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 18: Punishment for removal of human organ without authority.
    (1) Any person who renders his services to or at any hospital and who, for purposes of transplantation, conducts, associates with, or helps in any manner in, the removal of any human organ without authority, shall be punishable with imprisonment for a term which may extend to 1[ten years and with fine which may extend to twenty lakh rupees].
     (2) Where any person convicted under sub-section (1) is a registered medical practitioner, his name shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of 2[three years] for the first offence and permanently for the subsequent offence.
     3[(3) Any person who renders his services to or at any hospital and who conducts, or associates with or helps in any manner in the removal of human tissue without authority, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.]
Notes:
1. Subs. by s. 16, ibid., for "five years and with fine which may extend to ten thousand rupees" (w.e.f. 10-1-2014).
2. Subs. by s. 16, ibid., for "two years" (w.e.f. 10-1-2014).
3. Ins. by s. 16, ibid. (w.e.f. 10-1-2014).
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