Section 14 in The Transplantation of Human Organs and Tissues Act, 1994

Title: Registration of hospitals engaged in removal, storage or transplantation of human organs or tissues or both

Description: 14. Registration of hospitals engaged in removal, storage or transplantation of 1[human organs or tissues or both].--(1) 2[No hospital (including Human Organ Retrieval Centre)] shall commence any activity relating to the removal, storage or transplantation of any 3[human organ or tissue or both] for therapeutic purposes after the commencement of this Act unless such hospital is duly registered under this Act: Provided that every hospital engaged, either partly or exclusively, in any activity relating to the removal, storage or transplantation of any 3[human organ or tissue or both] for therapeutic purposes immediately before the commencement of this Act, shall apply for registration within sixty days from the date of such commencement: Provided further that every hospital engaged in any activity relating to the removal, storage or transplantation of any 3[human organ or tissue or both] shall cease to engage in any such activity on the expiry of three months from the date of commencement of this Act unless such hospital has applied for registration and is go registered or till such application is disposed of, whichever is earlier. (2) Every application for registration under sub-section (1) shall be made to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. (3) No hospital shall be registered under this Act unless the Appropriate Authority is satisfied that such hospital is in a position to provide such specialised services and facilities, possess) such skilled manpower and equipments and maintain such standards as may be prescribed. 4[(4) No hospital shall be registered under this Act, unless the Appropriate Authority is satisfied that such hospital has appointed a transplant coordinator having such qualifications and experience as may be prescribed.] 1. Subs. by Act of 16 of 2011, s. 4, for "human organs" (w.e.f. 10-1-2014). 2. Subs. by s. 11, ibid., for "No hospital" (w.e.f. 10-1-2014). 3. Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014). 4. Ins. by Act 16 of 2011, s. 11 (w.e.f. 10-1-2014).

Title: Registration of Tissue Bank

Description: 1[14A. Registration of Tissue Bank.-- (1) No Tissue Bank shall, after the commencement of the Transplantation of Human Organs (Amendment) Act, 2011 (16 of 2011), commence any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues unless it is duly registered under this Act: Provided that any facility engaged, either party or exlusively, in any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues immediately before the commencement of the Transplantation of Human Organs (Amendment) Act, 2011 (16 of 2011), shall apply for registration as Tissues Bank within sixty days from the date of such commencement: Provided further that such facility shall cease to engage in any such activity on the expiry of three months from the date of commencement of the Transplantation of Human Organs (Amendement) Act, 2011 (16 of 2011), unless such Tissue Bank has applied for registration and is so registered, or till such application is disposed of, whichever is earlier. (2) Every application for registration under sub-section (1) shall be made to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. (3) No Tissue Bank shall be registered under this Act unless the Appropriate Authority is satisfied that such Tissue Bank is in a position to provide such specialised service and facilities, possess such skilled manpower and equipments and maintain such standards as may be prescribed.] 1. ns. by s. 12, ibid. (w.e.f. 10-1-2014).

Title: Certificate of registration

Description: (1) The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this Act and the rules made thereunder, 1[grant to the hospital or to the tissue Bank, as the case may be,] a certificate of registration in such form, for such period and subject to such conditions as may be prescribed. (2) If, after the inquiry and after giving an opportunity to the applicant of being heard, the Appropriate Authority is satisfied that the applicant has not complied with the requirement of this Act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the application for registration. (3) Every certificate of registration shall be renewed in such manner and on payment of such fees as may be prescribed. 1. Subs. by s. 13, ibid., for "grant to the hospital" (w.e.f. 10-1-2014).

Title: Suspension or cancellation of registration

Description: (1) The Appropriate Authority may, suo motu or on complaint, issue a notice to any 1[hospital or Tissue Bank, as the case may be,] to show cause why its registration under this Act should not be suspended or cancelled for the reasons mentioned in the notice. (2) If, after giving a reasonable opportunity of being heard to the 1[hospital or Tissue Bank, as the case may be,] the Appropriate Authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder, it may, without prejudice to any criminal action that it may take against such 1[hospital or Tissue Bank, as the case may be,] suspend its registration for such period as it may think fit or cancel its registration: Provided that where the Appropriate Authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any 2[hospital or Tissue Bank, as the case may be,] without issuing any notice. 1. Subs. by s. 14, ibid., for "hospital" (w.e.f. 10-1-2014). 2. Subs. by Act 16 of 2011, s. 14, for "hospital" (w.e.f. 10-1-2014).

Title: Appeals

Description: Any person aggrieved by an order of the Authorisation Committee rejecting an application for approval under sub-section (6) of section 9, or any hospital 1[or Tissue Bank, as the case may be,] aggrieved by an order of the Appropriate Authority rejecting an application for registration under sub-section (2) of section 15 or an order of suspension or cancellation of registration under sub-section (2) of section 16, may, within thirty days from the date of the receipt of the order, prefer an appeal, in such manner as may be prescribed, against such order to— (i) the Central Government where the appeal is against the order of the Authorisation Committee constituted under clause (a) of sub-section (4) of section 9 or against the order of the Appropriate Authority appointed under sub-section (1) of section 13; or (ii) the State Government, where the appeal is against the order of the Authorisation Committee constituted under clause (b) of sub-section (4) of section 9 or against the order of the Appropriate Authority appointed under sub-section (2) of section 13. 1. Ins. by s. 15, ibid. (w.e.f. 10-1-2014).

The Transplantation of Human Organs and Tissues Act, 1994