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 MOHAN Foundation » THO Act » CHAPTER V

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)

                                                    CHAPTER V 
                                    REGISTRATION OF HOSPITALS


  1. (1) The Appropriate Authority shall, after holding an  inquiry and after satisfying itself that the applicant  has complied with all the requirements of this Act and  the rules made there under, grant to the hospital a certificate of registration in such form, for such period an subject to such conditions as may be prescribed.

    (2)If, after the inquiry and after giving an opportunity to the applicant of being heard the Appropriate Authority is satisfied that the applicant has not  complied with the requirements of this Act and the rules made there under, it shall, for reasons to recorded in writing, reject the application for registration.

    (3)Every certificate of registration shall be renewed in such manner and on payment of such fees as may be prescribed.

  2. (1)The Appropriate Authority may summate or on complaint, issue a notice to any hospital to show cause why its registration under this Act should not be suspended or cancelled for the reasons mentioned 
     in the notice.

    (2)If after giving a reasonable opportunity of being heard to the hospital, the Appropriate Authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made there under, it may, without prejudice to any criminal action that it 
    may take against such hospital, suspend its registration for such period as it may think fit or cancel its registration:

     Provided that where the Appropriate Authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be  recorded in writing, suspend the registration of any 
     hospital without issuing any notice.

  3. Any person aggrieved by an order of the Authorization Committee        rejecting an application for approval under sub-section (6) of section 9, or any hospital aggrieved by an order of the Appropriate Authority rejecting an application for registration under sub-section (2) of section 15 or an order of suspension or cancellation of registration under sub-section (2) of section 16, may, within thirty days from the date of the receipt of the order, prefer an appeal, in such manner as may be prescribed, against such order to :-

    (i) The Central Government where the appeal is against   the order of the Authorization Committee constituted   under clause (a) of sub-section (4) of section 9 or  against the order of the Appropriate Authority  appointed under sub-section (1) of section 13; or

    (ii) The State Government, where the appeal is against the order of the Authorization Committee constituted under clause (b) of     sub-section (4) of section 9 or against the order of the Appropriate Authority appointed under sub-section (2) of section 13.  


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