Section 4 in The Transplantation of Human Organs and Tissues Act, 1994

Title: Removal of human organs or tissues or both not to be authorised in certain cases

Description: 4. Removal of 2[human organs or tissues or both] not to be authorised in certain cases.--(1) No facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under sub-section (3) of that section for the removal of any 1[human organ or tissue or both] from the body of a deceased person, if the person required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force. (2) No authority for the removal of any 1[human organ or tissue or both] from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal. 1. Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014). 2. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).

Title: Authority for removal of human organs or tissues or both in case of unclaimed bodies in hospital or prison.

Description: 5. Authority for removal of 2[human organs or tissues or both] in case of unclaimed bodies in hospital or prison.--(1) In the case of a dead body lying in a hospital or prison and not claimed by any of the near relatives of the deceased person within forty-eight hours from the time of the death of the concerned person, the authority for the removal of any 1[human organ or tissue or both] from the dead body which so remains unclaimed may be given, in the prescribed form, by the person in charge, for the time being, of the management or control of the hospital or prison, or by an employee of such hospital or prison authorised in this behalf by the person in charge of the management or control thereof. (2) No authority shall be given under sub-section (1) if the person empowered to give such authority has reason to believe that any near relative of the deceased person is likely to claim the dead body even though such near relative has not come forward to claim the body of the deceased person within the time specified in sub-section (1). 1. Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014). 2. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).

Title: Authority for removal of human organs or tissues or both from bodies sent for post-mortem examination for medico-legal or pathological purposes

Description: 6. Authority for removal of 1[human organs or tissues or both] from bodies sent for post-mortem examination for medico-legal or pathological purposes.-- Where the body of a person has been sent for post-mortem examination— (a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or (b) for pathological purposes, the person competent under this Act to give authority for the removal of any 2[human organ or tissue or both] from such dead body may, if he has reason to believe that such 2[human organ or tissue or both] will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal, for therapeutic purposes, of that 2[human organ or tissue or both] of the deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to any of his 3[human organs or tissues or both] being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his 3[human organs or tissues or both] for therapeutic purposes, after his death, such authority had not been revoked by him before his death. 1. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014). 2. Subs. by Act 16 of 2011, s. 4 for "human organ" (w.e.f. 10-1-2014). 3. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).

Title: Preservation of human organs or tissue or both

Description: 7. Preservation of 2[human organs or tissues or both].-- After the removal of any 1[human organ or tissue or both] from the body of any person, the registered medical practitioner shall take such steps for the preservation of the 1[human organ or tissue or both] so removed as may be prescribed. 1. Subs. by Act 16 of 2011, s. 4 for "human organ" (w.e.f. 10-1-2014). 2. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).

Title: Savings

Description: (1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body or with any part of the body of a deceased person if such dealing would have been lawful if this Act had not been passed. (2) Neither the grant of any facility or authority for the removal of any 1[human organ or tissue or both] from the body of a deceased person in accordance with the provisions of this Act nor the removal oil any 1[human organ or tissue or both] from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code (45 of 1860). 1. Subs. by Act 16 of 2011, s. 4 for "human organ" (w.e.f. 10-1-2014).

The Transplantation of Human Organs and Tissues Act, 1994