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State of Tamilnadu - Section

Section 3 in Tamil Nadu Kidneys (Authority for use for Therapeutic Purposes) Act, 1987

3. Authority for removal of kidneys of deceased persons.

(1)If any person had, either in writing or orally in the presence of two or more witnesses (at least one of whom is a near relative of such person) unequivocally authorised, at any time before his death, the use of his kidneys, after his- death, for therapeutic purposes (such person being hereafter in this sub-section referred to as the donor), the person lawfully in possession of the dead body of the donor shall, unless he has in his possession sufficient evidence to be produced before the registered medical practitioners to the effect that the donor had subsequently revoked the authorisation aforesaid, grant to a registered medical practitioner all reasonable facilities for the removal for therapeutic purpose, of the kidneys from the dead body of the donor.
(2)Where no such authorisation as is referred to in sub-section (1) was made by any person before his death, but no objection was also expressed by such person to his kidneys being used after his death for therapeutic purposes, the person lawfully in possession of the body of the deceased person may, unless he has reasons to believe that any near relative of the deceased person has objection to the deceased person's kidneys being used for therapeutic purposes, authorise the removal of the kidneys of the deceased person for their use for therapeutic purposes.
(3)The authority given under sub-section (1), or, as the case may be, under sub-section (2), shall be sufficient warrant for the removal for therapeutic purposes, of the kidneys from the body of the deceased person.