LexThe Tamil Nadu Kidneys (Authority for use for Therapeutic Purposes) Act, 1987
Tamil Nadu · state statute
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The Tamil Nadu Kidneys (Authorities for Use for Therapeutic Purposes) Act,
1987
Act 33 of 1987
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~irle fc)r ilre 11.w ol Kidrrcys of clcc~.rr\c!d perjot1.s for
tlt~repe~t tic lyrrrpow s lord for iitnt te~s CCO)?IIPC~C~ fhtrtlvith, k
the Sfnte of [mrnit ;^lrtqdu.
tlf? it eusctetl hy tJ~c Legislative 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. I
(3) It shall coma .into force c?rl st-lck date as the G,ovcrnment
nlay, by rotifiuatioa, appoint.
2. Definitions.-In this Act, unless the context otflerwise
require^,-
(1) '' GOVCIII~~CJ~~ '' 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 ;
I
(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.ied NC~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
?:ison) u,~eq~icocaJly luthorisocl, at any time r s a, the
I "
I .;r 0. fi I.;dne:;i! ~fter 3.2 5:?h, fr thcrip:v4::. 3t.,plfg*: lw.h .-.- - - L-?&!:ti 3 *Ak :z&-a;,h~s rp',, f~!.! $,, hC; f;)~ fj{,f#,,f), ,*, s., .. rtt -.-. g -8 ..I
,...>ep 2-.,?-:f!:/ jp ,?4?;%97[la fjf ~h:: (t?h.i , f 1 ,f,bf &[I, .?! -----
(A Gr;. ifp) TV-2 Ex. (4581-3
180 . . V~IL NADU 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
&,ed medical practitioner all reasohable facilitis for the re
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, '~der subsection (2), shall be sufficient warrant for the
removal, fer thed:p~utic purposes, of tlhe kidney's from the body of
the' deceased pexiion.
4. Removal of kidneys 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.
: ' (2) No authority for the removal of kidneys from the body of
a 8aacrrssd person 'shall be given by a person to whom such body
has bca catrusted solely for the purpose of internment, cremation .
.r other disposal. . .
5. Authority for re~~v~o-i~nl of kid~tzeys in case of unclaimed bodies
in bspital er prZson.-- ( 1 ) Tn the case ot a dead body lying in a
h~sjifP1 sr prison and not claimed by any-of the near relatives of the,
de&iscd pson, t!he authority for ;the removal of the kidneys from
the *dead bdy which so remains unclaimed may be given, subject
t+,&&pre'%e~s d sub-secdon (21, in the prescribed form, by the
pe& h. olpargc; for the time being', of the managurnant or matre1 :
of the hesfitail or prison or by an employee of such hqibl er pris
authorised in this behalf . a by the percon 'in charge of $he managemen
3miitiol thereof. .
-- --
F*
TAMIL NADU GOVERNMENT GAZETTE eXTRAORDmmn 181 l
it - ---- __ l_l__--l--. -
(2) The authority relerrocl to in si~b-section (1) shall not be
given except after the expiry oi such lime as may be prescribed. ,
(3) No authority shall be given under sub-section (1) if the
person empowered to give such authority has reason to believe that
any near relative of the deceased person is likely to claim the dead
body eventhough such near relative has not cbme forward to claim
;he body of tl~c deccasetl person within ihe time specified.
E,~planatim.-For the purpotses of this section, " hospital "
includes a nursing home, medical or tzaching institution for thera-
peutic purposes or other like institution.
6. AtitFzority for rerv!ovul of kidrzeys from bodies sent for post-
rnortern exanzi~tatiorz for meclicc-legal or patholo,q,ical p1rrposes.-
Where the body 3f a person has been sent for post-mortem
examination- >
((i) for meclicc-legal purposes by reason of the death of such
person having bzcn cnuscd by accident ok any other unnatural
cause ; or
(1)) for pathological purposes,
the person competent under this Ad to give authority for the removal
of the kidneys from such dead body may, if he has reason to believe
that the kidneys will not be required for the purpose for which sulch
body has bcen sent for post-mortem examination, authorise the
removal fok therapeutic Iwrpoaes, of the kidneys of such deceased
person provided that he is satisfied that the deceased person had not
expressed, before his death, any objection to his kidneys being used
for therapeutic purposes after his death or, where he had granted
an authority for the use of hls kidneys for therapeutic purposes
after his death, such authority had not been revoked by him bedom
his death. , I' I 1, I;
7. Removal of kidneys to be made by registered medicd
practitioner and in pre.rt.,ice of police ofi~er.-N~ removal of
kidneys under this Act shall be made,-
(i) l)y any person othl=r than a register(;d medical practitioner
\l;ho had sa!i:;ficd himself, before such ren-io-val, by a personal
examination of the body from which kidne-js are io be removed,
that life is extinct in such hady ; and
1
I
(ii) except in the presence of a police oilicer not below the
rank of a Sub-Inspector of Police.
-u?q
. . ------ -----
8. Preservation arzcl dcyo~it of kidrleys re~t~olvil fro111 dead .-
bodies.-After the removai of the kidneys from the body of a
dwased person, the registered medical practitioner shall take such
steps as nlay be prescribed fbr the preservation of the kidneys so
removed and deposit the same in virh Government Kidneys Bank
sirnay be specified in the rules.
9, Saving.-(I) Nothing in the foregoing provisions oi this Aet
shall be construed as rendering unlawful any dealing with be bedy,
or with any part of the body, of a deceased person if so.:h dealing
would have been lawful if this .Act had not been passed.
(2) Neither the grant of any facility or authority for the
removal of kidneys from the body of a deceased person in
accordance with the provisions of tihis Act nor the ~*en?oval of
kidneys from the body of a deceased p~sq in pursucnce of such
authority' shall be deemed to be an offence punishable under
section 297 of the Indim Penal Code (Central Act XLV of 1860).
10. Protection of action taken in good faith>.-No suit, prosecution
or other lea proceeding shall lie- against any person for anything
which is in good faith done or intended to be done under this Act.
11. Power ,to make rules.-(1 ) The Government may make rules
to carry out the purposes of this Act.
(2) In particular, an8 without prejudice to the generality of tba
foregoins power, such rules may provide for all or any of the follow-
ing matters, namely :--
(a) the form ill which rernov-! rf kidneys from unclaipled
bodies may be authorised, as required by section 5 ;
(b) the preservation qf removed kidneys, as required bv
section 8 ;
(c) the publicity which may be given to the provisions ana
objects of this Act; a
(d) any other matter which is to be, or may be, provided
far by rules under this Act.
' (31 All rules nmdr under this Aet sksU be published in Nc
Tamil Nadu Government Gaze& and unl- they ore ~,qr~s'sd
come into foncb on a prticular day, shall come inte fm on ~e
m- cu which they a3 kf! pubE@pde
TAM
-
-\
after
and
the I
' rule
ntle:
I no el
I hn
'anyth
I
I AM1'1, NADU GOVERNMENT GAZETTE EXTItQORDZNARY 183
i --
(4) Evzry rule made under this Act shall, as soon as possible
after it is made, be placed on the tabla of the Legislative Assembly
and if before the expiry of tha session in ahich it is so placed or
the next session, the Assembly makes any modification in any such
rule or the Assembly decides that the rule should not be made, the
rule shall thereafter have eEect only ih such modified form or be Q€
no effect, as the cass may be, so, however, that any such modifica-
tion or annulment shall be without prejudice to the validity of
anything previously done under that tule.
(By order of the Governor)
S. 'srADIVELU,
Comnzissi~rzer and Secretory to Gove~nnzent,
Law Department.
-----I
PK&&& A* PUBLISHED BY THI D~O'l'OB OR' STAqONIOaY AND PBINTm
I
I MADRAS, ON BFHALF OF THP BOVRRNMElPT OF TAMIL HADV