The Transplantation of Human Organs and Tissues Act, 1994 (Act No. 42 of 1994) regulates the removal, storage, and transplantation of human organs and tissues for therapeutic purposes and prohibits commercial dealings in human organs and tissues.
CHAPTER I — PRELIMINARY
CHAPTER II — AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS OR TISSUES OR BOTH
- Section 3 — Authority for removal of human organs or tissues or both
- Section 4 — Removal of human organs or tissues or both not to be authorised in certain cases
- Section 5 — Authority for removal in case of unclaimed bodies in hospital or prison
- Section 6 — Authority for removal from bodies sent for post-mortem examination
- Section 7 — Preservation of human organs or tissues or both
- Section 8 — Savings
- Section 9 — Restrictions on removal and transplantation of human organs or tissues or both
CHAPTER III — REGULATION OF HOSPITALS
- Section 10 — Regulation of hospitals conducting removal, storage or transplantation
- Section 11 — Prohibition of removal or transplantation for any purpose other than therapeutic purpose
- Section 12 — Explaining effects, etc., to donor and recipient
CHAPTER IV — APPROPRIATE AUTHORITY
- Section 13 — Appropriate Authority
- Section 13A — Advisory Committees to advise Appropriate Authority
- Section 13B — Powers of Appropriate Authority
- Section 13C — National Human Organs and Tissues Removal and Storage Network
- Section 13D — National registry
CHAPTER V — REGISTRATION OF HOSPITALS
- Section 14 — Registration of hospitals engaged in removal, storage or transplantation
- Section 14A — Registration of Tissue Bank
- Section 15 — Certificate of registration
- Section 16 — Suspension or cancellation of registration
- Section 17 — Appeals
CHAPTER VI — OFFENCES AND PENALTIES
- Section 18 — Punishment for removal of human organ without authority
- Section 19 — Punishment for commercial dealings in human organs
- Section 19A — Punishment for illegal dealings in human tissues
- Section 20 — Punishment for contravention of any other provision of this Act
- Section 21 — Offences by companies
- Section 22 — Cognizance of offences
CHAPTER VII — MISCELLANEOUS
- Section 23 — Protection of action taken in good faith
- Section 24 — Power to make rules
- Section 25 — Repeal and savings
Note: The Act was substantially amended by the Transplantation of Human Organs (Amendment) Act, 2011 (Act 16 of 2011, with effect from 10 January 2014), which extended coverage from organs alone to “human organs or tissues or both”, inserted Sections 13A–13D, 14A, and 19A, and significantly enhanced penalties. It originally applied only to Goa, Himachal Pradesh, Maharashtra, and Union Territories, extending to other States by their own adoption resolution under Article 252 of the Constitution; nearly all States have since adopted it.
