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24. Power to make rules.

(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) the manner in which and the conditions subject to which any donor may authorise removal, before his death, of any 1[human organ or tissue or both] of his body under sub-section (1A) of section 3;

2[(aa) the human organ or tissues or both in respect of which duty is cast on registered medical pracitioner the manner of obtaining documentation of authoirsation under clause (i) of sub-section 3;

(ab) the manner of informing the Human Organ Retrieval Centre under clause (iii) of sub-section (1A) of section 3;

(ac) the date from which duties mentioned in sub-section (1A) are applicable to registered medical practitioner working a unregistered hospital under sub-section (1B) of section 3;

(ae) the qualification and experience of a technician under the proviso to sub-section (4) of section 3;]

1. Subs. by Act of 16 of 2011, s. 4 for "human organ" (w.e.f. 10-1-2014).

2. Ins. by s. 20, ibid. (w.e.f. 10-1-2014).

(b) the form and the manner in which a brain-stem death is to be certified and the conditions and

requirements which are to be satisfied for that purpose under sub-section (6) of section 3;

1[(ba) the conditions for nomination of a surgeon or a physician and an anaesthetist or intensivist to be included in the Board of medical experts under the proviso to clause (iii) of sub-section (6) of section 3;]

(c) the form and the manner in which any of the parents may give authority, in the case of brain-stem death of a minor, for the removal of any 2[human organ or tissue or both] under sub-section (7) of section 3;

(d) the form in which authority for the removal of any 2[human organ or tissue or both] from an, unclaimed dead body may be given by the person incharge of the management or control of the hospital or prison under sub-section (1) of section 5;

(e) the steps to be taken for the preservation of the 2[human organ or tissue or both] removed from the body of any person, under section 7;

1[(ea) the manner of removal of human organs or tissues or both from the body of a minor before his death for transplantation under sub-section (1B) of section 9;

(eb) the composition of the Authorisation Committees under sub-section (4) of section 9;]

(f) the form and the manner in which an application may be jointly made by the donor and the recipient under sub-section (5) of section 9;

(g) the manner in which all possible effects, complications and hazards connected with the removal and transplantation is to be explained by the registered medical practitioner to the donor and the recipient under section 12;

(h) the standards as are to be enforced by the Appropriate Authority for hospitals engaged in the removal, storage or transplantation of any 2[human organ or tissue or both] under clause (iii) of sub-section (3) of section 13;

(i) the other measures as the Appropriate Authority shall undertake in performing its functions under clause (vi) of sub-section (3) of section 13;

1[(ia) the qualifications of medical experts and the terms and conditions for appointment to Advisory committee under sub-sections (2) and (3) of section 13A;

(ib) the power of the Appropriate Authority in any other matter under clause (d) of section 13B;

(ic) the manner of establishment of a National Human Organs and Tissues Removal and Storage Network and Regional Network and functions to be performed by them under section 13C;

(id) the information in the national registry of the donors and recipients of human organs and tissues and all information under section 13D;]

(j) the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under sub-section (2) of section 14;

(k) the specialised services and the facilities to be provided, skilled manpower and the equipments to be possessed and the standards to be maintained by a hospital for registration, under sub-section (3) of section 14;

1[(ka) the qualifications and experience of a transplant co-ordinator under sub-section (4) of section 14;

(kb) the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under sub-section (2) of section 14A;

1. Ins. by Act 16 of 2011, s. 20 (w.e.f. 10-1-2014).

2. Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014).

(kc) the specialised service and the facilities to be provided, skilled manpower and the equipment to be possessed and the standards to be maintained by a Tissue Bank, under sub-section (3) of section 14A;]

(l) the form in which, the period for which and the conditions subject to which certificate of registration is to be granted to a 1[hospital or Tissue Bank], under sub-section (1) of section 15;

(m) the manner in which and the fee on payment of which certificate of registration is to be renewed under sub-section (3) of section 15;

(n) the manner in which an appeal may be preferred under section 17;

(o) the manner in which a person is required to give notice to the Appropriate Authority of the alleged offence and of his intention to make a complaint to the court, under clause (b) of sub-section (1) of section 22; and

(p) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.



Transplantation of Human Organs and Tissues Act, 1994 Back




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