Maharashtra Kidney Transplantation Act, 1982
No: 12 Dated: Feb, 24 1983
THE MAHARASHTRA KIDNEY TRANSPLANTATION ACT, 1982
ACT No. XII OF 1983
An Act to make provisions for use of kidneys of deceased persons, and for donation of kidneys, for therapeutic purposes
Whereas it is expedient to make provisions for use of kidneys of deceased persons, and for donation of kidneys, for therapeutic purposes and to provided for matters connected therewith.
It is hereby enacted in the Thirty-third Year of the Republic of India as follows;
1. Short title, extent and commencement. - (1) This Act may be called the Maharashtra Kidney Transplantation Act, 1982.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force-
(a) in Greater Bombay, at once; and
(b) in the remaining area or areas in the State, on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different areas.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "approved institution" means a hospital or a medical or teaching institution for the 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, father, mother, son, daughter, brother or sister, and shall not include any other persons;
(c) "registered medical practitioner" means a practitioner practising any system of medicine and recognised as a registered medical practitioner under any law for the time being in force in India.
3. Removal of kidneys of deceased person for therapeutic purposes. - (1) If any person either in writing at any time during his life-time, or orally in the presence of two or more witnesses during his last illness, has expressed a request that his kidneys be used for therapeutic purposes after his death, the person lawfully in possession of his body after his death shall, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the kidneys from the body for these purposes.
(2) Notwithstanding anything contained in sub-section (1), any person lawfully in possession of the body of a deceased person may authorise the removal of the kidneys from the body for the purposes aforesaid, unless that person has reason to believe,-
(a) that the deceased has expressed an objection to his kidneys being so dealt with after his death, and had not withdrawn such objection; or
(b) that a near relative of the deceased objects to the kidneys of the deceased being so dealt with, before such person authorises the removal of the kidneys.
(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 kidneys from the body and their use for the purposes aforesaid; but no such removal shall be effected except by a registered medical practitioner working in an approved institution or by a registered medical practitioner (being a person possessing qualifications in surgery recognised under any law for the time being in force) approved in writing by the State Government or by an officer authorised by it in this behalf, who has satisfied himself by a personal examination of the body that life is extinct.