Section 4

Removal of human organs or tissues or both not to be authorised in certain cases.

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
    4. Removal of 2[human organs or tissues or both] not to be authorised in certain cases.--(1) No facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under sub-section (3) of that section for the removal of any 1[human organ or tissue or both] from the body of a deceased person, if the person required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force.
     (2) No authority for the removal of any 1[human organ or tissue or both] from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal.

Notes

1. Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014).
2. Subs. by s. 4, ibid., for "human organs" (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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