3. Authority for removal of 1
[human organs or tissues or both].—(1) Any donor may, in such
manner and subject to such conditions as may be prescribed, authorise the removal, before his death,
of any 2
[human organ or tissue or both] of his body for therapeutic purposes.
3
[(1A) For the purpose of removal, storage or transplantation of such human organs or tissues or both,
as may be prescribed, it shall be the duty of the registered medical practitioner working in a hospital, in
consultation with transplant co-ordinator, if such transplant co-ordinator is available,—
(i) to ascertain from the person admitted to the Intensive Care Unit or from his near relative that
such person had authorised at any time before his death the removal of any human organ or tissue or
both of his body under sub-section (2), then the hospital shall proceed to obtain the documentation for
such authorisation;
(ii) where no such authority as referred to in sub-section (2) was made by such person, to make
aware to that person or near relative for option to authorise or decline for donation of
human organs or tissues or both;
(iii) to require the hospital to inform in writing to the Human Organ Removal Centre for removal,
storage or transplantation of human organs or tissues or both of the donor identified in
clauses (i) and (ii) in such manner as may be prescribed
(1B) The duties mentioned under clauses (i) to (iii) of sub-section (1A) from such date, as may be
prescribed, shall also apply in the case of a registered medical practitioner working in an Intensive Care
Unit in a hospital which is not registered under this Act for the purpose of removal, storage or
transplantation of human organs or tissues or both.]
(2) If any donor had, in writing and in the presence of two or more witnesses
(at least one of whom is a near relative of such person), unequivocally authorised at any time before
his death, the removal of any human organ of his body, after his death, for therapeutic purposes,
the person lawfully in possession of the dead body of the donor shall, unless he has any reason to believe
that the donor had subsequently revoked the authority aforesaid, grant to a registered medical
practitioner all reasonable facilities for the removal, for therapeutic purposes, of that 2
[human organ or
tissue or both] from the dead body of the donor.
(3) Where no such authority as is referred to in sub-section (2), was made by any person before his
death but no objection was also expressed by such person to any of his 1
[human organs or tissues or both]
being used after his death for therapeutic purposes, the person lawfully in possession of the dead body
of such person may, unless he has reason to believe that any near relative of the deceased person has
objection to any of the deceased person’s 1
[human organs or tissues or both] being used for
therapeutic purposes, authorise the removal of any 2
[human organ or tissue or both] of the deceased
person for its use for therapeutic purposes.
(4) The authority given under sub-section (1) or sub-section (2) or, as the case may be,
sub-section (3) shall be sufficient warrant for the removal, for therapeutic purposes, of the 2
[human
organ or tissue or both]; but no such removal shall be made by any person other than the registered
medical practitioner:
3
[Provided that a technician possessing such qualifications and experience, as may be prescribed,
may enucleate a cornea.]
(5) Where any 2
[human organ or tissue or both] is to be removed from the body of a deceased
person, the registered medical practitioner shall satisfy himself, before such removal, by a personal
examination of the body from which any 2
[human organ or tissue or both] is to be removed, that life is
extinct in such body or, where it appears to be a case of brain-stem death, that such death has been
certified under sub-section (6).
(6) Where any 2
[human organ or tissue or both] is to be removed from the body of a person in the
event of his brain-stem death, no such removal shall be undertaken unless such death is certified, in such
1. Subs. by Act of 16 of 2011, s. 4, for “human organs” (w.e.f. 10-1-2014).
2. Subs. by s. 4, ibid., for “human organ” (w.e.f. 10-1-2014).
3. Ins. by s. 6, ibid. (w.e.f. 10-1-2014).
6
form and in such manner and on satisfaction of such conditions and requirements as may be prescribed,
by a Board of medical experts consisting of the following, namely:—
(i) the registered medical practitioner in charge of the hospital in which brain-stem death has
occurred;
(ii) an independent registered medical practitioner, being a specialist, to be nominated by the
registered medical practitioner specified in clause (i), from the panel of names approved by the
Appropriate Authority;
(iii) a neurologist or a neurosurgeon to be nominated by the registered medical practitioner
specified in clause (i), from the panel of names approved by the Appropriate Authority:
1
***
2
[Provided that where a neurologist or a neurosurgeon is not available, the registered medical
practitioner may nominate an independent registered medical practitioner, being a surgeon or a
physician and an anaesthetist or intensivist subject to the condition that they are not members of the
transplantation team for the concerned recipient and to such conditions as may be prescribed;]
(iv) the registered medical practitioner treating the person whose brain-stem death has occurred.
(7) Notwithstanding anything contained in sub-section (3), where brain-stem death of any person,
less than eighteen years of age, occurs and is certified under sub-section (6), any of the parents of the
deceased person may give authority, in such form and in such manner as may be prescribed, for the
removal of any 3
[human organ or tissue or both] from the body of the deceased person.
4. Removal of 4
[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 3
[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 3
[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.
5. Authority for removal of 4
[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 3
[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).
6. Authority for removal of 4
[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,
1. The word “and” omitted by Act 16 of 2011, s. 6 (w.e.f. 10-1-2014).
2. Ins. by s. 6, ibid. (w.e.f. 10-1-2014).
3. Subs. by s. 4, ibid., for “human organ” (w.e.f. 10-1-2014).
4. Subs. by s. 4, ibid., for “human organs” (w.e.f. 10-1-2014).
7
the person competent under this Act to give authority for the removal of any 1
[human organ or tissue or
both] from such dead body may, if he has reason to believe that such 1
[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 1
[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 2
[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 2
[human organs or
tissues or both] for therapeutic purposes, after his death, such authority had not been revoked by him
before his death.
7. Preservation of 2
[human organs or tissues or both].—After the removal of any 1
[human organ
or tissue or both] from the body of any person, the registered medical practitioner shall take such
steps for the preservation of the 1
[human organ or tissue or both] so removed as may be prescribed.
8. Savings.—(1) Nothing in the foregoing provisions of this Act shall be construed as rendering
unlawful any dealing with the body or with any part of the body of a deceased person if such dealing
would have been lawful if this Act had not been passed.
(2) Neither the grant of any facility or authority for the removal of any 1
[human organ or tissue
or both] from the body of a deceased person in accordance with the provisions of this Act nor the
removal oil any 1
[human organ or tissue or both] from the body of a deceased person in pursuance of
such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code
(45 of 1860).
9. Restrictions on removal and transplantation of 2
[human organs or tissues or both].—(1) Save
as otherwise provided in sub-section (3), no 1
[human organ or tissue or both] removed from the body of a
donor before his death shall be transplanted into a recipient unless the donor is a near relative of the
recipient.
3
[(1A) Where the donor or the recipient being near relative is a foreign national, prior approval of the
Authorisation Committee shall be required before removing or transplanting human organ or tissue or
both:
Provided that the Authorisation Committee shall not approve such removal or transplantation if the
recipient is a foreign national and the donor is an Indian national unless they are near relatives.
(1B) No human organs or tissues or both shall be removed from the body of a minor before his death
for the purpose of transplantation except in the manner as may be prescribed.
(1C) No human organs or tissues or both shall be removed from the body of a mentally challenge
person before his death for the purpose of transplantation.
Explanation.—For the purpose of this sub-section,—
(i) the expression “mentally challenged person” includes a person with mental illness or mental
retardation, as the case may be;
(ii) the expression “mental illness” includes dementia, schizophrenia and such other mental
condition that makes a person intellectually disables;
(iii) the expression “mental retardation” shall have the same meaning as assigned to it in
clause (r) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Right and
Full Participation) Act, 1995 (1 of 1996).]
(2) Where any donor authorises the removal of any of his 2
[human organs or tissues or both] after
his death under sub-section (2) of section 3 or any person competent or empowered to give authority for
the removal of any 1
[human organ or tissue or both] from the body of any deceased person authorises
such removal, the 1
[human organ or tissue or both] may be removed and transplanted into the body of
any recipient who may be in need of such 1
[human organ or tissue or both].
(3) If any donor authorises the removal of any of his 2
[human organs or tissues or both] before his
death under sub-section (1) of section 3 for transplantation into the body of such recipient, not being
a near relative, as is specified by the donor by reason of affection or attachment towards the
1. Subs. by Act 16 of 2011, s. 4 for “human organ” (w.e.f. 10-1-2014).
2. Subs. by s. 4, ibid., for “human organs” (w.e.f. 10-1-2014).
3. Ins. by s. 7, ibid. (w.e.f. 10-1-2014).
8
recipient or for any other special reasons, such 1
[human organ or tissue or both] shall not be removed
and transplanted without the prior approval of the Authorisation Committee.
2
[(3A) Notwithstanding anything contained in sub-section (3), where—
(a) any donor has agreed to make a donation of his human organ or tissue or both before his death
to a recipient, who is his near relative, but such donor is not compatible biologically as a donor for the
recipient; and
(b) the second donor has agreed to make a donation of his human organ or tissue or both before
his death to such recipient, who is his near relative, but such donor is not compatible biologically as a
donor for such recipient; then
(c) the first donor who is compatible biologically as a donor for the second recipient and the
second donor is compatible biologically as a donor of a human organ or tissue or both for the first
recipient and both donors and both recipients in the aforesaid group of donor and recipient have
entered into a single agreement to donate and receive such human organ or tissue or both according to
such biological compatibility in the group,
the removal and transplantation of the human organ or tissue or both, as per the agreement referred to
above, shall not be done without prior approval of the Authorisation Committee.]
3
[(4) (a) The composition of the Authorisation Committee shall be such as may be prescribed by the
Central Government from time to time.
(b) The State Government and the Union territories shall constitute, by notification, one or more
Authorisation Committee consisting of such members as may be nominated by the State Government and
the Union territories on such terms and conditions as may be specified in the notification for the purposes
of this section.]
(5) On an application jointly made, in such form and in such manner as may be prescribed, by
the donor and the recipient, the Authorisation Committee shall, after holding an inquiry and after
satisfying itself that the applicants have complied with all the requirements of this Act and tile rules
made thereunder, grant to the applicants approval for the removal and transplantation of the human
organ.
(6) If, after the inquiry and after giving an opportunity to the applicants of being heard, the
Authorisation Committee is satisfied that the applicants have not complied with the requirements of
this Act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the
application for approval.