Section 13

Appropriate Authority.

The Transplantation of Human Organs and Tissues Act, 1994

  • Act 42 of 1994
  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
About this Act

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.

All sections
    (1) The Central Government shall appoint, by notification, one or more officers as Appropriate Authorities for each of the Union territories for the purposes of this Act.
     (2) The State Government shall appoint, by notification, one or more officers as Appropriate Authorities for the purposes of this Act.
     (3) The Appropriate Authority shall perform the following functions, namely:--
         (i) to grant registration under sub-section (1) of section 15 or renew registration under sub-section (3) of that section;
         (ii) to suspend or cancel registration under sub-section (2) of section 16;
         1[(iii) to enforce such standards, as may be prescribed,--
             (A) for hospitals engaged in the removal, storage or transplantation of any human organ:
             (B) for Tissue Banks engaged in recovery, screening, testing, processing, storage and distribution of tissues;]
         (iv) to investigate any complaint of breach of any of the provisions of this Act or any of the rules made thereunder and take appropriate action;
         2[(iva) to inspect Tissue Banks periodically;]
         (v) to inspect hospitals periodically for examination of the quality of transplantation and the follow-up medical care to persons who have undergone transplantation and persons from whom organs are removed; and
         (vi) to undertake such other measures as may be prescribed.

Notes

1. Subs. by s. 9, ibid., for clause (iii) (w.e.f. 10-1-2014).
2. Ins. by s. 9, ibid. (w.e.f. 10-1-2014).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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