Medindia »  Health Acts in India  » The Transplantation of Human Organ Rules 1995 Duties of the Medical Practitioner

Health Acts in India

The Medical Termination of Pregnancy Act and Rules
The Pre-Natal Diagnostic Techniques (PNDT) Act and Rules
Acts in Disability
Insecticides Act and Rules
Maternity Benefit Act and Rules
Narcotic Drugs and Psychotropic Substances Act and Rules
The Prevention of Food Adulteration Act, 1954
Drugs and Cosmetics Act, 1940
Bio-Medical Waste (Management and Handling) Rules, 1998
The Pharmacy Act, 1948
The Transplantation of Human Organs Act and Rules
Environmental Acts and Rules
Consumer Protection Act and Medical Profession
Mental Health Act, 1987
Food Safety and Standards Regulations
The Protection of Women From Domestic Violence Act, 2005
The Marriage Laws (Amendment) Bill, 2010
The Prohibition Of Sexual Harassment Of Women At Workplace Bill, 2010
Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011
Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011
Services
  Indian Laws and Regulations Related to Health
The Transplantation of Human Organ Rules 1995 Duties of the Medical Practitioner

Definitions

Duties of the Medical Practitioner

Authorisation committee

Preservation of organs

Composition of Authorisation Committees

Registration of hospital

Conditions for grant of certificate of registration

FORM 1(A)

FORM 1(B)

FORM 1(C)

FORM 2

FORM 3

FORM 4

FORM 6

FORM 7

FORM 8

FORM 9

FORM 10

FORM 11

FORM 12

FORM 13

 4. Duties of the Medical Practitioner

5[(1) A registered medical practitioner shall, before removing a human organ from the body of a donor before his death, satisfy himself-

  1. that the donor has given his authorization in Form 1(A) or 1(B) or 1(C).


  1. that the donor is in proper state of health and is fit to donate the organ, and the registered medical practitioner shall sign a certificate as specified in Form 2.


  1. That the donor is a near relative of the recipient as certified in Form 3, who has signed Form 1(A) or 1(B) as applicable to the donor and that the donor has submitted an application in Form 10 jointly with the recipient and that the proposed donation has been approved by the concerned competent authority and that the necessary documents as prescribed and medical tests, if required, to determine the factum of near relationship, have been examined to the satisfaction of the Registered Medical Practitioner i.e. Incharge of transplant center.


  1. That in case the recipient is spouse of the donor, the donor has given a statement to the effect that they are so related by signing a certificate in Form 1(B) and has submitted an application in Form 10 jointly with the recipient and that the proposed donation has been approved by the concerned competent authority under provision of sub-rule (2) of rule 4A.


  1. In case of a donar who is other than a near relative and has sined Form 1(C) and submitted an application in Form 10 jointly with the recipient, the permission from the Authorisation Committee for the said donation has been obtained.]


(2) A registered medical practitioner shall, before removing a human organ form the body of a person after his death satisfy himself-

  1. that the donor had, in the presence of two or more witnesses (at least one of whom is a

near relative of such person), unequivocally authorized as specified in Form 5 before his death, the removal of the human organ of his body, after his death, for therapeutic purposes and there is no reason to believe that the donor had subsequently revoked the authority aforesaid;

1[(b) that then person lawfully in possession of the dead body has signed a certificate as specified in Form 6.]


(3) A registered medical practitioner shall, before removing a human organ from the body of a person in the event of his brain-stem death, satisfy himself-

(a) that a certificate as specified in Form 8 has been signed by all the members of the

Board of Medical Experts referred to in sub-section (6) of section 3 of the Act;


  1. that in the case of brian-stem death of a person of less than eighteen years of age, a

certificate specified in Form 8 has been signed by all the members of the Board of Medical Experts referred to in sub-section (6) of section 3 of the Act and an authority as specified in Form 9 has been signed by either of the parents of such person.

Comment & Contribute
Comments should be on the topic and should not be abusive. The editorial team reserves the right to review and moderate the comments posted on the site.
* Your comment can be maximum of 2500 characters
I agree to the terms and conditions
If you have a question about health related issues, you can now post it in our Ask An Expert section on our community website Medwonders.com and get answers from our panel of experts.
Posted by:  Mukesh Yadav, India  Posted on: 3/23/2009
WHAT IS THE STATUS OF RECENT AMENDMENTS IN the TRANSPLANTATION OF HUMAN ORGAN ACT?
WHETHER THERE IS ANY CHANGE OR NOT?