceased person has objection to the
ddCC&ed person’s kidneys Wnq. used br therapeutio purposes,.
auaorise the rcLoval d the kidneys of the deceased person for
thgr use ror therapeutic purposes.
h
(3) The aufbol-ity given under: sub-section (I), or, as the case
may be, ‘~dersubsection (2), shall be sufficient warrant for the
removal, fer thed:p~uticpurposes, of tlhe kidney’s from the body of
the’ deceased pexiion. - Removal ofkidneys not to be authorised in certain cases.-(1)
No fadlitie’s shall be granted under sub-section (1) of sectioa 3 and
no authority shall be given under sub-section (2) of that section for
the removal of kidneys from dhe body of a deceased person if the
ptcqea required to grmt such facilities, or empowered to give such
clutberity, bas reason to believe that an inquest may be required to
be held in relation to such body in pursuance of the provisions of
any law for the time ‘being in force.
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