Section 5 in The Transplantation of Human Organs and Tissues Act, 1994

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).

Title: Restrictions on removal and transplantation of human organs or tissues or both

Description: 9. Restrictions on removal and transplantation of 2[human organs or tissues or both].--(1) Save as otherwise provided in sub-section (3), no 1[human organ or tissue or both] removed from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the recipient. 3[(1A) Where the donor or the recipient being near relative is a foreign national, prior approval of the Authorisation Committee shall be required before removing or transplanting human organ or tissue or both: Provided that the Authorisation Committee shall not approve such removal or transplantation if the recipient is a foreign national and the donor is an Indian national unless they are near relatives. (1B) No human organs or tissues or both shall be removed from the body of a minor before his death for the purpose of transplantation except in the manner as may be prescribed. (1C) No human organs or tissues or both shall be removed from the body of a mentally challenge person before his death for the purpose of transplantation.— Explanation.--For the purpose of this sub-section,-- (i) the expression "mentally challenged person" includes a person with mental illness or mental retardation, as the case may be; (ii) the expression "mental illness" includes dementia, schizophrenia and such other mental condition that makes a person intellectually disables; (iii) the expression "mental retardation" shall have the same meaning as assigned to it in clause (r) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995 (1 of 1996).] (2) Where any donor authorises the removal of any of his 2[human organs or tissues or both] after his death under sub-section (2) of section 3 or any person competent or empowered to give authority for the removal of any 1[human organ or tissue or both] from the body of any deceased person authorises such removal, the 1[human organ or tissue or both] may be removed and transplanted into the body of any recipient who may be in need of such 1[human organ or tissue or both]. (3) If any donor authorises the removal of any of his 2[human organs or tissues or both] before his death under sub-section (1) of section 3 for transplantation into the body of such recipient, not being a near relative, as is specified by the donor by reason of affection or attachment towards the recipient or for any other special reasons, such 4[human organ or tissue or both] shall not be removed and transplanted without the prior approval of the Authorisation Committee. 5[(3A) Notwithstanding anything contained in sub-section (3), where— (a) any donor has agreed to make a donation of his human organ or tissue or both before his death to a recipient, who is his near relative, but such donor is not compatible biologically as a donor for the recipient; and (b) the second donor has agreed to make a donation of his human organ or tissue or both before his death to such recipient, who is his near relative, but such donor is not compatible biologically as a donor for such recipient; then (c) the first donor who is compatible biologically as a donor for the second recipient and the second donor is compatible biologically as a donor of a human organ or tissue or both for the first recipient and both donors and both recipients in the aforesaid group of donor and recipient have entered into a single agreement to donate and receive such human organ or tissue or both according to such biological compatibility in the group, the removal and transplantation of the human organ or tissue or both, as per the agreement referred to above, shall not be done without prior approval of the Authorisation Committee.] 6[(4) (a) The composition of the Authorisation Committee shall be such as may be prescribed by the Central Government from time to time. (b) The State Government and the Union territories shall constitute, by notification, one or more Authorisation Committee consisting of such members as may be nominated by the State Government and the Union territories on such terms and conditions as may be specified in the notification for the purposes of this section.] (5) On an application jointly made, in such form and in such manner as may be prescribed, by the donor and the recipient, the Authorisation Committee shall, after holding an inquiry and after satisfying itself that the applicants have complied with all the requirements of this Act and tile rules made thereunder, grant to the applicants approval for the removal and transplantation of the human organ. (6) If, after the inquiry and after giving an opportunity to the applicants of being heard, the Authorisation Committee is satisfied that the applicants have not complied with the requirements of this Act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the application for approval. 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). 3. Ins. by s. 7, ibid. (w.e.f. 10-1-2014). 4. Subs. by Act 16 of 2011, s. 4, for "human organ" (w.e.f. 10-1-2014). 5. Ins. by s. 7, ibid. (w.e.f. 10-1-2014). 6. Subs. by s. 7, ibid., for sub-section (4) (w.e.f. 10-1-2014).

The Transplantation of Human Organs and Tissues Act, 1994