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The Transplantation of Human Organ Rules 1995 Authorisation committee

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Indian Laws and Regulations Related to Health

2[4A. Authorisation committee

    1. The medical practitioner who will be part of the organ transplantation team for carrying out transplantation operation shall not be a member of the Authorisation committee constituted under the provision of clauses (a) and (b) of sub-section (4) of section9 of the Act.

(2) Where the proposed transplantation is between a married couple, the Registered Medical Practitioner i.e. Incharge of transplant center must evaluate the factum and duration of marriage and ensure that documents such as marriage certificate, marriage photograph etc. Are kept for records along with the information on the number of age of children and family photograph depicting the entire immediately family, birth certificate of children containing particulars of parents.

(3) When the proposed donor or recipient or both are not Indian Nationals/citizens whether ‘near relatives’ or otherwise, Authorisation Committees shall consider all such requests.


(4) When the proposed donor and the recipient are not “near relatives’, as defined under clause (i) of section 2 of the Act, the Authorisation Committee shall evaluate that,-

(i) there is no commercial transaction between the recipient and the donor and that no

payment or money or moneys worth as referred to the Act, has been made to the donor

or promised to be made to the donor or any other person;


(ii) the following shall specifically be assessed by the Authorisation Committee:-

  1. an explanation of the link between them and the circumstances which led to the offer being made;reasons why the donor wished to donate;

  1. documentary evidence of the link, e.g. proof that the have lived together, etc;

  2. old photographs showing the donor and recipient together;


(iii) that there is no middleman or tout involved;


(iv) that financial status of the donor and the recipient is probed by asking them to give

appropriate evidence of their vocation and income for the previous three financial years.

Any gross disparity between the status of the two must be evaluated in the backdrop of

the objective of preventing commercial dealing;

(v) that the donor is not a drug addict or known person with criminal record;

(vi) that the next of the kin of the proposed unrelated donor is interviewed regarding

awareness about his or her intention to donate an organ, the authenticity of the link

between the donor and the recipient and the reasons for donation. Any strong views or

disagreement or objection such kin shall also be recorded and taken note of.]

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Mukesh Yadav
WHAT IS THE STATUS OF RECENT AMENDMENTS IN the TRANSPLANTATION OF HUMAN ORGAN ACT?
WHETHER THERE IS ANY CHANGE OR NOT?
Mukesh Yadav  Monday, March 23, 2009

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