The TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994

PRELIMINARY

Section 1 — Short title, application and commencement.

(1) This Act may be called the Transplantation of Human Organs and Tissues Act, 1994.

(2) It applies, in the first instance, to the whole of the States of Goa, Himachal Pradesh and Maharashtra and to all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

(3) It shall come into force in the States of Goa, Himachal Pradesh and Maharashtra and in all the Union territories on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, means the date on which this Act comes into force in such State or Union territory.

Browse all 31 sections
  1. 1.Short title, application and commencement.
  2. 2.Definitions.
  3. 3.Authority for removal of human organs or tissues or both.
  4. 4.Removal of human organs or tissues or both not to be authorised in certain cases.
  5. 5.Authority for removal of human organs or tissues or both in case of unclaimed bodies in hospital or prison.
  6. 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. 7.Preservation of human organs or tissue or both.
  8. 8.Savings.
  9. 9.Restrictions on removal and transplantation of human organs or tissues or both.
  10. 10.Regulation of hospital conducting the removal, storage or transplantation of human organs or tissue or both.
  11. 11.Prohibition of removal or transplantation of human organs or tissues or both for any purpose other than therapeutic purpose.
  12. 12.Explaining effects, etc., to donor and recipient.
  13. 13.Appropriate Authority.
  14. 13A.Advisory Committees to advise Appropriate Authority.
  15. 13B.Powers of Appropriate Authority.
  16. 13C.National Human Organs or tissues or both and Tissues Removal and Storage Network.
  17. 13D.National registry.
  18. 14.Registration of hospitals engaged in removal, storage or transplantation of human organs or tissues or both.
  19. 14A.Registration of Tissue Bank.
  20. 15.Certificate of registration.
  21. 16.Suspension or cancellation of registration.
  22. 17.Appeals.
  23. 18.Punishment for removal of human organ without authority.
  24. 19.Punishment for commercial dealings in human organs.
  25. 19A.Punishment for illegal dealings in human tissues.
  26. 20.Punishment for contravention of any other provision of this Act.
  27. 21.Offences by companies.
  28. 22.Cognizance of offences.
  29. 23.Protection of action taken in good faith.
  30. 24.Power to make rules.
  31. 25.Repeal and savings.