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Transplantation of Human Organs Act, 1994

2. Definitions

In this Act, unless the context otherwise requires,--

(a) "advertisement" includes any form of advertising whether to the public generally or to any section of the public or individually to selected persons;

(b) "Appropriate Authority" means the Appropriate Authority appointed under section 13;

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

(d) "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;

(e) "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;

(f) "donor" means any person, not less than eighteen years of age, who voluntarily authorizes the removal of any of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3;

(g) "hospital" includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic purposes and other like institution;

(h) "human organ" means any part of a human body consisting of a structured arrangement of tissues which, if wholly, removed, cannot be replicated by the body;

(i) "near relative" means spouse, son, daughter, father, mother brother or sister;

(j) "notification" means a notification published in the Official Gazette;

(k) "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.

(l) "prescribed" means prescribed by rules made under this Act;

(m) " recipient" means a person into whom any human organ is, or is proposed to be, transplanted;

(n) "registered medical practitioner" means a medical practitioner who possesses any recognized 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;

(o) "therapeutic purpose" means systematic treatment of any disease or the measures to improve health according to any particular method or modality; and

(p) "transplantation" means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes.

Transplantation of Human Organs Act, 1994 Back

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