THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994. ACT NO. 42 OF 1994, 8th July, 1994.
An Act to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues] and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the regulation of removal, storage and transplantation of human organs or tissues or both] for therapeutic purposes and for the prevention of commercial dealings in human organs or tissues or both;
AND WHEREAS in Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and Maharashtra to the effect that the matters aforesaid should be regulated in those States by Parliament by law;
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
Download PDF for Transplantation of Human Organs and Tissues Act, 1994
| Title | The Transplantation of Human Organs and Tissues Act, 1994 |
| Sections: | Particulars: |
| 1. | Short title, application and commencement |
| 2. | Definitions |
| 3. | Authority for removal of human organs or tissues or both |
| 4. | Removal of human organs or tissues or both not to be authorised in certain cases. |
| 5. | Authority for removal of human organs or tissues or both in case of unclaimed bodies in hospital or prison |
| 6. | Authority for removal of human organs or tissues or both from bodies sent for post-mortem examination for medico-legal or pathological purposes |
| 7. | Preservation of human organs or tissue or both |
| 8. | Savings. |
| 9. | Restrictions on removal and transplantation of human organs or tissues or both. |
| 10. | Regulation of hospital conducting the removal, storage or transplantation of human organs or tissue or both. |
| 11. | Prohibition of removal or transplantation of human organs or tissues or both for any purpose other than therapeutic purpose |
| 12. | Explaining effects, etc., to donor and recipient |
| 13. | Appropriate Authority. |
| 13A. | Advisory Committees to advise Appropriate Authority |
| 13B. | Powers of Appropriate Authority |
| 13C. | National Human Organs or tissues or both and Tissues Removal and Storage Network |
| 13D. | National registry |
| 14. | Registration of hospitals engaged in removal, storage or transplantation of human organs or tissues or both |
| 14A. | Registration of Tissue Bank. |
| 15. | Certificate of registration. |
| 16. | Suspension or cancellation of registration. |
| 17. | Appeals. |
| 18. | Punishment for removal of human organ without authority |
| 19. | Punishment for commercial dealings in human organs |
| 19A. | Punishment for illegal dealings in human tissues |
| 20. | Punishment for contravention of any other provision of this Act |
| 21. | Offences by companies |
| 22. | Cognizance of offences |
| 23. | Protection of action taken in good faith |
| 24. | Power to make rules |
| 25. | Repeal and savings |