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Transplantation of human organ act, 1994
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Transplantation of human organ act, 1994

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  • © Altacit Global 2009 Email: info@altacit.com
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    • 1. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comTRANSPLATION OFHUMAN ORGAN ACT, 1994Shelley E.
    • 2. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comINTRODUCTION• The Transplantation of Human Organs Act provides forthe regulation of the removal, storage, andtransplantation of human organs for therapeutic purposeand for prevention of Commercial dealings of humanorgans.•  Organs that can be transplanted are– the heart, kidneys, eyes, liver, lungs, pancreas, intestine,and thymus.– Tissues include bones, tendons cornea, skin, heartvalves, and veins.– Worldwide, the kidneys are the most commonlytransplanted organs, followed closely by the liver andthen the heart.
    • 3. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comFEATURES OF THE ACT• Provides for the regulation of removal, storage, andtransplantation of human organs for therapeutic purposesand for the prevention of commercial dealings in humanorgans;• Illegalizes the buying and selling of human organs andmakes cash-for-kidney transactions a criminal offence;• Establishes an institutional structure to authorize andregulate human organ transplants and to register andregulate, through regular checks, hospitals that are permittedto perform transplants;• Recognizes, for the first time in India, the concept of brain-stem death, paving the way for a cadaver- based kidneytransplant programme;
    • 4. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comTYPES OF DONORS• The Act defines two categories of donors. – First, it permits a near relative, defined as apatientsspouse, parents, siblings, and children, todonate a kidney to the patient. – Secondly, live donors who are not near relatives butare willing to donate kidneys to the due toattachment or any other reasons are permitted to doso,– provided that the transplantations have the approvalof the Authorization Committee, established underthe Act.
    • 5. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comPRINCIPAL MATTERS• The principal matters covered are:– Authority for the removal of human organ– Regulation of hospitals– Registration of hospitals– Offences and penalties
    • 6. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comAUTHORITY FOR REMOVAL OFHUMAN ORGANS• Section 3– Any donor may prescribe, authorize the removal, before hisdeath, of any human organ of his body for therapeuticpurposes;– any donor had, in writing and in the presence of two ormore witnesses unequivocally authorized at any time beforehis death, for therapeutic purposes;– Where no such authority was made by any person beforehis death but no objection was also expressed by suchperson for therapeutic purposes;– where brain- stem death of any person, less than eighteenyears of age, occurs and is certified, any of the parents ofthe deceased person may give authority for the removal ofany human organ from the body of the deceased person.
    • 7. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.com• Section 4: Removal of human organs not to beauthorized in certain cases.• Section 5: Authority for removal of human organs incase of unclaimed bodies in hospital or prison.• Section 6: Authority for removal of human organs frombodies sent for postmortem examination for medicolegalor pathological purposes.- Where the body of a personhas been sent for postmortem examination.• Section 7: Preservation of human organs.-• Section 8:  Restrictions on removal and transplantationof human organs.-
    • 8. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.com• Section 10: Regulation of hospitals conducting theremoval, storage or transplantation of human organs.-• Section 11:  Prohibition of removal or transplantation ofhuman organs for any purpose other than therapeuticpurposes.-• Section 12: Explaining effects, etc., to donor and recipient. • Section 13:  Appropriate Authority• Section 14: Registration of hospital engaged in removal,storage or transplantation of human organs• Section 16: Suspension or cancellation of registration• Section 17: Appeals
    • 9. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comSECTION 18:  PUNISHMENT FORREMOVAL OF HUMAN ORGAN WITHOUTAUTHORITY.- • Any person helps in any manner in the removal of anyhuman organ without authority– shall be punishable with imprisonment for a termwhich may extend to five years and with fine whichmay extend to ten thousand rupees• Where any person convicted is a registered medicalpractitioner,–  his name shall be reported by the AppropriateAuthority to the respective State Medical Council fortaking necessary action including the removal of hisname from the register of the Council for a period oftwo years for the first offence and permanently for thesubsequent offence.
    • 10. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comSECTION 19; PUNISHMENT FORCOMMERCIAL DEALINGS IN HUMANORGANS.• Whoever-– makes or receives any payment for the supply of, or for anoffer to supply, any human organ– seeks to find a person willing to supply for payment anyhuman organ;– offers to supply any human organ for payment;– initiates or negotiates any arrangement involving themaking of any payment for the supply of, or for an offerto supply, any human organ;– takes part in the management or control of a body ofpersons, whether a society, firm or company, whoseactivities consist of or include the initiation or negotiationof any arrangement;– Publishes or distributes or causes to be published ordistributed any advertisement
    • 11. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comCntd..– 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 ornegotiate any arrangement referred to in clause– shall be punishable with imprisonment for a term whichshall not be less than two years but which may extend toseven years and shall be liable to fine which shall not be lessthan ten thousand rupees but may extend to twentythousand rupees:– Provided that the court may, for any adequate and specialreason to be mentioned in the judgment, impose a sentenceof imprisonment for a term of less than two years and a fineless than ten thousand rupees.
    • 12. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comSECTION 21: OFFENCES BYCOMPANIES• Any offence, punishable under this Act has beencommitted by a company,– every person who, at the time the offence wascommitted was in charge of, and was responsible to, thecompany for the conduct of the business of thecompany, as well as the company, shall be deemed to beguilty of the offence and shall be liable to be proceededagainst and punished accordingly.– Provided, if he proves that the offence was committedwithout his knowledge or that be had exercised all duediligence to prevent the commission of such offencethen he may not be liable.
    • 13. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comCntd..• If the offence has been committed with the consent orconnivance of, or is attributable to any neglect on thepart of, any director, manager, secretary or other officerof the company, such director, manager, secretary orother officer shall also be deemed to be guilty of thatoffence and shall be liable to be proceeded against andpunished accordingly.
    • 14. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comSection 22:  Cognizance ofoffence• No court shall take cognizance of an offence under thisAct except on a complaint made by– the Appropriate Authority concerned. or any officerauthorised in this behalf by the Central Governmentor the State Government or, as the case may be, theAppropriate Authority; or– a person who has given notice of not, less than sixtydays, in such manner as may be prescribed, to theAppropriate Authority concerned, of the allegedoffence and of his intention to make a complaint tothe court
    • 15. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comCntd..• No court other than that of a Metropolitan Magistrate ora Judicial Magistrate of the first class shall try any offencepunishable under this Act.• Where a complaint has been made under clause (b) ofsub- section (1), the court may, on demand by suchperson, direct the Appropriate Authority to make-available copies of the relevant records in its possessionto such person.
    • 16. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.com PROTECTION OF ACTION TAKEN IN GOODFAITH• No suit, prosecution or other legal proceeding shall lieagainst any person for anything which is in good faithdone or intended to be done in pursuance of theprovisions of this Act.• No suit or other legal proceeding shall lie against theCentral Government or the State Government for anydamage caused or likely to be caused for anything whichis in good faith done or intended to be done in pursuanceof the provisions of this Act.
    • 17. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,Mylapore,Chennai - 600 004.Tel: +91 - 44 - 2498 4821BANGALORESuite 920, Level 9,Raheja Towers,26-27, M G Road,Bangalore - 560 001.Tel: +91 - 80 - 6546 2400COIMBATOREBB1, Park Avenue,# 48, Race Course Road,Coimbatore - 641018.Tel: +91 - 422 – 6552921EMAILinfo@altacit.comWEBSITEwww.altacit.comCONCLUSION• The solutions to these problems lie in making strenuousefforts to improve cadaver donation by increasing publicawareness through the media and support fororganizations.• What is sorely needed is to improve public awarenessabout the benefits of organ donation.

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