THE TRANSPLANTATION OF HUMAN ORGANS ACT - 1994

CHAPTER II

(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 human organ; but no such removal shall be made by any person other than the registered medical practitioner.

(5) Where any human organ 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 human organ 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) Where any human organ 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 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:-

   

1. the registered medical practitioner in charge of the hospital in which brain stem death has occurred;

2. 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

3. 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 and

4. the registered medical practitioner treating the person whose brain-stem death has occurred.