Section 15 in The Transplantation of Human Organs and Tissues Act, 1994

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).

Title: Punishment for removal of human organ without authority

Description: (1) Any person who renders his services to or at any hospital and who, for purposes of transplantation, conducts, associates with, or helps in any manner in, the removal of any human organ without authority, shall be punishable with imprisonment for a term which may extend to 1[ten years and with fine which may extend to twenty lakh rupees]. (2) Where any person convicted under sub-section (1) is a registered medical practitioner, his name shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of 2[three years] for the first offence and permanently for the subsequent offence. 3[(3) Any person who renders his services to or at any hospital and who conducts, or associates with or helps in any manner in the removal of human tissue without authority, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.] 1. Subs. by s. 16, ibid., for "five years and with fine which may extend to ten thousand rupees" (w.e.f. 10-1-2014). 2. Subs. by s. 16, ibid., for "two years" (w.e.f. 10-1-2014). 3. Ins. by s. 16, ibid. (w.e.f. 10-1-2014).

Title: Punishment for commercial dealings in human organs

Description: Whoever— (a) makes or receives any payment for the supply of, or for an offer to supply, any human organ; (b) seeks to find a person willing to supply for payment any human organ; (c) offers to supply any human organ for payment; or (d) initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ; (e) takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d); or (f) publishes or distributes or causes to be published or distributed any advertisement,-- (a) inviting persons to supply for payment of any human organ; (b) offering to supply any human organ for payment; or (c) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d); 1[(g) abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human organs, as a near relative or by reason of affection or attachment towards the recipient, shall be punishable with imprisonment for a term which shall not be less than 2[five years but which may extend to ten years and shall be liable to fine which shall not be less than twenty lakh rupees but may extend to one crore rupees]. 3* * * * * 1. Ins. by Act 16 of 2011, s. 17 (w.e.f. 10-1-2014). 2. Subs. by s. 17, ibid., for "two years but which may extend to seven years and shall be liable to fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees" (w.e.f. 10-1-2014). 3. The proviso omitted by s. 17, ibid. (w.e.f. 10-1-2014).

The Transplantation of Human Organs and Tissues Act, 1994