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  Indian Laws and Regulations Related to Health
The Transplantation of Human Organs Act, 1994 - Miscellaneous

Preliminary

Authority for removal of human organs

Regulation of Hospitals

Appropriate Authority

Registration of Hospitals

Offences and penalties

Miscellaneous

CHAPTER VII-MISCELLANEOUS

23. Protection of action taken in good faith. — 

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

(2) No suit or other legal proceeding shall lie against the Central Government or the State Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

24. Power to make rules. — 

(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely: —

     (a) the manner in which and the conditions subject to which any donor may authorise removal, before his death, of any human organ of his body under sub-section (1) of Section 3;

     (b) the form and the manner in which a brain-stem death is to be certified and the conditions and requirements which are to be satisfied for that purpose under sub-section (6) of Section 3;

     (c) the form and the manner in which any of the parents may give authority, in the case of brain-stem death of a minor, for the removal of any human organ under sub-section (7) of Section 3;

    (d) the form in which authority for the removal of any human organ from an unclaimed dead body may be given by the person in charge of the management or control of the hospital or prison under sub-section (1) of section 5;

   (e) the steps to be taken for the preservation of the human organ removed from the body of any person under Section 7;

   (f) the form and the manner in which an application may be jointly made by the donor and the recipient under sub-section (5) of Section 9;

  (g) the manner in which all possible effects, complications and hazards connected with the removal and transplanation is to be explained by the registered medical practitioner to the donor and the recipient under Section 12;

  (h) the standards as are to be enforced by the Appropriate Authority for hospitals engaged in the removal, storage or transplantation of any human organ under clause (iii) of sub-section (3) of Section 13;

   (i) the other measures as the Appropriate Authority shall undertake in performing its functions under clause (vi) of sub-section (3) of Section 13;

   (j) the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under sub-section (2) of Section 14;

   (k) the specialised services and the facilities to be provided, skilled manpower and the equipments to be possessed and the standards to be maintained by a hospital for registration, under sub-section (3) of Section 14;

   (l) the form in which, the period for which and the conditions subject to which certificate of registration is to be granted to a hospital, under sub-section (1) of Section 15;

  (m) the manner in which and the fee on payment of which certificate of registration is to be renewed under sub-section (3) of Section 15;

  (n) the manner in which an appeal may be preferred under Section 17;

  (o) the manner in which a person is required to give notice to the Appropriate Authority of the alleged offence and of his intention to make a complaint to the court, under clause (b) of sub-section (1) of Section 22; and

  (p) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

25. Repeal and saving. — 

(1) The Ear Drums and Ear Bones (Authority for Use for Therapeutic Purposes) Act, 1982 (28 of 1982) and the Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 (29 of 1982) are hereby repealed.

(2) The repeal shall, however, not affect the previous operation of the Acts so repealed or anything duly done or suffered thereunder.

 

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Posted by:  kulwant singh rekhi, Canada  Posted on: 9/26/2008
Deep Hospital,Ludhiana has on the night between19 & 20 Sept.97 at 12-20 AM'had removed the organs of my sister Miss Harbhajan RekhiMass Education Officer-Class-1 & had without giving information to her nephew MaheshInder Singh Rekhi who had got her admitted & without post-mortem had got her cremated after removal of her organs-Depite complaints no action has so far been taken against the Doctor Nitin Or hospital for illegal acts so far. Kindly advise the remedy Or take up the matter with appropriate authority for ACTION.