TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 Chapter III and IV

CHAPTER III

REGULATION OF HOSPITALS
10. (1) On and from the commencement of this Act:-
(a) no hospital, unless registered under this Act, shall conduct or associate with, or help in the removal, storage or transplantation of any human organ;
(b) 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, any activity relating to the removal storage or transplantation of any human organ at a place other than a place registered under this Act; and
(c) no place including a hospital registered under sub-section
(1) of section 15 shall be used or caused to be used by any person for the removal, storage or transplantation of any human organs except for therapeutic purposes.
(2) Notwithstanding anything contained in sub-section (1), the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purposes, by a registered medical practitioner;Explanation - For the purposes of this sub-section, 'ears' includes ear drums and ear bones.
11. No donor and no person empowered to give authority for the removal of any human organs shall authorise the removal of any human organ for any purpose other than therapeutic purposes.
12. 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.

CHAPTER IV
APPROPRIATE AUTHORITY
13. (1) 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.
(2) The State Government shall appoint, by notification, one or more officers as Appropriate Authorities for the purposes of this Act.
(3) The Appropriate Authority shall perform the following functions, namely :-
(i) to grant registration under sub-section (1) of section 15 or renew registration under sub-section (3) of that section ;
(ii) to suspend or cancel registration under sub-section (2) of section 16
(iii) to enforce such standards, as may be prescribed, for hospitals engaged in the removal, storage or transplantation of any human organ;
(iv) to investigate any complaint of breach of any of the provisions of this Act or any of the rules made thereunder and take appropriate action;
(v) 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
(vi) to undertake such other measures as may be prescribed.