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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.



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