Vidhi Codex

The Transplantation of Human Organs Act, 1994

The Transplantation of Human Organs Act, 1994

Health199420 sections6 chapters

This law regulates the removal, storage, and transplantation of human organs for medical treatment while strictly prohibiting the buying and selling of organs. It applies initially to the states of Goa, Himachal Pradesh, Maharashtra, and all Union Territories, with other states able to adopt it later. The legislation establishes legal procedures for obtaining organs from living donors before death and from deceased donors after brain-stem death, ensuring that life-saving transplants are conducted ethically and safely under government oversight.

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Chapter II Chapter II →

  1. 3Authority for removal of human organs
  2. 4Removal of human organs not to be authorised in certain cases.
  3. 5Authority for removal of human organs in case of unclaimed bodies in hospital or prison.
  4. 6Authority for removal of human organs from bodies sent for post-mortem examination for medico-legal or pathological purposes.
  5. 7Preservation of human organs.

Chapter III Regulation of hospitals →

  1. 10Regulation of hospitals conducting the removal, storage or transplantation of human organs
  2. 11Prohibition of removal or transplantation of human organs for any purpose other than therapeutic purposes.
  3. 12Explaining effects, etc., to donor and recipient.

Chapter IV Appropriate Authority →

  1. 13Appropriate Authority

Chapter V Registration of Hospitals →

  1. 14Registration of hospitals engaged in removal, storage or transplantation of human organs.
  2. 15Certificate of registration
  3. 16Suspension or cancellation of registration

Chapter VI Offences and Penalties →

  1. 18Punishment for removal of human organ without authority.
  2. 19Punishment for commercial dealings in human organs
  3. 20Punishment for contravention of any other provision of this Act.
  4. 21Offences by companies.
  5. 22Cognizance of offence

Chapter VII Miscellaneous →

  1. 23Protection of action taken in good faith.

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