Transplantation of Human Organs and Tissues Act, 1994
(Updated in 2022)
(42 of 1994)
[8th July, 1994]
An Act to provide for the regulation of removal, storage and transplantation of
1
[human organs and tissues for the therapeutic purposes and for the prevention of commercial dealing in human organs and tissues] and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the regulation of removal, storage and transplantation of
2
[human organs or tissues or both] for therapeutic purposes and for the prevention of commercial dealings in
2
[human organs or tissues or both];
And WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in Articles 249 and 250 of the Constitution;
And WHEREAS in pursuance of clause (1) of Article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and Maharashtra to the effect that the matters aforesaid should be regulated in
Read full Act S.1 Short title, application and commencement
S.2 Definitions
S.3 Authority for removal of2[human organs or tissues or both]
S.4 Removal of2[human organs or tissues or both] not to be authorised in certain cases
S.5 Authority for removal of2[human organs or tissues or both] in case of unclaimed bodies in hospital or prison
S.6 Authority for removal of2[human organs or tissues or both] from bodies sent for post-mortem examination for medico-legal or pathological purposes
S.7 Preservation of2[human organs or tissues or both]
S.8 Savings
S.9 Restrictions on removal and transplantation of2[human organs or tissues or both]
S.10 Regulation of hospitals conducting the removal, storage or transplantation of2[human organs or tissues or both]
S.11 Prohibition of removal or transplantation of2[human organs or tissues or both] for any purpose other than therapeutic purposes
S.12 Explaining effects, etc., to donor and recipient
S.13 Appropriate Authority
S.13A 23[Advisory Committees to advise Appropriate Authority
S.13B 23[Powers of Appropriate Authority
S.13C 23[National Human Organs and Tissues Removal and Storage Network
S.13D 23[National registry
S.14 Registration of hospitals engaged in removal, storage or transplantation of2[human organs or tissues or both]
S.14A 26[Registration of Tissue Bank
S.15 Certificate of registration
S.16 Suspension or cancellation of registration
S.17 Appeals
S.18 Punishment for removal of7[human organ or tissue or both] without authority
S.19 Punishment for commercial dealings in human organs
S.19A 36[Punishment for illegal dealings in human tissues
S.20 Punishment for contravention of any other provision of this Act
S.21 Offences by companies
S.22 Cognizance of offence
S.23 Protection of action taken in good faith
S.24 Power to make rules
S.25 Repeal and saving