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Transplantation of Human Organs Act, 1994 Chapter II

Title: Authority for the Removal of Human Organs

State: Central

Year: 1994

.....the event of his brain-stem death, no such removal shall be undertaken unless such death is certified, in such form and in such manner and on satisfaction of such conditions and requirements as may be prescribed, by a Board of medical experts consisting of the following, namely :-- (i) the registered medical practitioner in charge of the hospital in which brain-stem death has occurred; (ii) an independent registered medical practitioner, being a specialist, to be nominated by the registered medical practitioner specified in clause (i), from the panel of names approved by the Appropriate Authority; (iii) a neurologist or a neurosurgeon to be nominated by the registered medical practitioner specified in clause (i), from the panel of names approved by the Appropriate Authority; and (iv) the registered medical practitioner treating the person whose brain-stem death has occurred. (7) Notwithstanding anything contained in sub-section (3), where brain-stem death of any person, less than eighteen years of age, occurs and is certified under sub-section (6), any of the parents of the deceased person may give authority, in such form and in such manner as may be prescribed, for.....

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Protection of Human Rights Act, 1993 Chapter V

Title: State Human Rights Commissions

State: Central

Year: 1993

..... Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The State Commission shall consist of-- (a) a Chairperson who has been a Chief Justice of a High Court; (b) one Member who is, or has been, a Judge of a High Court; (c) one Member who is, or has been, a district judge in that State; (d) two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights." 2. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. Section 22 - Appointment of Chairperson and Members of State Commission Section 22 - Appointment of Chairperson and1[Members] of State Commission (1) The Chairperson and1[Members] shall be appointed by the Governor by warrant under his hand and seal: Provided that.....

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Transplantation of Human Organs Act, 1994 Complete Act

Title: Transplantation of Human Organs Act, 1994

State: Central

Year: 1994

.....purposes Section12 - Explaining effects, etc. to donor and recipient Chapter IV Section13 - Appropriate Authority Chapter V Section14 - Registration of hospitals engaged in removal, storage or transplantation of human organs Section15 - Certificate of registration Section16 - Suspension or cancellation of registration Section17 - Appeals Chapter VI Section18 - Punishment for removal of human organ without authority Section19 - Punishment for commercial dealings in human organs Section20 - Punishment for contravention of any other provision of this Act Section21 - Offences by companies Section22 - Cognizance of offences Chapter VII Section23 - Protection of action taken in good faith Section24 - Power to make rules Section25 - Repeal and savings

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Transplantation of Human Organs Act, 1994 Section 3

Title: Authority for Removal of Human Organs

State: Central

Year: 1994

.....the event of his brain-stem death, no such removal shall be undertaken unless such death is certified, in such form and in such manner and on satisfaction of such conditions and requirements as may be prescribed, by a Board of medical experts consisting of the following, namely :-- (i) the registered medical practitioner in charge of the hospital in which brain-stem death has occurred; (ii) an independent registered medical practitioner, being a specialist, to be nominated by the registered medical practitioner specified in clause (i), from the panel of names approved by the Appropriate Authority; (iii) a neurologist or a neurosurgeon to be nominated by the registered medical practitioner specified in clause (i), from the panel of names approved by the Appropriate Authority; and (iv) the registered medical practitioner treating the person whose brain-stem death has occurred. (7) Notwithstanding anything contained in sub-section (3), where brain-stem death of any person, less than eighteen years of age, occurs and is certified under sub-section (6), any of the parents of the deceased person may give authority, in such form and in such manner as may be prescribed, for.....

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Protection of Human Rights Act, 1993 Chapter II

Title: The National Human Rights Commission

State: Central

Year: 1993

.....by the Commission (1) The Commission shall meet at such time and place as the Chairperson may think fit. 1[(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.] (3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this behalf. ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The Commission shall regulate its own procedure. " Section 11 - Officers and other staff of the Commission (1) The Central Government shall make available to the Commission-- (a) an officer of the rank of Secretary to the Government of India who shall be the Secretary-General of the Commission; and (b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission. (2) Subject to such rules as may.....

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Transplantation of Human Organs Act, 1994 Section 9

Title: Restrictions on Removal and Transplantation of Human Organs

State: Central

Year: 1994

.....of such members as may be nominated by the State Government on such terms and conditions as may be specified in the notification for the purposes of this section. (5) On an application jointly made, in such form and in such manner as may be prescribed, by the donor and the recipient, the Authorisation Committee shall, after holding an inquiry and after satisfying itself that the applicants have complied with all the requirements of this Act and the rules made thereunder, grant to the applicants approval for the removal and transplantation of the human organ. (6) If, after the inquiry and after giving an opportunity to the applicants of being heard, the Authorisation Committee is satisfied that the applicants have not complied with the requirements of this Act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the application for approval.

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Protection of Human Rights Act, 1993 Section 21

Title: Constitution of State Human Rights Commission

State: Central

Year: 1993

.....the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment: Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The State Commission shall consist of-- (a) a Chairperson who has been a Chief Justice of a High Court; (b) one Member who is, or has been, a Judge of a High Court; (c) one Member who is, or has been, a district judge in that State; (d) two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights." 2. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

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Protection of Human Rights Act, 1993 Amending Act 1

Title: Protection of Human Rights (Amendment) Act, 2006

State: Central

Year: 1993

.....figure "vacancy of any member in the Committee referred to in the first proviso to sub-section (1)" shall be substituted. 5. Substitution of new section for section 5.-- For section 5 of the principal Act, the following section shall be substituted, namely:-- "5. Resignation and removal of Chairperson and Members.--(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,-- (a) is adjudged an insolvent; or (b) engages during his term of.....

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Transplantation of Human Organs Act, 1994 Section 19

Title: Punishment for Commercial Dealings in Human Organs

State: Central

Year: 1994

.....arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ; (e) takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d); or (f) publishes or distributes or causes to be published or distributed any advertisement,-- (a) inviting persons to supply for payment of any human organ; (b) offering to supply any human organ for payment; or (c) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d) shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and shall be liable to fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees : Provided that the Court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years and a fine less than ten thousand rupees.

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Protection of Human Rights Act, 1993 Complete Act

Title: Protection of Human Rights Act, 1993

State: Central

Year: 1993

..... Section31 - Special Public Prosecutor Chapter VII Section32 - Grants by the Central Government Section33 - Grants by the State Government Section34 - Accounts and audit Section35 - Accounts and audit of State Commission Chapter VIII Section36 - Matters not subject to jurisdiction of the Commission Section37 - Constitution of special investigation teams Section38 - Protection of action taken in good faith Section39 - Members and officers to be public servants Section40 - Power of Central Government to make rules Section40A - Power to make rules retrospectively Section40B - Power of Commission to make regulations Section41 - Power of State Government to make rules Section42 - Power to remove difficulties Section43 - Repeal and savings Amending Act1 - PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2006

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