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Section 5: Authority for re~~v~o-i~nl of kid~tzeys in case of unclaimed bodies in bspital er prZson

The Tamil Nadu Kidneys (Authority for use for Therapeutic Purposes) Act, 1987State Act of Tamil Nadu · Act 33 of 1987

( 1 ) Tn the case o t a dead body lying in a h~sjifP1 sr prison and not claimed by any-of the near relatives of the, de&iscd p s o n , t!he authority for ;the removal of the kidneys from the *dead b d y 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 h q i b l er pris authorised in this behalf . a by the percon 'in charge of $he managemen 3mi i t io l thereof. .

-- -- F* TAMIL NADU GOVERNMENT GAZETTE eXTRAORDmmn 181 l i t - ---- _ _ 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 t l~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 therapeutic purposes or other like institution.

6 . AtitFzority for rerv!ovul of kidrzeys from bodies sent for postrnortern 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 A d 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 o f i ~ e r . - 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 . . ------ -----

Where this provision sits

ActThe Tamil Nadu Kidneys (Authority for use for Therapeutic Purposes) Act, 1987
Section5
Marginal noteAuthority for re~~v~o-i~nl of kid~tzeys in case of unclaimed bodies in bspital er prZson
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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