Sections Particulars
Chapter I Preliminary
1 Short title, applications and commencement
(1) This Act may be called the Transplantation of Human Organs Act, 1994. (2) It applies, in the first instance, to the whole of the States of Goa, Himachal P...
2 Definitions
In this Act, unless the context otherwise requires,--(a) "advertisement" includes any form of advertising whether to the public generally or to any section of...
Chapter II Authority For The Removal Of Human Organs
3 Authority for removal of human organs
(1) Any donor may, in such manner and subject to such conditions as may be prescribed, authorize the removal, before his death, of any human organs of his bod...
4 Removal of human organs not to be authorized in certain cases
(1) No facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under sub-section (3) of that section for the removal of...
5 Authority for removal of human organs in case of unclaimed bodies in hospital or prison
(1) In the case of a dead body lying in a hospital or prison and not claimed by any of the near relatives of the deceased person within forty-eight hours from...
6 Authority for removal of human organs from bodies sent for postmortem examination for medico legal or pathological purposes
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...
7 Preservation of human organs
After the removal of any human organ from he body of any person, the registered medical practitioner shall take such steps for the preservation of the human o...
8 Savings
(1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body or with any part of the body of a decea...
9 Restrictions on removal and transplantation of human organs
(1) Save as otherwise provided in sub-section (3), no human organ removed from the body of a donor before his death shall be transplanted into a recipient unl...
Chapter III Regulation Of Hospitals
10 Regulation of hospitals conducting the removal, storage or transplantation of human organs
(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, st...
11 Prohibition of removal or transplantation of human organs for any purpose other than therapeutic purposes
No donor and no person empowered to give authority for the removal of any human organ shall authorize the removal of any human organ for any purpose other tha...
12 Explaining effects, etc., to donor and recipient
No registered medical practitioner shall undertake the removal or transplantation of any human organ unless he has explained, in such manner as may be prescri...
Chapter IV Appropriate Authority
13 Appropriate Authority
(1) The Central Government shall appoint, by notification, one or more officers as Appropriate Authorities for each of the Union territories for the purposes ...
Chapter V Registration Of Hospitals
14 Registration of hospitals engaged in removal, storage or transplantation of human organs
(1) No hospital shall commence any activity relating to the removal, storage or transplantation of any human organ for therapeutic purposes after the commence...
15 Certificate of registration
(1) The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this Ac...
16 Suspension or cancellation of registration
(1) The Appropriate Authority may, suo moto or on complaint, issue a notice to any hospital to show cause why its registration under this Act should not be su...
17 Appeals
Any person aggrieved by an order of the Authorization Committee rejecting an application for approval under sub-section (6) of section 9, or any hospital aggr...
Chapter VI Offences And Penalties
18 Punishment for removal of human organ without authority
(1) Any person who renders his services to or at any hospital and who, for purposes of transplantation, conducts, associates with, or helps in any manner in, ...
19 Punishment for commercial dealings in human organs
Whoever -(a) makes or receives any payment for the supply of, or for an offer to supply, any human organ; (b) seeks to find a person willing to supply for pay...
20 Punishment for contravention of any other provision of this Act
Whoever contravenes any provision of this Act or any rule made, of any condition of the registration granted, thereunder for which no punishment is separately...
21 Offences by companies
(1) Where any offence punishable under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and...
22 Cognizance of offence
(1) No court shall take cognizance of an offence under this Act except on a complaint made by-(a) the Appropriate Authority concerned, or any officer authoriz...
Chapter VII Miscellaneous
23 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance o...
24 Power to make rules
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the general...
25 Repeal and saving
(1) The Ear Drums and Ear Bones (Authority for Use for Therapeutic Purposes) Act, 1982 and the Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 are...
Foot Notes
1. The Act came into force from 4th. February, 1995 in the States of Goa, Himachal Pradesh and Maharashtra and in all the Union Territories vide Notifications...
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