section 3
Removal of kidneys of deceased person for therapeutic purposes
The Maharashtra Kidney Transplantation Act, 1982General198211 sections
Statutory text
- (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in possession of his body after his death shall, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the kidneys from the body for these purposes.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- (a) that the deceased has expressed an objection to his kidneys being so dealt with after his death, and had not withdrawn such objection; or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 (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.
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