Organization - Bare Acts

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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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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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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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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Transplantation of Human Organs Act, 1994 Preamble 1

Title: The Transplantation of Human Organs Act, 1994

State: Central

Year: 1994

THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 [Act, No. 42 of 1994] [8th July, 1994] PREAMBLE An Act to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. WHEREAS it is expedient to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in Articles 249 and 250 of the Constitution. AND WHEREAS in pursuance of Cl. (1) of Article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and Maharashtra to the effect that the matters aforesaid should be regulated in those States by Parliament by law; BE it enacted by Parliament in the Fortyfifth Year of the Republic of India as follows :

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Transplantation of Human Organs Act, 1994 Section 6

Title: Authority for Removal of Human Organs from Bodies Sent for Post-mortem Examination for Medico-legal or Pathological Purposes

State: Central

Year: 1994

Where the body of a person has been sent for post-mortem examination (a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or (b) for pathological purposes, the person competent under this Act to give authority for the removal of any human organ from such dead body, if he has reason to believe that such human organ will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal, for therapeutic purposes, of that human organ of the deceased person provided that he is satisfied that the deceased person had not expressed., before his death, any objection to any of the human organs being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his human organs for therapeutic purposes after his death, such authority had not been revoked by him before his death.

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Transplantation of Human Organs (Amendment) Act, 2011, (Central) Preamble

Title: the Transplantation of Human Organs (Amendment) Act, 2011

State: Central

Year: 2011

THE TRANSPLANTATION OF HUMAN ORGANS (AMENDMENT) ACT, 2011 [Act No. 16 of 2011] [27th September, 2011] PREAMBLE An Act to amend the Transplantation of Human Organs Act, 1994. WHEREAS it is expedient to amend the said law enacted by Parliament relating to regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs; AND WHEREAS Parliament has no power to make or amend laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and West Bengal to the effect that the aforesaid Act should be amended by Parliament; BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-

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Transplantation of Human Organs Act, 1994 Section 10

Title: Regulation of Hospitals Conducting the Removal, Storage or Transplantation of Human Organs

State: Central

Year: 1994

(1) On and from the commencement of this Act, (a) no hospital, unless registered under this Act, shall conduct, or associate with, or help in, the removal, storage or transplantation of any human organ; (b) no medical practitioner or any other person shall conduct, or cause to be conducted, or aid in conducting by himself or through any other person, any activity relating to the removal, storage or transplantation of any human organ at a place other than a place registered under this Act; and (c) no place including a hospital registered under sub-section (1) of section 15 shall be used or cause to be used by any person for the removal, storage or transplantation of any human organ except for therapeutic purposes. (2) Notwithstanding anything contained in sub-section (1) the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purposes, by a registered medical practitioner. Explanation:- For the purposes of this sub-section, "ears" includes ear drums and ear bones.

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Transplantation of Human Organs Act, 1994 Section 14

Title: Registration of Hospitals Engaged in Removal, Storage or Transplantation of Human Organs

State: Central

Year: 1994

.....commence any activity relating to the removal, storage or transplantation of any human organ for therapeutic purposes after the commencement of this Act unless such hospital is duly registered under this Act: Provided that every hospital engaged, either partly or exclusively, in any activity relating to the removal, storage or transplantation of any human organ for therapeutic purposes immediately before the commencement of this Act, shall apply for registration within sixty days from the date of such commencement: Provided further that every hospital engaged in any activity relating to the removal, storage or transplantation of any human organ shall cease to engage in any such activity on the expiry of three months from the date of commencement of this Act unless such hospitals has applied for registration and is so registered or till such application is disposed of, whichever is earlier. (2) Every application for registration under sub-section (1) shall be made to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. (3) No hospital shall be registered under this Act unless the Appropriate Authority is.....

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