13. Appropriate Authority.—(1) The Central Government shall appoint, by notification, one
or more officers as Appropriate Authorities for each of the Union territories for the purposes of this
Act.
(2) The State Government shall appoint, by notification, one or more officers as Appropriate
Authorities for the purposes of this Act.
(3) The Appropriate Authority shall perform the following functions, namely:—
(i) to grant registration under sub-section (1) of section 15 or renew registration under
sub-section (3) of that section;
(ii) to suspend or cancel registration under sub-section (2) of section 16;
5
[(iii) to enforce such standards, as may be prescribed,—
(A) for hospitals engaged in the removal, storage or transplantation of any human organ:
(B) for Tissue Banks engaged in recovery, screening, testing, processing, storage and
distribution of tissues;]
(iv) to investigate any complaint of breach of any of the provisions of this Act or any of the
rules made thereunder and take appropriate action;
6
[(iva) to inspect Tissue Banks periodically;]
(v) to inspect hospitals periodically for examination of the quality of transplantation and the
follow-up medical care to persons who have undergone transplantation and persons from whom
organs are removed; and
(vi) to undertake such other measures as may be prescribed.
7
[13A. Advisory Committees to advise Appropriate Authority.—(1) The Central Government and
the State Governments, as the case may be, by notification, shall constitute an Advisory Committee for a
period of two years to aid and advise the Appropriate Authority to discharge its functions.
1. Subs. by Act 16 of 2011, s. 4, for “human organ” (w.e.f. 10-1-2014).
2. The word “and” ins by s. 8, ibid. (w.e.f. 10-1-2014).
3. Ins. by s. 8, ibid. (w.e.f. 10-1-2014).
4. Subs. by s. 4, ibid., for “human organs” (w.e.f. 10-1-2014).
5. Subs. by s. 9, ibid., for clause (iii) (w.e.f. 10-1-2014).
6. Ins. by s. 9, ibid. (w.e.f. 10-1-2014).
7. Ins. by s. 10, ibid. (w.e.f. 10-1-2014).
10
(2) The Advisory Committee shall consist of—
(a) one administrative expert not below the rank of Secretary to the State Government, to be
nominated as Chairperson of the Advisory Committee;
(b) two medical experts having such qualifications as may be prescribed;
(c) one officer not below the rank of a Joint Director to represent the Ministry or Department
of Health and Family Welfare, to be designated as Member-Secretary;
(d) two eminent social workers of high social standing and integrity, one of whom shall be
from amongst representatives of women’s organisation;
(e) one legal expert who has held the position of an Additional District Judge or equivalent;
(f) one person to represent non-governmental organisations or associations which are working
in the field of organ or tissue donations or human rights;
(g) one specialist in the field of human organ transplantation, provided he is not a member of
the transplantation team.
(3) The terms and conditions for appointment to the Advisory Committee shall be such as may be
prescribed by the Central Government.
13B. Powers of Appropriate Authority.—The Appropriate Authority shall for the purposes of this
Act have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908)
and, in particular, in respect of the following matters, namely:—
(a) summoning of any person who is in possession of any information relating to violation of the
provisions of this Act or the rules made thereunder;
(b) discovery and production of any document or material object;
(c) issuing search warrant for any place suspected to be indulging in unauthorised removal,
procurement or transplantation of human organs or tissues or both; and
(d) any other matter which may be prescribed.
13C. National Human Organs and Tissues Removal and Storage Network.—The Central
Government may, by notification, establish a National Human Organs and Tissues Removal and Storage
Network at one or more places and Regional Network in such manner and to perform such functions, as
may be prescribed.
13D. National registry.—The Central Government shall maintain a national registry of the donors
and recipients of human organs and tissues and such registry shall have such information as may be
prescribed to an ongoing evaluation of the scientific and clinical status of human organs and tissue.]