Hospital Regulations conducting the removal, storage or transplantation of human organs.
- Under Hospital Regulations, No hospital, unless registered under this Act, shall conduct, or associate with, or help in, the removal, storage or transplantation of any human organ;
- 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, an activity relating to the removal, storage or transplantation of any human organ at a place other than a place registered under this Act;
- No place including a hospital registered 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.
- The eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purpose, by a registered medical practitioner.
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 than therapeutic purposes.
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 prescribed, all possible effects, complications and hazards connected with the removal and transplantation to the donor and the recipient respectively.
Appropriate Authority-Hospital Regulations
- The Central Government shall appoint, by notification, one or more officers as Appropriate Authorities for each of the Union territories for the purposes of this Act.
- The State Government shall appoint, by notification, one or more officers as Appropriate Authorities for the purposes of this Act.
- The Appropriate Authority shall perform the following functions, namely:
- To grant registration or renew registration
- To suspend or cancel registration
- To enforce such standards, as may be prescribed, for hospitals engaged in the removal, storage or transplantation of any human organ
- To investigate any complaint of breach of any of the provision of this Act or any of the rules made there under and take appropriate action;
- To inspect hospitals periodically for examination of the quality of transplantation and the follow-up medical care to persons who have undergone transplantation and persons from whom organs are removed; and
Registration of Hospitals
Registration of hospitals engaged in removal, storage or transportation of human organs
No hospital shall commence any activity relating to the removal, storage or transplantation of any human organs for therapeutic 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 hospital has applied for registration and is so registered or till such application is disposed of, whichever is earlier.
Suspension or cancellation of registration
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 suspended or cancelled for the reasons mentioned in the notice.
Offences and Penalties
Punishment for removal of human organ without authority
- Any person who renders his services to or any hospital and who, for purposes of transplantation, conducts, associates with, or help in any manner in, the removal of any human organ without authority, shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees.
- Where any person convicted is a registered medical practitioner, his name shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of two years for the first offence and permanently for the subsequent offence.
Punishment for commercial dealings in human organs
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 for payment any human organ
- Offers to supply any human organ for payment
- Initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ
- 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
- Publishes or distributes or causes to be published or distributed any advertisement,
- Inviting persons to supply for payment of any human organ;
- Offering to supply any human organ for payment; or
- Indicating that the advertiser is willing to initiate or negotiate any arrangement
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;