Human Organ Transplantation Act 1994
HUMAN ORGAN TRANSPLANTATION ACT 1994
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This act provides the regulation of
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Removal
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Storage
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& transplantation of human organs for
therapeutic purposes
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This Act may be called as the Transplantation
of Human Organs Act, 1994
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It applies to all the States & Union Territories
of India
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It defines the following things under this
act
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Appropriate Authority
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Brain Stem Death
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Deceased Person
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Donor
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Hospital
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Human Organ
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Near Relative Notification
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Payment
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Recipient
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RMP
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Therapeutic Person
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Transplantation
Authority
Permitted & Not Permitted Conditions
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Permitted Conditions
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Any donor can authorize the removal, before
his death
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Any donor in writing in presence of two or
more witness is authorized at any time before & after his death
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If any near relative of deceased has no
objection
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RMP shall satisfy himself before removal by
personal examination
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If death is certified
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Any of the parents of deceased person may
give authority
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Not Permitted Conditions
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No authority is given if the person empowered
to give such authority has reason that any near relatives of the deceased is
likely to claim the body
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Unless donor is near relative of recipient
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Before his death, without his consent
Regulations
of Hospitals & Appropriate Authority
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Regulations
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No hospital shall commence any activity relating
to the removal. storage or transplantation of any human organ unless it is
registered under this act
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No medical practitioner shall commence any activity
relating to the removal. storage or transplantation of any human organ unless
he/she is registered
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No purpose including of any human organ
except for therapeutic purpose
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Explain the effects & complications of
organ transplantation to the donor & recipient both
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Appropriate Authority
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Central & State government shall appoint one
or more officers as appropriate authority for this act
o
Function of this authority are
§ To grant registration
§ To suspend registration
§ To enforce standards for organ transplantation
§ To investigate any complaint
§ To inspect hospital periodically
§ To undertake measures
Offence
& Penalties
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Imprisonment for term which may extend to
5yrs fine up to 10, 000 or more
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The main reasons for the punishment are
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Makes or receive any payment for the supply
of organs
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Seeks to find a person willing to supply organs
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Offers to supply any organ for payment
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Initiate or negotiate any arrangements
involving the supply of the organs
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Publishes or distributes any advertisement
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