Short title, 1. (1). This Act may be called the Transplantation of Human
application and Organs Act, 1994.
commencement (2). It applies, in the first instance, to the whole of the States
of Goa, Himachal Pradesh and Maharasthra and to all
the Union territories and it shall also apply to such other
State which adopts this Act by resolution passed in that
behalf under clause (1) of article 252 of the Constitution.
(3). It shall come into force in the States of Goa, Himachal
Pradesh and Maharashtra and in all the Union territories
on such date as the Central Government may, by
notification, appoint and in any other State which adopts
this Act under clause (1) of article 252 of the
Constitution, on the date of such adoption; and any
reference in this Act to the commencement of this Act
shall, in relation to any State or Union Territory, means
the date on which this Act comes into force in such State
or Union Territory.
Definitions 2. 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
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appointed under section 13;
(c) “Authorisation 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 subsection (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;
102 of 1956 (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 purposes” 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.