23. Protection of action taken in good faith.—(1) No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or intended to be
done in pursuance of the provisions of this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the State
Government for any damage caused or likely to be caused for anything which is in good faith done
or intended to be done in pursuance of the provisions of this Act.
24. Power to make rules.—(1) The Central Government may, by notification, make rules for carrying
out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner in which and the conditions subject to which any donor may authorise removal,
before his death, of any 1
[human organ or tissue or both] of his body under sub-section (1A) of
section 3;
2
[(aa) the human organ or tissues or both in respect of which duty is cast on registered medical
pracitioner the manner of obtaining documentation of authoirsation under clause (i) of sub-section 3;
(ab) the manner of informing the Human Organ Retrieval Centre under clause (iii) of
sub-section (1A) of section 3;
(ac) the date from which duties mentioned in sub-section (1A) are applicable to registered
medical practitioner working a unregistered hospital under sub-section (1B) of section 3;
(ae) the qualification and experience of a technician under the proviso to sub-section (4) of
section 3;]
1. Subs. by Act of 16 of 2011, s. 4 for “human organ” (w.e.f. 10-1-2014).
2. Ins. by s. 20, ibid. (w.e.f. 10-1-2014).
15
(b) the form and the manner in which a brain-stem death is to be certified and the conditions and
requirements which are to be satisfied for that purpose under sub-section (6) of section 3;
1
[(ba) the conditions for nomination of a surgeon or a physician and an anaesthetist or intensivist
to be included in the Board of medical experts under the proviso to clause (iii) of sub-section (6) of
section 3;]
(c) the form and the manner in which any of the parents may give authority, in the case of
brain-stem death of a minor, for the removal of any 2
[human organ or tissue or both] under
sub-section (7) of section 3;
(d) the form in which authority for the removal of any 2
[human organ or tissue or both] from
an, unclaimed dead body may be given by the person incharge of the management or control of the
hospital or prison under sub-section (1) of section 5;
(e) the steps to be taken for the preservation of the 2
[human organ or tissue or both] removed
from the body of any person, under section 7;
1
[(ea) the manner of removal of human organs or tissues or both from the body of a minor before
his death for transplantation under sub-section (1B) of section 9;
(eb) the composition of the Authorisation Committees under sub-section (4) of section 9;]
(f) the form and the manner in which an application may be jointly made by the donor and the
recipient under sub-section (5) of section 9;
(g) the manner in which all possible effects, complications and hazards connected with the
removal and transplantation is to be explained by the registered medical practitioner to the donor and
the recipient under section 12;
(h) the standards as are to be enforced by the Appropriate Authority for hospitals engaged in
the removal, storage or transplantation of any 2
[human organ or tissue or both] under clause (iii) of
sub-section (3) of section 13;
(i) the other measures as the Appropriate Authority shall undertake in performing its functions
under clause (vi) of sub-section (3) of section 13;
1
[(ia) the qualifications of medical experts and the terms and conditions for appointment to
Advisory committee under sub-sections (2) and (3) of section 13A;
(ib) the power of the Appropriate Authority in any other matter under clause (d) of section 13B;
(ic) the manner of establishment of a National Human Organs and Tissues Removal and Storage
Network and Regional Network and functions to be performed by them under section 13C;
(id) the information in the national registry of the donors and recipients of human organs and
tissues and all information under section 13D;]
(j) the form and the manner in which an application for registration shall be made and the
fee which shall be accompanied, under sub-section (2) of section 14;
(k) the specialised services and the facilities to be provided, skilled manpower and the
equipments to be possessed and the standards to be maintained by a hospital for registration,
under sub-section (3) of section 14;
1
[(ka) the qualifications and experience of a transplant co-ordinator under sub-section (4) of
section 14;
(kb) the form and the manner in which an application for registration shall be made and the fee
which shall be accompanied, under sub-section (2) of section 14A;
1. Ins. by Act 16 of 2011, s. 20 (w.e.f. 10-1-2014).
2. Subs. by s. 4, ibid., for “human organ” (w.e.f. 10-1-2014).
16
(kc) the specialised service and the facilities to be provided, skilled manpower and the equipment
to be possessed and the standards to be maintained by a Tissue Bank, under sub-section (3) of
section 14A;]
(l) the form in which, the period for which and the conditions subject to which certificate of
registration is to be granted to a 1
[hospital or Tissue Bank], under sub-section (1) of section 15;
(m) the manner in which and the fee on payment of which certificate of registration is to be
renewed under sub-section (3) of section 15;
(n) the manner in which an appeal may be preferred under section 17;
(o) the manner in which a person is required to give notice to the Appropriate Authority of the
alleged offence and of his intention to make a complaint to the court, under clause (b) of
sub-section (1) of section 22; and
(p) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
25. Repeal and savings.—(1) The Ear Drums and Ear Bones (Authority for Use for Therapeutic
Purposes) Act, 1982 (28 of 1982) and the Eyes (Authority for Use for Therapeutic Purposes) Act, 1982
(29 of 1982) are hereby repealed.
(2) The repeal shall, however, not affect the previous operation of the Acts so repealed or anything
duly done or suffered thereunder.