Protection of 23. (1). No suit, prosecution or other legal proceeding shall lie
action taken in against any person for anything which is in good faith
good faith. done or intended to be done in pursuance of the
provisions of this Act.
(2). No suit or other legal proceeding shall lie against the
Central Government or the State Government for any
damage caused or likely to be caused for anything
which is in good faith done or intended to be done in
pursuance of the provisions of this Act.
Power to make 24. (1). The Central Government may, by notification, make
rules. 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 human organ of his body under
sub-section (1) of section 3;
(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;
(c) the form and the manner in which any of the
parents may give authority, in the case of brainstem death of a minor, for the removal of any
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human organ under sub-section (7) of section 3;
(d) the form in which authority for the removal of any
human organ 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
human organ removed from the body of any
person, under section 7;
(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 human
organ 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;
(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;
(l) the form in which, the period for which and the
conditions subject to which certificate of
registration is to be granted to a hospital, 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
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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.
Repeal and 25. (1). The Ear Drums and Ear Bones (Authority for Use for
saving Therapeutic Purposes) Act, 1989 and the Eyes
28 of 1982 (Authority for Use for Therapeutic Purposes) Act, 1982
29 of 1982 are hereby repealed.
(2). The repeal shall, however, not affect the previous
operation of the Acts so repealed or anything duly done
or suffered thereunder.