Act Number: 42

Act Name: The Transplantation of Human Organs and Tissues Act, 1994

Year: 1994

Enactment Date: 1994-07-08

Long Title: 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.

Ministry: Ministry of Health and Family Welfare

Department: Department of Health and Family Welfare

Section 6: Authority for removal of human organs or tissues or both from bodies sent for post-mortem examination for medico-legal or pathological purposes.
    6. Authority for removal of 1[human organs or tissues or both] from bodies sent for post-mortem examination for medico-legal or pathological purposes.-- Where the body of a person has been sent for post-mortem examination--
         (a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or
         (b) for pathological purposes,
the person competent under this Act to give authority for the removal of any 2[human organ or tissue or both] from such dead body may, if he has reason to believe that such 2[human organ or tissue or both] will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal, for therapeutic purposes, of that 2[human organ or tissue or both] of the deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to any of his 3[human organs or tissues or both] being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his 3[human organs or tissues or both] for therapeutic purposes, after his death, such authority had not been revoked by him before his death.
Notes:
1. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).
2. Subs. by Act 16 of 2011, s. 4 for "human organ" (w.e.f. 10-1-2014).
3. Subs. by s. 4, ibid., for "human organs" (w.e.f. 10-1-2014).
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