Preamble:

To provide the regulation of removal, storage & transplantation of human organs for therapeutic purpose & for prevention of commercial dealings in human organs

Definitions:
a) b) c) d) advertisement includes any form of advertising whether to public generally or to any section of the public. Appropriate Authority means the appropriate authority appointed Brain stem death means the stage at which all functions of brain stem have permanently & irreversibly ceased. deceased person is one whom there is permanently disappearance of all evidence of life due to brain stem death or in cardio pulmonary sense at any time after live birth has taken place.

e) f) g) h) i) j)

k)

Donor person not less than 18 age who voluntarily authorise removal of his own organs for therapeutic purpose. Hospital includes nursing home, clinic, medical centre, medical or teaching institute for therapeutic purpose. Human organ means any part of human body consisting of structured arrangement of tissues which if removed cannot replicated by the body. Near relative means spouse, son, daughter, father, mother brother or sister. Notification means notification published in the Official Gazette. Payment means payment in money or moneys worth but does not include any payment for defraying or reimbursing:a) the cost of removing, transporting or preserving the human organ to be supplied; b) any expenses or loss of earnings by a person directly attributable to supply any organ from his body. Recipient a person in whom any organ is or is proposed to be transplanted.

k) l) m)

Registered medical practitioner is one who posses recognised medical qualification as defined in section of Indian Medical Council Act, 1956. Therapeutic purpose means systematic treatment of any disease or the measures to improve health. Transplantation means the grafting of any human organ from any living or deceased person to some other living person for therapeutic purposes.

Authority for Removal of Human Organs:

1.

2.

3.

4. 5.

Any donor can authorise the removal, before his death, of any human organs of his body for therapeutic purposes. Any donor in writing in presence of two or more witness authorised at any time before his death, the removal of his organs after his death for therapeutic purposes. If any near relative of deceased person has no objection for removal of his organ for therapeutic purposes. Authority is given to registered medical practitioner Registered medical practitioner shall satisfy himself before removal, by personal examination of body from which organ is to be removed that life is extinct or it is case of brain stem death.

6.

Authority for removal of organ is given only if death is certified by Board of medical experts consisting of: i) RMP in charge of the hospital in which brain stem death has occurred; ii) An independent RMP, being a specialist to be nominated by registered medical practitioner; iii) A neurologist or neurosurgeon to be appointed; iv) RMP treating the person whose brain death has occurred; 7. Any of the parents of deceased person may give authority if brain stem death of person less than 18 age has occurred.

Removal of human organs not to be authorised in certain cases:

Authority of removal of human organs in case of unclaimed bodies in hospital or prison:
1. If any of unclaimed body lying in hospital or prison is not identified by near relative within 48 hours, authority is given for removal of human organs by person in charge of management or control of hospital or prison.

2.

No authority is given if the person empowered to give such authority has reason that any near relative of the deceased is likely to claim dead body.

Authority for removal of human organs from bodies sent for postmortem examination for medicolegal or pathological purposes: Preservation of human organs: After removal of any organ from
human body registered medical practitioner shall take prescribed steps for preservation.

Restrictions on removal & transplantation of human organs:

No human organ shall be removed from body of donor before his death & transplanted into recipient unless donor is near relative of recippent.

Regulations of Hospitals
Regulation of hospitals conducting the removal, storage or transplantation of human organs:
a. b. No hospital shall commence any activity relating to removal, storage or transplantation of any human organ unless it is registered under this Act. No medical practitioner or any other person shall conduct or aid in conducting removal, storage or transplantation of any human organ at place other than registered. No place including hospitals shall conduct removal, storage or transplantation of any human organ except for therapeutic purposes.

c.

Prohibition of removal or transplantation of human organs for any purpose other than therapeutic purposes: No person &
no donor give authority for transplantation of organ for any purpose other than therapeutic.

Explaining effects, etc., to donor & recipient:

No registered medical practitioner shall undertake removal or transplantation unless he has explained in prescribed manner, all possible effects & complications to donor & recipient respectively.

Appropriate Authority:
Central & State Govt. shall appoint 1 or more officers as Appropriate Authorities for this Act.

Registration of Hospitals
Registration of hospitals engaged in removal , storage or transplantation of human organs:
No hospital shall commence any activity relating to removal, storage or transplantation of any human organ unless it is registered under

Certificate of Registration:
Appropriate Authority shall grant Certificate to hospital in such form, for such period & subject to such conditions. Every certificate of registration shall be renewed in such manner & on payment of fees as prescribed.

Suspension or cancellation of registration:

Offences & Penalties

Punishment for removal of human organ without authority:
a) b) Imprisonment for term which may extend to 5 yrs fine upto 10,000 or more If a person is registered medical practitioner name is reported to respective State Medical Council for taking necessary action including removal of his name from Council for period of 2 yrs or more

Punishment for Commercial dealings in human organs:

a) Makes or receives any payment for the supply of or for an offer to supply any human organ; seeks to find a person willing to supply any human organ for payment; Offers to supply any organ for payment; Initiates or negotiates any arrangement involving the making of any payment for supply of human organ; Takes part in management or control of body of persons, either a society, firm or company in Initiation or negotiation any arrangement making of any payment for supply of human organ Publishes or distributes any advertisement:a) inviting persons to supply for payment of any human organ; b) offering to supply any organ for payment;

b) c) d)
e)

f)

Punishment for contravention of any other provision of this Act: Offences by companies:
Cognizance of offence: