Section 41 in The Protection of Human Rights Act, 1993

Title: Power of State Government to make rules

Description: (1) The State Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of 1[the Chairperson and Members] under section 26; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27; (c) the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 35. (3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. 1. Subs. Act 43 of 2006, s. 19, for "the Members" (w.e.f. 23-11-2006)

Title: Power to remove difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Title: Repeal and savings

Description: (1) The Protection of Human Rights Ordinance, 1993 (Ord. 30 of 1993) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.

Title: Short title, application and commencement

Description: This Act may be called the Transplantation of 1[Human Organs and Tissues] Act, 1994. (2) 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 State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force in the States of Goa, Himachal Pradesh and Maharashtra and in all the Union territories on such date2 as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, means the date on which this Act comes into force in such State or Union territory 1 Subs. by s. 3, ibid., for "Human Organs" (w.e.f. 10-1-2014). 2 4th February, 1995, vide Notification No. S.O. 80(E), dated the 4th February, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii). Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "advertisement" includes any form of advertising whether to the public generally or to any section of the public or, individually to selected persons; (b) "Appropriate Authority" means the Appropriate Authority appointed under section 13; (c) "Authorisation Committee" means the committee constituted under clause (a) or clause (b) of sub-section (4) of section 9; (d) "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; (e) "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; (f) "donor" means any person, not less than eighteen years of age, who voluntarily authorises the removal of any of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3; (g) "hospital" includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic purposes and other like institution; (h) "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; 1[(ha) "Human Organ Retrieval Centre" means a hospital,-- (i) which has adequate facilities for treating seriously ill patients who can be potential donours of organs in the event of death; and (ii) which is registered under sub-section (1) of section 14 for retrieval of human organs;] (hb) "minor" means a person who has not completed the age of eighteen years; 2[(i) "near relative" means spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter;] (j) "notification" means a notification published in the Official Gazette; (k) "payment" means payment in money or money's worth but does not include any payment for defraying or reimbursing (i) the cost of removing, transporting or preserving the 3[human organ or tissue or both] to be supplied; or (ii) any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his supplying any human organ from his body; (l) "prescribed" means prescribed by rules made under this Act; (m) "recipient" means a person into whom any 3[human organ or tissue or both] is, or is proposed to be, transplanted; (n) "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and who is enrolled on a State Medical Register as defined in clause (k) of that section; (o) "therapeutic purposes" means systematic treatment of any disease or the measures to improve health according to any particular method or modality; 3*** 4[(oa) "tissue" means a group of cells, except blood, performing a particular function in the human body; (ob) "tissue Bank" means a facility registered under section 14A for carrying out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues, but does not to include a Blood Bank;] (p) "transplantation" means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes; 4[(q) "transplant co-ordinator" means a person appointed by the hospital for co-ordinating all matters relating to removal or transplantation of human organs or tissues or both and for assisting the authority for removal of human organs in accordance with the provisions of sections 3.] 1 Ins. by Act 16 of 2011, s. 5 (w.e.f. 10-1-2014). 2 Subs. by s. 5, ibid., for clause (i) (w.e.f. 10-1-2014). 3 Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014). 4 Ins. by s. 5, ibid. (w.e.f. 10-1-2014)