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 3
[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 4
[three years] for the first offence and permanently for the subsequent offence.
5
[(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.]
19. Punishment for commercial dealings in human organs.—Whoever—
(a) makes or receives any payment for the supply of, or for an offer to supply, any human organ;
(b) seeks to find a person willing to supply for payment any human organ;
(c) offers to supply any human organ for payment; or
(d) initiates or negotiates any arrangement involving the making of any payment for the supply
of, or for an offer to supply, any human organ;
(e) takes part in the management or control of a body of persons, whether a society, firm or
company, whose activities consist of or include the initiation or negotiation of any arrangement
referred to in clause (d); or
(f) publishes or distributes or causes to be published or distributed any advertisement,—
(a) inviting persons to supply for payment of any human organ;
(b) offering to supply any human organ for payment; or
1. Subs. by Act 16 of 2011, s. 14, for “hospital” (w.e.f. 10-1-2014).
2. Ins. by s. 15, ibid. (w.e.f. 10-1-2014).
3. Subs. by s. 16, ibid., for “five years and with fine which may extend to ten thousand rupees” (w.e.f. 10-1-2014).
4. Subs. by s. 16, ibid., for “two years” (w.e.f. 10-1-2014).
5. Ins. by s. 16, ibid. (w.e.f. 10-1-2014).
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(c) indicating that the advertiser is willing to initiate or negotiate any arrangement referred
to in clause (d);
1
[(g) abets in the preparation or submission of false documents including giving false affidavits to
establish that the donor is making the donation of the human organs, as a near relative or by reason of
affection or attachment towards the recipient,
shall be punishable with imprisonment for a term which shall not be less than 2
[five years but which
may extend to ten years and shall be liable to fine which shall not be less than twenty lakh rupees but
may extend to one crore rupees].
3
* * * * *
4
[19A. Punishment for illegal dealings in human tissues.—Whoever—
(a) makes or receives any payment for the supply of, or for an offer to supply, any human tissue;
or
(b) seeks to find a person willing to supply for payment and human tissue; or
(c) offers to supply any human tissue for payment; or
(d) initiates or negotiates any arrangement involving the making of any payment for the supply
of, or for an offer to supply, any human tissue; or
(e) takes part in the management or control of a body of persons, whether a society, firm or
company, whose activities consist of or include the initiation or negotiation of any arrangement
referred to in clause (d); or
(f) publishes or distributes or causes to be published or distributed any advertisement—
(i) inviting persons to supply for payment of any human tissue; or
(ii) offering to supply any human tissue for payment; or
(iii) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to
in clause (d); or
(g) abets in the preparation or submission of false documents including giving false affidavits to
establish that the donor is making the donation of the human tissues as a near relative or by reason of
affection or attachment towards the recipient,
shall be punishable with imprisonment for a term which shall not be less than one year but which may
extend to three years and shall be liable to fine which shall not be less than five lakh rupees but which
may extend to twenty-five lakh rupees.]
20. Punishment for contravention of any other provision of this Act.—Whoever contravenes
any provision of this Act or any rule made, or any condition of the registration granted, thereunder for
which no punishment is separately provided in this Act, shall be punishable with imprisonment for a
term which may extend to 5
[five years or with fine which may extend to twenty lakh rupees].
21. Offences by companies.—-(1) Where any offence punishable under this Act has been
committed by a company, every person who, at the time the offence was committed was in charge of,
and was responsible to, the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that be had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this
Act has been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary
1. Ins. by Act 16 of 2011, s. 17 (w.e.f. 10-1-2014).
2. Subs. by s. 17, ibid., for “two years but which may extend to seven years and shall be liable to fine which shall not be less than
ten thousand rupees but may extend to twenty thousand rupees” (w.e.f. 10-1-2014).
3. The proviso omitted by s. 17, ibid. (w.e.f. 10-1-2014).
4. Ins. by s. 18, ibid. (w.e.f. 10-1-2014).
5. Subs. by s. 19, ibid., for “three years or with fine which may extend to five thousand rupees” (w.e.f. 10-1-2014).
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or other officer of the company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
22. Cognizance of offences.—(1) No court shall take cognizance of an offence under this Act except
on a complaint made by—
(a) the Appropriate Authority concerned, or any officer authorised in this behalf by the
Central Government or the State Government or, as the case may be, the Appropriate Authority;
or;
(b) a person who has given notice of not less than sixty days, in such manner as may be
prescribed, to the Appropriate Authority concerned, of the alleged offence and of his intention to
make a complaint to the court.
(2) No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this Act.
(3) Where a complaint has been made under clause (b) of sub-section (1), the court may, on
demand by such person, direct the Appropriate Authority to make available copies of the relevant
records in its possession to such person.