HUMAN ORGANS TRANSPLANTATION

ACT 1994

PRESENTED BY

FATHIMA NISAR A
2ND YEAR MHA
CPAS SME
GANDHINAGAR, KOTTAYAM
 INTRODUCTION

 The transplantation of human organs act provides for the

regulation of removal, storage and transplantation of human organs
for therapeutic purposes and for the prevention of commercial
dealings in human organs.

 Organs that can be transplanted are

 The heart, kidneys, eyes, liver, pancreas, intestine, and thymus.
 Tissues include bones, tendons, cornea, skin, heart valves and veins.
 Worldwide the kidneys are the most commonly transplanted organs,
followed closely by the liver and then the heart.
 FEATURES OF THE ACT

 Provides for the regulation of removal , storage and

transplantation of human organs for therapeutic purposes and for the
prevention of commercial dealings in human organs.

 Illegalizes the buying and selling of human organs and make cash for
kidney transplantation as a criminal offence .

 Establishes an institutional structure to authorize and regulate

human organ transplants and to register and regulate, through
regular checks, hospitals that are permitted to perform transplants.

 Recognizes, for the first time in India, the concept of brainstem death,
paving the way for a cadaver based kidney transplant programme;
 CHAPTER 1
 Short title
 Applications
 Definitions
o This act may be called the transplantation of human organs
act 1994
o It applies in the first instance to the whole of the states of
Goa, Himachal Pradesh, and Maharashtra and to all the union
territories and it shall also apply to such other states
 DEFINITIONS
 “Advertisement” includes any form of advertising whether to the public
generally or to any section of the public or individually to selected
persons;

 “Appropriate Authority” means the appropriate authority appointed

under section 13;

 Authorisation Committee” means the committee constituted under

clause (a) or clause (b) of sub-section (4) of section 9;

 “brain-stem death” means the stage at which all functions of the brain
stem have permanently and irreversibly ceased and is so certified under
sub-section (6) of section 3;

 “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 under subsection (1) or sub-section (2) of section 3;

 “Hospital” includes a nursing home, clinic, medical centre, medical or

teaching institution for therapeutic purposes and other like institution;

 “Human organ” means any part of a human body consisting of a structured

arrangement of tissues which, if wholly removed, cannot be replicated by
the body;

 “Near-relative” means spouse, son, daughter, father, mother, brother or

sister;

 “Notification” means a notification published in the official gazette;

 “Payment” means payment in money or money’s worth but does not

include any payment for defraying or reimbursing
 CHAPTER 2
Authority For Removal Of Human Organs

(1) Any donor may, in such manner and subject to such

conditions as may be prescribed, authorize the removal,
before his death , of any human organ of his body for
therapeutic purposes.
(2) Any donor, in writing and in the presence of two or more
witnesses unequivocally authorized at any time before his
death , for therapeutic purpose.
(3) If any near relative of the deceased person has no objection
for removal of his organ for therapeutic purposes.
(4) Authority has to given to registered medical practitioner.
5) shall satisfy himself before such removal, by a personal
examination of the body from which organ is to be removed
that is extinct in case of brain stem death.
6) Authority of removal of organ is given only if death is certified
medical experts.
7) when brain stem death of any person, less than eighteen
years of age, occurs is certified any of the parents of
deceased person may give the authority of removal of any
organ from the body of deceased person.
Removal of human organs not be authorized
in certain cases
Authority of removal of human organs in cases of unclaimed bodies in
hospital or prison

A. If any unclaimed body lying in hospital or prison is not identified

by near relative with in 48hrs authority is given for removal of
human organs by person in charge of management or control of
hospital or prison.
B. No authority is given if the person empowered to give such
authority has reason to believe that any near relative of the
deceased is likely to claim dead body even though such near
relative has not come forward to claim the body of the deceased
person within the time specified in such sub section (1).
C. Authority for removal of human organs from bodies sent for
postmortem examination for medico legal or pathological purpose
D. Preservation of human organs: after removal of any organ
from human body registered medical practitioner shall take
prescribed steps for preservations.
E. Restriction on removal & transplantation of human organs:
No human organs shall be removed from body of donor
before his death & transplantation into recipient unless
donor is near relative of recipient.
 CHAPTER 3
REGULATIONS OF HOSPITAL

Regulation of the hospital conducting the removal, storage or

transplantation of human organs
i. No hospital shall commence any activity relating to
removal, storage or transplantation of any human organ
unless it is registered under this act.
ii. No medical practitioner or any other person shall conduct
or aid in conducting removal, storage or transplantation of
any human organ at place other than registered.
iii. No place including a hospital registered under subsection
(1) of section 15 shall be used or cause to be used by any
person for the removal, storage or transplantation of
human organ except for therapeutic purposes.
IV. Prohibition of removal or transplantation of human organs for any
purpose other than therapeutic purpose:
No person & no donor give authority for transplantation of
organ for any purpose other than therapeutic
V. Explaining effects etc to donor & recipient:
No registered medical practitioner shall undertake removal or
transplantation unless he has explained prescribed manner, all
possible effect & complication to donor & recipient respectively.
 CHAPTER 4
APPROPRIATE AUTHORITY

O Central and state government shall appoint one or more

officers as appropriate authorities for this act.
Functions:
1. To grant registration & suspend or cancel registration.
2. To enforce such standards as may be prescribed for hospitals
engaged in the removal , storage or transplantation of any human
organ.
3. To investigate any complaint.
4. To inspect hospitals periodically for examination of the quality of
transplantation and the follow up medical care to person who have
undergone transplantation and persons from whom organs are
removed.
 CHAPTER 5
REGISTRATION OF HSOPITALS
 Registration of hospitals engaged in removal storage or transplantation of organ
 No hospital shall commence any activity relating to removal , storage or
transplantation of any human organ unless it is registered under
 Certificate of registration:
 Appropriate authority shall grant certificate to hospital such from for such period
& subject to such conditions.
 Every certificate of registration shall be renewed such manner & on payment of
fees as prescribed.
 Suspension or cancellation of registration.
 CHAPTER 6
OFFENCES & PENALITIES

Punishment for removal of human organ without

authority
 Imprisonment for term which may extend to five years fine up to
10,000 or more.
 If a person is registered medical council for taking necessary action
including removal of his name from council for period of 2years 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 organs.
 Seeks to find a person willing to supply any human organ for payment
.
 Offers to supply any organ for payment.
 Initiates or negotiates any arrangement involving the making of any
payment for supply of human organ.
 Takes part in management or control of body of persons either a
society firm or company in initiation or negotiation any arrangement
making of any payment for supply of human organ.
 Publishes or distributes any advertisement .
 Imprisonment for term which may extend to two years to five years fine up to
10,000 to 20,000 rupees.
 If any contravenes, Imprisonment for term extend to three years fine up to
10,000
 Offence by company , The offence has been committed with the consent or
connivance of , or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
 CHAPTER 7
MISCELLANEOUS

 Protection of action in taken with good faith

 Power to make rules

 Repeal and save

 The Transplantation Of Human Organs (Amendment) Bill, 2013 drafted by
Ministry of Health.
 THO Act to cover both organs & tissues.
 Human organ retrieval center.
 Hospital with adequate ICU facilities , but not registered under the THO Act.
 Hospital registered under the THO Act.
 Transplant Coordinator
 A person appointed by a hospital coordinate all matters relating to
removal or transplantation of human organs or tissues.
 Duties of the registered medical practitioner
 Mandatory for ICU doctor, in consultation with transplant coordinator
to request relatives of brain dead patients for organ donation.
 The registered medical practitioner shall before removing any human
organ or tissue from the body of a donor before his or her death shall satisfy
himself.
 AUTHORIZATION COMMITTEE
 Foreign nationals
Authorization committee to prohibit organ transplantation where
recipient is a foreign national and donor is an Indian.
Approval of authorization committee required donor or recipient
being near relatives are foreign nationals.
 Mentally Challenged
No human organ or tissue to be removed from the body of a
mentally challenged person before his death for the purpose of
transplantation.
REGISTRATION OF HOSPTAL/ TISSUE BANK
 The appropriate authority as specified in forms
 1000rs fees payable at bank draft or postal order
 Grant a certificate of registration as specified in forms shall be valid for a period
of five years from the date of its issue and shall be renewable.
 Mandatory for the hospital to nominate a transplant coordinator.
RENEWAL OF REGISTRATION
 A period of three months prior to date expiry.
 A fee of rupees five thousand payable to the appropriate authority by means of
a bank.
 A renewal certificate of registration shall be specified in form 13 and shall be
valid for a period of five years.