Section 10 in The Transplantation of Human Organs and Tissues Act, 1994

Title: Regulation of hospital conducting the removal, storage or transplantation of human organs or tissue or both

Description: 10. Regulation of hospitals conducting the removal, storage or transplantation of 2[human organs or tissues or both].-- (1) On and from the commencement of this Act,-- (a) no hospital, unless registered under this Act, shall conduct, or associate with, or help in, the removal, storage or transplantation of any 1[human organ or tissue or both]; (b) no medical practitioner or any other person shall conduct, or cause to be conducted, or aid in conducting by himself or through any other person, any activity relating to the removal, storage or transplantation of any 1[human organ or tissue or both] at a place other than a place registered under this Act; 3*** (c) no place including a hospital registered under sub-section (1) of section 15 shall be used or cause to be used by any person for the removal, storage or transplantation of any 1[human organ or tissue or both] except for therapeutic purposes; 4[and] 5[(d) no Tissues Bank, unless registered under this Act, shall carry out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues.] (2) Notwithstanding anything contained in sub-section (1), the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purposes, by a registered medical practitioner. Explanation.--For the purposes of this sub-section, "ears" includes ear drums and ear bones. 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. The word "and" omitted by s. 8, ibid. (w.e.f. 10-1-2014). 4. The word "and" ins by s. 8, ibid. (w.e.f. 10-1-2014). 5. Ins. by s. 8, ibid. (w.e.f. 10-1-2014).

Title: Prohibition of removal or transplantation of human organs or tissues or both for any purpose other than therapeutic purpose

Description: 11. Prohibition of removal or transplantation of 2[human organs or tissues or both] for any purpose other than the rapeatic purposes.-- No donor and no person empowered to give authority for the removal of any human organ shall authorise the removal of any 1[human organ or tissue or both] for any purpose other than therapeutic purposes. 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: Explaining effects, etc., to donor and recipient

Description: No registered medical practitioner shall undertake the removal or transplantation of any 1[human organ or tissue or both] unless he has explained, in such manner as may be prescribed, all possible effects, complications and hazards connected with the removal and transplantation to the donor and the recipient respectively. 1. Subs. by Act 16 of 2011, s. 4, for "human organ" (w.e.f. 10-1-2014).

Title: Appropriate Authority

Description: (1) The Central Government shall appoint, by notification, one or more officers as Appropriate Authorities for each of the Union territories for the purposes of this Act. (2) The State Government shall appoint, by notification, one or more officers as Appropriate Authorities for the purposes of this Act. (3) The Appropriate Authority shall perform the following functions, namely:-- (i) to grant registration under sub-section (1) of section 15 or renew registration under sub-section (3) of that section; (ii) to suspend or cancel registration under sub-section (2) of section 16; 1[(iii) to enforce such standards, as may be prescribed,-- (A) for hospitals engaged in the removal, storage or transplantation of any human organ: (B) for Tissue Banks engaged in recovery, screening, testing, processing, storage and distribution of tissues;] (iv) to investigate any complaint of breach of any of the provisions of this Act or any of the rules made thereunder and take appropriate action; 2[(iva) to inspect Tissue Banks periodically;] (v) to inspect hospitals periodically for examination of the quality of transplantation and the follow-up medical care to persons who have undergone transplantation and persons from whom organs are removed; and (vi) to undertake such other measures as may be prescribed. 1. Subs. by s. 9, ibid., for clause (iii) (w.e.f. 10-1-2014). 2. Ins. by s. 9, ibid. (w.e.f. 10-1-2014).

Title: Advisory Committees to advise Appropriate Authority

Description: 1[13A. Advisory Committees to advise Appropriate Authority.-- (1) The Central Government and and the State Governments, as the case may be, by notification, shall constitute an Advisory Committee for a period of two years to aid and advise the Appropriate Authority to discharge its functions. (2) The Advisory Committee shall consist of— (a) one administrative expert not below the rank of Secretary to the State Government, to be nominated as Chairperson of the Advisory Committee; (b) two medical experts having such qualifications as may be prescribed; (c) one officer not below the rank of a Joint Director to represent the Ministry or Department of Health and Family Welfare, to be designated as Member-Secretary; (d) two eminent social workers of high social standing and integrity, one of whom shall be from amongst representatives of womens organisation; (e) one legal expert who has held the position of an Additional District Judge or equivalent; (f) one person to represent non-governmental organisations or associations which are working in the field of organ or tissue donations or human rights; (g) one specialist in the field of human organ transplantation, provided he is not a member of the transplantation team. (3) The terms and conditions for appointment to the Advisory Committee shall be such as may be prescribed by the Central Government.] 1. Ins. by s. 10, ibid. (w.e.f. 10-1-2014).

The Transplantation of Human Organs and Tissues Act, 1994