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

Page 5

 CHAPTER II
AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS 


6. Where the body of a person has been sent for post-mortem examination -

    (a)  for medico-legal purposes by reason of the death  of such person having been caused by accident or any other unnatural cause; or

    (b)  for pathological purposes,the person competent  under this Act to give authority for the removal of any human organ from such dead body may, if he has reason to believe that such human organ will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal, for therapeutic purposes, of that human organ of the deceased person 
    provided that he is satisfied that the deceased person had not expressed, before his death, any objection to any of his human organs being used, for therapeutic purposes, after his death or, 
    where he had granted an authority for the use of  any of his human organs for therapeutic purposes after his death, such authority had not been revoked by him before his death.

7. After the removal of any human organ from the body of any person, the registered medical practitioner shall take such steps for the preservation of the human organ so removed as may be prescribed.

8. 

    (1) Nothing in the foregoing provision of this Act shall be construed as rendering unlawful any dealing with the body or with any part of the body of a deceased person if such dealing would have been 
    lawful if this Act had not been passed.

    (2) Neither the grant of any facility or authority for the removal of any human organ from the body of a deceased person in accordance with the provisions of this Act nor the removal of any human organ 
    from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code.

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