Section 5
Authority for removal of human organs or tissues or both in case of unclaimed bodies in hospital or prison.
The Transplantation of Human Organs and Tissues Act, 1994
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.
5. Authority for removal of 2[human organs or tissues or both] in case of unclaimed bodies in
hospital or prison.--(1) In the case of a dead body lying in a hospital or prison and not claimed by any
of the near relatives of the deceased person within forty-eight hours from the time of the death of the
concerned person, the authority for the removal of any 1[human organ or tissue or both] from the dead
body which so remains unclaimed may be given, in the prescribed form, by the person in charge, for
the time being, of the management or control of the hospital or prison, or by an employee of such
hospital or prison authorised in this behalf by the person in charge of the management or control thereof.
(2) No authority shall be given under sub-section (1) if the person empowered to give such authority has reason to believe that any near relative of the deceased person is likely to claim the dead body even though such near relative has not come forward to claim the body of the deceased person within the time specified in sub-section (1).
(2) No authority shall be given under sub-section (1) if the person empowered to give such authority has reason to believe that any near relative of the deceased person is likely to claim the dead body even though such near relative has not come forward to claim the body of the deceased person within the time specified in sub-section (1).
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).
2. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).