Transplantation of Human Organs Act, 1994
AIM
To provide for the regulation of
Removal Storage transplantation for therapeutic purposes
of human organs
For the prevention of commercial dealings in
human organs For matters connected therewith
brain-stem death means the stage at which all
functions of the brain stem have permanently and irreversibly ceased deceased person means a person in whom permanent disappearance of all evidence of life occurs, by reason of brain-stem death or in a cardio-pulmonary sense, at any time after live birth has taken place donor means any person, not less than eighteen years of age, who voluntarily authorizes the removal of any of his human organs for therapeutic purposes near-relative means spouse, son, daughter, father, mother, brother or sister
AUTHORITY FOR REMOVAL OF ORGANS
1.
2.
3.
4. 5.
Any donor can authorize the removal for therapeutic purposes BEFORE DEATH If any donor in writing in presence of 2 witnesses (at least 1 is near relative) authorizes the removal person who is in lawful possession of body grant all reasonable facilities to R.M.P. for removal of human organ from the dead body of donor UNLESS person believes that the donor has revoked the authority If no authority is given by donor prior to death BUT no objection was also expressed Only RMP can remove human organs RMP must satisfy that
a) b)
Death has occurred Brain stem death has occurred
6.
Brain stem death certified by
RMP in charge of hospital b) RMP treating the person c) An independent specialist RMP, nominated by in charge RMP from panel approved by Appropriate Authority d) Neurosurgeon or neurologist, nominated by in charge RMP from panel approved by Appropriate Authority
a)
7.
In case of minor, authority by parents is to be given
NO AUTHORISATION
If inquest required to be held 2. No authority given by person who is entrusted for its cremation, interment or disposal
1.
UNCLAIMED BODIES
In hospital and prison
If not claimed by WITHIN 48 hours by nearest
relatives authority can be given by person in charge of hospital or prison No authority if it is likely that nearest relative will claim the body even AFTER 48 hours
BODY SENT FOR POSTMORTEM EXAMINATION
Authority given by person in charge if The organ to be removed is not required for aforementioned purpose No objection expressed prior to death by donor for removal of organ The donor has given authority for removal The donor has not revoked the given authority before death
PRESERVATION OF ORGANS
After the removal of any human organ from the
body of any person, the registered medical practitioner shall take such steps for the preservation of the human organ so removed as may be prescribed.
RESTRICTIONS TO TRANSPLANT
Transplantation before death of donor
Recipient must be near relative
Transplantation after death of donor
Recipient who is in need of human organ
Transplant before death not in near relative
By reason of attachment By reason of affection Or any other reason Authorization Committee approval needed
Central and State Government, by notification
constitute one or more Authorisation Committees Application by donor and recipient to Authorisation Committee Requirements and rules complied Approve Not complied No appoval
REGULATIONS OF HOSPITALS
Registration for hospitals undertaking removal,
storage and transplantation is must No R.M.P. aid/conduct any activity in hospital for transplantation unless registered Registered hospitals should conduct removal, storage and transplantation only for therapeutic purpose R.M.P. can remove eyes and ears any place after the death of donor, for therapeutic purpose
PROHIBITION OF REMOVAL
No authority should be given for removal unless
therapeutic purpose No authority UNLESS all possible effects, complications and hazards of the removal and transplantation explained to the donor and the recipient respectively
APPROPRIATE AUTHORITY
Central Govt. appoint one or more officers as
Appropriate Authority in Union Territories State Govt. appoint one or more officers as Appropriate Authority
Functions of Appropriate Authority
To grant or renew registration of hospitals
To suspend or cancel registration of hospitals
To enforce standards in hospitals To investigate complaints against breach of this
Act or rules made thereunder To inspect hospitals
For examination of quality of transplantation Follow up care of donor and recipient
To undertake such other measures as prescribed
REGISTRATION OF HOSPITALS
No hospital shall be registered under this Act
unless the Appropriate authority is satisfied that such hospital is in a position to provide
Specialised services Facilities
Possess such skilled manpower and equipments
Maintain such standards as may be prescribed.
Registration after application with prescribed fees
CERTIFICATE OF REGISTRATION
Given by Appropriate Authority
After inspection for standards
Rejection if hospital does not comply Periodic renewal in such manner and after
payment of fees as prescribed
SUSPENSION/CANCELLATION
Notice by Appropriate Authority to hospitals
Show cause why registration should not be
cancelled After hearing, if there is breach in provisions of this Act or rules under this Act Suspension/Cancellation Where Appropriate authority is of the opinion that it is necessary to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any hospital without issuing any notice.
APPEALS
Any person aggrieved by decision of
Authorisation Committee appeal to Central or State Govt. as necessary within 30 days of that order, in prescribed manner Any hospital aggrieved by decision of Appropriate Authority appeal to Central or State Govt. as necessary within 30 days of that order, in prescribed manner
PUNISHMENTS
Removal of organs without authority by RMP
imprisonment for a term which may extend to five
years and with fine which may extend to ten thousand rupees. Removal of name from register for 2 years for first offence and permanently for subsequent offence
Commercial dealings in human organs Whoever for removal, storage and transplantation
of organs
Makes/receive payment Seeks to find person for this purpose Offers supply of the organ Makes arrangement for supply or payment Publishes advertisement for this purpose
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
Whoever
contravenes any provision of this Act or any rule made or any condition of the registration granted thereunder for which no punishment is separately provided in
this Act shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees.
OFFENCES BY COMPANIES
The officer in charge of the company shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly EXCEPT if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence
COGNIZANCE OF OFFENCE
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
authorised in this behalf by the Central Government or the State Government or, as the case may be OR (b) a person who has given notice of not less than sixty days, in such manner as may be prescribed, to the Appropriate Authority concerned, of the alleged offence and of his intention to make a complaint to the court.
No court other than that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence punishable under this Act. Where a complaint has been made by the person as above, the court may, on demand by such person, direct the Appropriate Authority to make available copies of the relevant records in its possession to such person.
THE TRANSPLANTATION OF HUMAN ORGANS (AMENDMENT) ACT, 2011 No.16 OF 2011 [28th September, 2011]
Additions
Human organs is replaced by
human organs and tissues Hospital Human Organ Retrieval Centre near relative means spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter Defines tissue a group of cells, except blood, performing a particular function in the human body Defines Tissue Bank a facility registered for carrying out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues, but does not include a Blood Bank
transplant co-ordinator a person appointed by the
hospital for co-ordinating all matters relating to removal or transplantation of human organs or tissues or both and for assisting the authority for removal of human organs No Registration until transplant co-ordinator appointed RMP in charge shall work in consultation with transplant co-ordinator
To ascertain the authority for removal, storage and
transplantation of human organs and tissues To make aware the patient or near relative to authorise or decline the donation To inform in writing Human Organ Retrieval Centre for the removal, storage and transplantation of human organs and tissues
A technician possessing such qualifications and
experience, as may be prescribed, may enucleate a cornea.
Where a neurologist or a neurosurgeon is not
available RMP may nominate an independent RMP surgeon/ physician/anaesthetist/intensivist subject to the condition that they are not members of the transplantation team for the concerned recipient
Where the donor or the recipient being near relative is
a foreign national prior approval of the Authorisation Committee shall be required before removing or transplanting human organ or tissue or both Authorisation Committee shall not approve such removal or transplantation if the recipient is a foreign national and the donor is an Indian national unless they are near relatives. No human organs or tissues or both shall be removed from the body of a minor before his death for the purpose of transplantation except in the manner as may be prescribed No human organs or tissues or both shall be removed from the body of a mentally challenged person before his death for the purpose of transplantation.
Where (a) any donor has agreed to make a donation of his human organ or tissue or both before his death to a recipient, who is his near relative, but such donor is not compatible biologically as a donor for the recipient (b) the second donor has agreed to make a donation of his human organ or tissue or both before his death to such recipient, who is his near relative, but such donor is not compatible biologically as a donor for such recipient Then (c) the first donor who is compatible biologically as a donor for the second recipient and the second donor is compatible biologically as a donor of a human organ for human organs and tissue for the first recipient and both donors and both recipients in the aforesaid group of donor and recipient have entered into a single agreement to donate and receive such human organ or tissue or both according to such biological compatibility in the group the removal and transplantation
No Tissue Bank, unless registered under this Act,
shall carry out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues
The Central and the State Governments, shall constitute
an Advisory Committee
For a period of two years To aid and advise the Appropriate Authority to discharge its
functions.
The Advisory Committee shall consist of one administrative expert not below the rank of Secretary
to the State Government, to be nominated as Chairperson of the Advisory Committee two medical experts having such qualifications as may be prescribed one officer not below the rank of a Joint Director to represent the Ministry or Department of Health and Family Welfare, to be designated as Member-Secretary two eminent social workers of high social standing and integrity, one of whom shall be from amongst representatives of womens organisation one specialist in the field of human organ transplantation,
The Appropriate Authority shall for the purposes
of this Act have all the powers of a civil court trying a suit under the Code of Civil Procedure The Central Government may establish a National Human Organs and Tissues Removal and Storage Network at one or more places and Regional Network The Central Government shall maintain a national registry of the donors and recipients of human organs and tissue having information as may be prescribed to an ongoing evaluation of the scientific and clinical status of human organs and tissues
Removal of human organs for the purpose of
transplantation without authority by RMP imprisonment for a term which may extend to ten years and with fine which may extend to twenty lakh rupees Removal of name from register for three years for first offence and permanently for subsequent offence Removal of human tissues without authority, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.
Commercial dealings in human organs Whoever for removal, storage and transplantation
of organs
Makes/receive payment Seeks to find person for this purpose Offers supply of the organ Makes arrangement for supply or payment Publishes advertisement for this purpose
Imprisonment for a term which shall not be less
than five years but which may extend to ten years and shall be liable to fine which shall not be less than twenty lakh rupees but may extend to one crore rupees
Commercial dealings in human tissues Whoever for removal, storage and transplantation
of tissues
Makes/receive payment Seeks to find person for this purpose Offers supply of the organ Makes arrangement for supply or payment Publishes advertisement for this purpose
Shall be punishable with imprisonment for a term
which may extend to three years and which shall be liable to fine not to be less than five lakh rupees but which may extend to twenty-five lakh rupees
Whoever
contravenes any provision of this Act or any rule made or any condition of the registration granted thereunder for which no punishment is separately provided in
this Act
shall be punishable with imprisonment for a term
which may extend to five years or with fine which may extend to twenty lakh rupees
