KARNATAKA KIDNEYS TRANSPLANTATION ACT, 1986
45 of 1986
An Act to provide for use of kidneys of deceased persons and for donation of kidneys for therapeutic purposes. Whereas, it is expedient to provide for use of kidneys of deceased persons and for donation of kidneys for therapeutic purposes and to provide for matters connected therewith. Be it enacted by the Karnataka State Legislature in the Thirty-seventh Year of the Republic of India as follows.
Section1 Short title and commencement
(1) This Act may be called the Karnataka Kidneys Transplantation Act, 1986.
(2) It shall come into torce at once in the Corporation of the City of Bangalore and in the remaining area or areas in the State on such date as the State Government may by notification, appoint and different dates may be appointed for different areas.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Approved institution" means a hospital or a medical education institution for therapeutic purposes approved by order by the State Government for the purpose of this Act;
(b) "Near relative" means any of the following relatives of the deceased, namely, wife, husband, father, mother, son, daughter, brother or sister;
(c) Registered medical practitioner" means a practitioner practicing any system of medicine and registered as a medical practitioner under any law for the time being in force in India.
Section3 Removal of kidneys of deceased person for therapeutc purposes
(1) If any person either in writing or orally in the presence of at least one witness during the last illness has expressed 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in possession of his body after his death shall, unless he has reason to believe that such request was subsequently withdrawn, authorise the removal of the kidneys from the body for the said purposes.
(2) Notwithstanding anything contained in sub-section (1), any person lawfully is in possession of 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(a) that the deceased has expressed an objection to his kidneys being so dealt with after his death, and had not withdrawn such objection; or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 to warrant the removal of the kidneys from the body and the 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 or by any officer authorised by it in this behalf, who has satisfied himself by a personal examination of the body that life is extinct.
Section4 Time for removal of kidneys
(1) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the person empowered to give authority for the removal of the kidneys under Section 3 to authorise removal of the kidneys from the body of deceased person within one hour after such person has been declared dead by any registered medical practitioner.
(2) The date and time of death shall be certified by the registered medical practitioner, who attends the donor at his death or where there is no such practitioner by any other registered medical practitioner who is called upon to do so, but any such practitioner so certifying shall not participate in the procedures for removing or transplanting the kidneys.
Section5 Doubts in respect of inquest or post-mortem, to be referred to the prescribed officer
(1) If the person lawfully in possession of the body of a deceased person has reason to believe that an inquest or a post-mortem examination may be required to be held in accordance with the provisions of any law for the time being in force, the authority for the removal of the kidneys shall not be given, except with the consent of the prescribed officer or any other officer, as the State Government may, by notification, appoint in this behalf.
(2) The officers referred to in sub-section (1), may give direction, either before or immediately after the death of a person, that his consent to the removal of the kidneys from the body of the person after the death of the person is not required.
(3) A consent or direction of the officer referred to in sub-section (1), may be given, subject to such condition as are specified in such consent or direction. Such consent or direction may be given orally by the officer referred to in sub-section (1), but shall be confirmed in writing by him within forty-eight hours from the time the consent or direction is given orally.
Section6 No authority for removal of kidneys, when body is entrusted to person only for cremation, etc
No authority for removal of kidneys shall be given under Section 3 in respect of the body of a deceased person except by the person authorised to do so under this Act, by a person entrusted by another person with the body of the deceased person for the purpose only of internment or cremation.
Section7 Authority for removal of kidneys from unclaimed body
In the case of a body unclaimed or likely to remain unclaimed in an approved institution, any authority for removal of kidneys under this Act may be given on behalf of the person having the control or management of the approved institution by any officer or person designated in that behalf by the first mentioned person.
Section8 Protection of action taken under the Act in good faith
No suit, prosecution or other legal proceedings shall lie against an approved institution or a person lawfully in possession of the body of a deceased person or any officer of an approved institution or of the Government or a local authority or any registered medical practitioner in discharging any functions under this Act or anything which is in good faith done or intended to be done, in pursuance of this Act or the rules made thereunder.
Section9 Saving
(1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful dealing with the kidneys of a deceased person, which would have been lawful if this Act had not been passed.
(2) Any authority for the removal of kidneys given in accordance with the provisions of this Act shall not be deemed to be in contravention of the provisions of Section 297 of the Indian Penal Code.
Section10 Power to make rules
(1) The State Government may, by notification, and after previous publication make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely.
(a) the form and the manner in which the person lawfully in possession of the body of deceased person may authorise the removal of kidneys for therapeutic purposes;
(b) the form and the manner in which a near relative of a deceased person may object to the deceased persons kidneys being used for therapeutic purposes;
(c) the form and the manner in which any authority for removal of kidneys under this Act may be given on behalf of the person having the control or management of an approved institution by any officer or person designated in that behalf by the person having the control or management of the approved institutions;
(d) the manner in which the prescribed officer may give his consent for the removal of kidneys from the body of a deceased person;
(e) any other matter which is to be, or may be, prescribed by rules under this Act.
(3) Every rule made under the section shall be laid, as soon as may be, after it is made, before each house of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
Section11 Repeal and savings
(1) The Karnataka Kidneys Transplantation Ordinance, 1986 (Karnataka Ordinance 4 of 1986) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
RULE:
KARNATAKA KIDNEY TRANSPLANTATION RULES, 1987
Whereas, the draft of the Karnataka Kidney Transplantation Rules, 1987 was published in Notification No. HFW150 RCH 86, dated llth September, 1987 in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated llth day of September, 1987 as required by subsection (1) of Section 10 of the Karnataka Kidney Transplantation Act, 1986 (Karnataka Act 45 of 1986) inviting objections or suggestions to the said draft from persons likely to be affected thereby, on or before 30th September, 1987. And whereas, the said Gazette was made available to the public on llth September, 1987. And whereas, no objections or suggestions have been received by the State Government in respect of the said draft. Now therefore, in exercise of the powers conferred by Section 10 of the Karnataka Kidney Transplantation Act, 1986 (Karnataka Act 45 of 1986), the Government of Karnataka hereby makes the following rules, namely.
Rule1 Title and commencement
(1) These rules may be called the Karnataka Kidney Transplantation Rules, 1987.
(2) They shall come into force at once.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(i) "Act" means the Karnataka Kidney Transplantation Act, 1986 (Karnataka Act 45 of 1986);
(ii) "Form" means form appended to these rules;
(iii) "Rules" means the Karnataka Kidney Transplantation Rules, 1987
Rule3 Authorisation for removal of Kidneys
The Authorisation for removal of kidneys under Section 3, shall be in Form I.
Rule4 Objection for the use of Kidneys of deceased Person
The objection for the use of kidneys of the deceased person for therapeutic use by the near relative shall be in Form II.
Rule5 Prescribed officer
The Prescribed Officer for the purpose of Section 5, shall be the Doctor in charge of the Hospital or a Clinic to which the deceased person was admitted for treatment or otherwise prior to his death.
Rule6 Consent under Section 5 for removal of Kidneys
The consent of the prescribed officer for removal of Kidneys under Section 5 shall be in Form III.
Rule7 The authority under Section 7 for removal of Kidneys
The authority under Section 7 for removal of Kidneys from the body of a deceased person by the approved institution shall be in Form IV.
Rule8 Preservation of Kidneys
The kidneys removed from the body of a deceased person shall be preserved with maximum care by using preservatives, as may be specified by the Director of Medical Education in consultation with the Nephrologists and transported in suitable container to the approved institutions for transplantation. Such kidneys shall be transplanted within twenty-four hours of perfusion. If such kidneys are required to be preserved beyond the period specified above and not more than thirty-six hours, the process of preservation shall be by continuously perfusing the kidneys by mechanical pump.
APPENDIX 1 FORM
FORM I
[See Rule 2]
I residing at being
lawfully in possession of the body of deceased authorize (here
specify the person who is being authorised) to remove kidneys from the body of
the deceased person to be used for therapeutic purpose.
Place .Signature
Date Name
with designation
APPENDIX 2 Objection by a near relative for removal of the kidneys of the deceased person for transplantation purpose
FORM II
[See Rule 3]
Objection by a near relative
for removal of the kidneys of the deceased
person for transplantation
purpose
I wife/husband/father/mother/son/daughter/brother/sister
of the deceased aged who died at hospital/clinic on hereby object to the removal of one or both kidneys from the above
deceased person.
Date.................. Signature with
name and address
APPENDIX 3 Consent by the prescribed officer or an officer appointed under Section 5
FORM III
[See Rule 5]
Consent by the prescribed
officer or an officer appointed under Section 5
I hereby
give consent to remove the kidneys of the deceased personage who
died at hospital on at subject to the
following conditions.
Place......................... Signature
Date.......................... Name
with designation
Address:
APPENDIX 4 Authority for removal of kidneys by the approved institutions under Section 7
FORM [See Rule 6]
FORM
IV
[See
Rule 6]
Authority
for removal of kidneys by the approved institutions
under
Section 7
I who is designated by the management of the institution hereby authorise Drqualified and
authorised to remove the kidney/s from
the body of deceased for therapeutic purpose.
Place..................... Signature
Date..................... Name with designation |
