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 MOHAN Foundation » THO Act » Chapter - I

TRANSPLANTATION OF HUMAN ORGANS
The Transplantation of Human Organs Act, 1994
The Transplantation of Human Organs Rules - 1995 (GSR 571(E), dt.31-7-2008)
The Transplantation of Human Organs Rules - New Forms - 1995 (GSR 571(E), dt.31-7-2008)
The Transplant of Human Organs Act - Review Committee

The transplantation of human organs Act, 1994 (Central Act 42 0f 1994)

 2.In this Act, unless the context otherwise  requires-       
  1. 'advertisement' includes any form of advertising whether to the public generally or to any section of the public or individually to selected persons;
        

  2. "Appropriate Authority” means the Appropriate Authority appointed under section 13;
        

  3. "Authorisation Committee" means the committee constituted under clause (a) or clause (b) of sub-section (4) of section 9;
        

  4. “brain-stem death” means the stage at which all functions of the brain stem have permanently and irreversibly ceased and is so certified under sub-section (6) of section 3;
        

  5. "deceased person" means a person in whom permanent disappearance of all evidence of life occurs, by reason of brain stem death or in a cardio pulmonary sense at any time after live birth has taken place;
        
  6. “donor" means any person, not less than eighteen years of age, who voluntarily authorises the removal of any of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3;
       

  7. "hospital” includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic purposes and other like institution;
       

  8. "human organ” means any part of a human body consisting of a structural arrangement or tissues which, if wholly removed, cannot be replicated by the body;
       

  9. "near relative" means spouse, son, daughter, father, mother, brother or sister;
       

  10. "notification" means a notification published in the Official Gazette.
       

  11. "payment" means payment in money or money's worth but does not include any payment for defraying or reimbursing -
    (i) the cost of removing transporting or preserving the  human  organ to be supplied; or    
    (ii)any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his supplying any human organ from his body;
       

  12. "prescribed" means prescribed by rules made under this Act "recipient" means a person into whom any human organ is, or is proposed to be, transplanted.

  13. "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, and who is 
    enrolled on a State Medical Register as defined in clause(k) of that section.
        

  14. “therapeutic purposes” means systematic treatment of any disease or the measures to improve health according to any particular method or modality; and
       

  15. "transplantation" means the grafting of  any human organs from any living person or deceased person to some other living person for therapeutic purposes.


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