Chapter IV
Appropriate Authority
(1). The Central Government shall appoint, by notification,
one or more officers as Appropriate Authorities for each
of the Union territories for the purposes of this Act.
(2). The State Government shall appoint, by notification, one
or more officers as Appropriate Authorities for the
purposes of this Act.
(3). The Appropriate Authority shall perform the following
functions, namely:
(i) to grant registration under sub-section (1) of section
15 or renew registration under sub-section (3) of that
section;
(ii) to suspend or cancel registration under sub-section
(2) of section 16;
(iii) to enforce such standards as may be prescribed, for
hospitals engaged in the removal, storage or
transplantation of any human organ;
(iv) to investigate any complaint of breach of any of the
provisions of this Act or any of the rules made
thereunder and take appropriate action;
(v) to inspect hospitals periodically for examination of
the quality of transplantation and the follow-up
medical care to persons who have undergone
transplantation and persons from whom organs are
removed; and
(vi) to undertake such other measures as may be
prescribed.
Chapter V
Registration of Hospitals
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Registration of 14. (1). No hospital shall commence any activity relating to the
hospitals removal, storage or transplantation of any human organ
engaged in for therapeutic purposes after the commencement of this
removal, act unless such hospital is duly registered under this Act.
storage or Provided that every hospital engaged, either partly or
transplantation exclusively in any activity relating to the removal, storage
of human or transplantation of any human organ for therapeutic
organs. purposes immediately before the commencement of this
Act, shall apply for registration within sixty days from the
date of such commencement:
Provided further that every hospital engaged in any
activity relating to the removal, storage or transplantation
of any human organ shall cease to engage in any such
activity on the expiry of three months from the date of
commencement of this Act unless such hospital has
applied for registration and is so registered or till such
application is disposed of, whichever is earlier.
(2). Every application for registration under sub-section (1)
shall be made to the Appropriate Authority in such form
and in such manner and shall be accompanied by such
fees as may be prescribed.
(3). No hospital shall be registered under this Act unless the
Appropriate authority is satisfied that such hospital is in a
position to provide such specialised services and
facilities, possess such skilled manpower and
equipments and maintain such standards as may be
prescribed.
Certificate of 15. (1). The Appropriate Authority shall, after holding an inquiry
registration and after satisfying itself that the applicant has complied
with all the requirements of this Act and the rules made
thereunder, grant to the hospital a certificate of
registration in such form, for such period and subject to
such conditions as may be prescribed.
(2). If, after the inquiry and after giving an opportunity to the
applicant of being heard, the Appropriate Authority is
satisfied that the applicant has not complied with the
requirements of this Act and the rules made thereunder,
it shall, for reasons to be recorded in writing, reject the
application for registration.
(3). Every certificate of registration shall be renewed in such
manner and on payment of such fees as may be
prescribed.
Suspension or 16. (1). The Appropriate Authority may, suo moto or on
cancellation of complaint, issue a notice to any hospital to show cause
registration why its registration under this Act should not be
suspended or cancelled for the reasons mentioned in the
notice.
(2). If, after giving a reasonable opportunity of being heard to
the hospital, the Appropriate Authority is satisfied that
there has been a breach of any of the provisions of this
Act or the rules made thereunder, it may, without
prejudice to any criminal action that it may take against
such hospital, suspend its registration for such period as
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it may think fit or cancel its registration:
Provided that where the Appropriate authority is of the
opinion that it is necessary or expedient so to do in the
public interest, it may, for reasons to be recorded in
writing, suspend the registration of any hospital without
issuing any notice.
Appeals 17. (1). Any person aggrieved by an order of the Authorisation
Committee rejecting an application for approval under
sub-section (6) of section 9, or any hospital aggrieved by
an order of the Appropriate Authority rejecting an
application for registration under sub-section (2) of
section 15 or an order of suspension or cancellation of
registration under sub-section (2) of section 16, may,
within thirty days from the date of the receipt of the
order, prefer an appeal, in such manner as may be
prescribed, against such order to:
(i) the Central Government where the appeal is against
the order of the Authorisation Committee constituted
under clause (a) of sub-section (4) of section 9 or
against the order of the Appropriate Authority
appointed under sub-section (1) of section 13; or
(ii) the State Government, where the appeal is against
the order of the Authorisation Committee constituted
under clause (b) of sub-section (4) of section 9 or
against the order of the Appropriate Authority
appointed under sub-section (2) of section 13.