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The Telangana Transplantation of Human Organs Act, 1995.

Telangana · state statute
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THE TELANGANA TRANSPLANTATION OF HUMAN ORGANS 
ACT, 1995. 
(ACT NO. 24 OF 1995) 
ARRANGEMENT OF SECTIONS 
Sections 
 CHAPTER - I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
 CHAPTER - II 
AUTHORITY FOR THE REMOVAL OF HUMAN 
ORGANS 
3. Authority for removal of human organs. 
4. Removal of human organs not to be authorised in 
certain cases. 
5. Authority for removal of human organs in case of 
unclaimed bodies in hospital or prison. 
6. Authority for removal of human organs from bodies sent 
for post-mortem examination for medico-legal or 
pathological purposes. 
7. Preservation of human organs. 
8. Savings. 
9. Restrictions on removal and transplantation of human 
organs. 
 CHAPTER - III 
REGULATION OF HOSPITALS 
10. Regulation of hospitals conducting the removal, storage 
or transplantation of human organs. 
2  [Act No. 24 of 1995] 
11. Prohibition of removal or transplantation of human 
organs for any purpose other than therapeutic 
purposes. 
12. Explaining effects etc., to donor and recipient. 
 CHAPTER - IV 
APPROPRIATE AUTHORITY 
13. Appropriate Authority. 
 CHAPTER - V 
REGISTRATION OF HOSPITALS 
14. Registration of hospitals engaged in removal, storage or 
transplantation of human organs. 
15. Certificate of registration. 
16. Suspension or cancellation of registration. 
17. Appeals. 
 CHAPTER - VI 
OFFENCES AND PENALTIES 
18. Punishment for removal of human organ without 
authority. 
19. Punishment for commercial dealings in human organs. 
20. Punishment for contravention of any other provision of 
this Act. 
21. Offences by companies. 
22. Cognizance of offences. 
 CHAPTER - VII 
MISCELLANEOUS 
23. Protection of action taken in good faith. 
 
[Act No. 24 of 1995]  3 
24. Power to make rules. 
25. Repeal. 
 
THE TELANGANA TRANSPLANTATION OF HUMAN 
ORGANS ACT, 1995.1 
 
ACT No.24 OF 1995. 
 
CHAPTER - I 
Preliminary 
 
1. (1) This Act may be called the 2Telangana 
Transplantation of Human Organs Act, 1995. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall be deemed to have come into force on the 
9th March, 1995. 
 
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 appointed under section 13; 
 
 (c) “Authorisation Committee”  means the Committee 
constituted under sub-section (4) of section 9; 
 
                                                           
1. The Andhra Pradesh Transplantation of Human Organs Act, 1995 
received the assent of the Governor on the 22 nd April, 1995. The said Act 
in force in the combined State, as on 02.06.2014, has been adapted to 
the State of Telangana, under section 101 of the Andhra Pradesh 
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification 
issued in G.O.Ms.No.34, Health, Medical & Family Welfare (D1) 
Department, dated 25.05.2016. 
2. Substituted by G.O.Ms.No.34, Health, Medical & Family Welfare (D1) 
Department, dated 25.05.2016. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No.24 of 1995] 
 (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 authorises in full 
consciousness after being explained the full consequences 
of removing the organ by t he Doctor who would be 
removing the organ, the removal of any of his human organs 
for therapeutic purposes under sub -section (1) or sub -
section (2) of section 3; 
 
 (g) “Government” means the State Government; 
 
 (h) “hospital” includes a nursing home, clinic , medical 
Centre, medical or teaching institution for therapeutic 
purposes and other like institution; 
 
 (i) “human organ ” means any part of a human body 
consisting or a structured arrangement of tissues which, if 
wholly removed, cannot be replicated by the body; 
 
 (j) “near relative” means spouse, son, daughter , father 
mother, brother or sister; 
 
 (k) “notification” means a notification published in the 
3Telangana Gazette; 
 
                                                           
3. Substituted by G.O.Ms.No.34, Health, Medical & Family Welfare (D1) 
Department, dated 25.05.2016. 
[Act No.24 of 1995]  3 
 (l) “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; 
 
 (m) “prescribed” means prescribed by rules made 
under this Act; 
 
 (n) “recipient” means a person into whom any human 
organ is, or is proposed to be, transplanted; 
 
 (o) “registered medical practitioner” means a medical 
practitioner who possesses any recognised 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 c lause (k) of that 
section; 
 
 (p) “therapeutic purposes” means systematic treatment 
of any disease or the measures to improve health according 
to any particular method or modality; and 
 
 (q) “transplantation” means the grafting of  any human 
organ from any living person or deceased person to some 
other living person for therapeutic purposes. 
 
 
 
 
 
 
Central Act 102 of 
1956. 
4  [Act No.24 of 1995] 
CHAPTER – II 
AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS 
 
3. (1) Any donor may, in such manner and subject to 
such conditions as may be prescribed, authorise the 
removal, in full consciousness and after being explained the 
full consequences of removing the organ by the doctor who 
would be removing the organ in prese nce of his spouse, if 
living, and in the presence of daughter or son or sister or 
brother in the same order and in the presence of mother or 
father in case of un-married persons before his death, of any 
human organ of his body for therapeutic purposes. 
 
 (2) If any donor had, in writing and in presence of two 
or more witnesses spouse if living, and in the presence of 
daughter or son or sister or brother in that order and in the 
presence of mother or father or sister or brother in the case 
of un-married persons unequivocally authorised at any time 
before his death, the removal of any human organ of his 
body, after his death, for therapeutic purposes, the person 
lawfully in possession of the dead body of the donor shall 
unless he has any reason to believe that  the donor had 
subsequently revoked the authority aforesaid grant to a 
registered medical pracitioner all reasonable facilities for the 
removal, for therapeutic purposes, of that human organ from 
the dead body of the donor. 
 
 (3) Where no such authority as  is referred to in sub -
section (2), was made by any person before his death but 
no objection was also expressed by such person to any of 
his human organs being used afte r his death for therapeutic 
purposes the person lawfully in possession of the dead 
body of such person may, unless he has reason to believe 
that any near relative of the deceased person has objection 
to any of the deceased person human organs being used 
for therapeutic purposes,  authorise the removal of any 
Authority for 
removal of human 
organs. 
[Act No.24 of 1995]  5 
human organ of the deceased person for its use for 
therapeutic purposes. 
 
 (4) The authority given under sub -section (1) or sub -
section (2) or, as the case may be, sub -section (3) shall be 
sufficient warrant for the removal, f or the therapeutic 
purposes, of the human organ; but no such removal shall 
be made by any person other than the registered medical 
practitioner. 
 
 (5) Where any human organ is to be removed from the 
body of a deceased person, the registered medical 
practitioner shall satisfy himself, be fore such removal, by a 
personal examination of the body from which any human 
organ is to be removed, that life is extinct in such body, or 
where it appe ars to be case of brain -stem death that such 
death has been certified under sub-section (6). 
 
 (6) Where any human organ, to be removed from the 
body of a p erson in the event of his brain -stem death, no 
such removal shall be undertaken unless such death is 
certified unanimoulsy in such form and in such manner and 
on satisfaction of such conditions and requirements as may 
be prescribed, by a Board of medical expert s consisting of 
the following, namely:- 
 
  (i) the registered medical practitioner in charge of the 
hospital in which brain-stem death has occured; 
 
  (ii) an independ ent registered medical practitioner, 
being a specialist to be nominated by the registered medical 
practitioner specified in clause (i) from the panel of names 
approved by the Appropriate Authority; 
 
  (iii) a neurologist or a neurosurgeon to be nominated 
by the registered med ical practitioner specified in c lause (i), 
6  [Act No.24 of 1995] 
from the panel of names approv ed by the Appropriate 
Authority; and 
 
  (iv) the registered medical practitioner treating the 
person whose brain-stem death has occurred. 
 
 (7) Notwithstanding anything contained in sub -section 
(3), where brain -stem death of any person less than 
eighteen years of age, occurs and is certified under sub -
section (6), any of the parents of the deceased person may 
give authority, in such form and in such manner as may  be 
prescribed, for the removal of any h uman organ from the 
body of the deceased person. 
 
4. (1) No facilities shall be granted under sub -section (2) 
of section 3 and no authority shall be given under sub -
section (3) of that section for the removal of any human 
organ from the body of a de ceased person if the person 
required to grant such facilities, or empowered to give such 
authority, has reason to believe that an inquest may be 
required to be held in relation to such body in pursuance of 
the provisions of any law for time being in force. 
 
 (2) No authority for the removal of any human organ 
from the body of a deceased person shall be give n by a 
person to whom such body has been entrusted so lely for 
the purpose of internment cremation or other disposal. 
 
5. (1) In the case of a dead body lying in hospital or 
prison and not claimed by any of the near relatives of the 
deceased person within forty -eight hours from the time of 
the death of the concerned person, the authority for the 
removal of any human organ from the dead body which so 
remained unclaimed may be give n, in the prescribed form 
by the person incharge, for the time being, of the 
management or control of the hospital or prison, or by an 
employee of such hospital or prison authorised in this behalf 
Removal of 
human organs not 
to be authorised 
in certain cases. 
Authority for 
removal of human 
organs in case of 
unclaimed bodies 
in hospital or 
prison. 
[Act No.24 of 1995]  7 
by the person incharge of the management or control 
thereof. 
 
 (2) No authority shall be given under sub -section (1) if 
the person so empowered to give such authority has reason 
to believe that any near relative of the deceased person is 
likely to claim the dead body even though such near relative 
has not come for ward to claim the body of the deceased 
person within the time specified in sub-section (1). 
 
6. Where the body of a person has been s ent for 
postmortem examination,- 
 
 (a) for medico-legal purposes by reason of the death of 
such person having been caused by accident or  any other 
un-natural cause; or 
 
 (b) for pathological purposes, the person competent 
under this Act to give authority for the removal of any human 
organ from such dead body may, if he has reason to believe 
that such human organ will not b e required for the purpose 
for which such body has been sent for postmortem 
examination, authorise the removal, for therapeuti c 
purposes, of that human organ of the deceased person 
provided that he is satisfied that the deceased person had 
not expressed, before his death, any objection to any of his 
human organs being used, fo r therape utic purposes after 
his death or, where he had granted an authority for the use 
of any of his human organs for therapeutic purposes after 
his death, such authority had not been revoked by him 
before his death. 
 
7. After the removal of any human organ from the body o f 
any person, the registered medical practitioner shall take 
such steps for the preservation of the human organ so 
removed as may be prescribed. 
Authority for 
removal of human 
organs from 
bodies sent for 
post-mortem 
examination for 
medico-legal or 
pathological 
purposes. 
Preservation of 
human organs. 
8  [Act No.24 of 1995] 
8. (1) Nothing, in the foregoing provisions of this Act shall 
be construed as rendering unlawful any dealing with the 
body or with any part of the body of a deceased person, if 
such dealing would have been lawful if this Act had not 
been passed. 
 
 (2) Neither the grant of any facility of authority for the 
removal of any huma n organ from the body of a deceased 
person in accordance with the provisions of this Act nor the 
removal of any human organ from the body of a deceased 
person in pursuance of such authority shall be deemed to 
be an offence punishable, under section 277 of the Indian 
Penal Code. 
 
9. (1) Save as otherwise provided in sub -section (3), no 
human organ removed from the body of a donor before his 
death shall be transplanted into a recipient unless the  donor 
is a near relative of the recipient. 
 
 (2) Where any donor authorises the removal of any of 
his human organs after his death under sub -section (2) of 
section 3 or any person competent or empowered to give 
authority for the removal of any human organ  from the body 
of any deceased person authorises such removal, the 
human organ may be removed and transp lanted into the 
body of any rec ipient who may be in need of such human 
organ. 
 
 (3) If any donor authorises the removal of any of his 
human organs befor e his death under sub -section (1) of 
section 3 for transplantation into the body of such recipient, 
not being a near relative, as is specified by the donor by 
reason of affection or attachment towards the recipient or for 
any other special reasons such hum an organ shall not be 
removed and transplanted without the prior approval of the 
Authorisation Committee. 
 
Savings. 
Restrictions on 
removal and 
transplantation of 
human organs. 
Central Act 45 of 1860. 
[Act No.24 of 1995]  9 
 (4) The Government shall constitute by notification, one 
or more Authorisation Committees consisting of such 
members as may be nominated by the Government on such 
terms and conditions as may be specified in the notification 
for the purposes of this section. 
 
 (5) On an application jointly made in such form and in 
such manner as may be prescribed by the donor and the 
recipient the Authorisation Committ ee shall after holding an 
inquiry and after satisfying itself that the applicants have 
complied with all the requirements of th is Act and the rules 
made there under, grant to the applicants approval for the 
removal and transplantation of the human organ. 
 
 (6) If after the inquiry and after giving an opportunity to 
the applicants of being heard the Authorisation Committee 
is satisfied that the applicants have 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 approval. 
 
CHAPTER III 
REGULATION OF HOSPITALS 
 
10. (1) On and from the commencement of this Act:- 
 
  (a) no hospital unless registered under this Act shall 
conduct or associate with or help in the removal, storage or 
transplantation of any human organ; 
 
  (b) no medical practitioner or  any other person shall 
conduct or cause to be conducted, or aid in condu cting by 
himself or through any other person any activity relating to 
the removal, storage or transplantation of any human organ 
at a place other than a place registered under this Act, and 
 
Regulation of 
hospitals 
conducting the 
removal, storage 
or transplantation 
of human organs. 
10  [Act No.24 of 1995] 
  (c) no place including a hospital registered under 
sub-section (1) of section 15 shall be used or caused to be 
used by any person for the removal storage of 
transplantation of any human organ except for therapeutic 
purposes. 
 
 (2) Notwithstanding anything contained in sub -section 
(1) the eyes or the ears may be removed at  any place from 
the dead body of any donor, for therap eutic purposes, by a 
registered, medical practitioner. 
 
 Explanation. For the purposes of this sub -section 
“ears” include ear drums and ear bones. 
 
11. No donor and no person empowered to give authority 
for the removal of any human organ shall authorise the 
removal of any human organ for any purpose other than 
therapeutic purposes. 
 
 
 
12. No registered medical practitioner shall undertake the 
removal or transplantation of any human organ, unless he 
had explaine d in such manner as may be prescribed, all 
possible effects, complications and hazards connected with 
the removal and transplantation to the donor and the 
recipient respectively. 
 
CHAPTER-IV 
APPROPRIATE AUTHORITY 
 
13. (1) The Gove rnment shall appoint, by notification, on e 
or more officers as Appropriate Authorities for the purpose 
of this Act. 
 
 (2) The Appropriate Authority shall perform the 
following functions, namely:- 
Prohibition of 
removal or 
transplantation of 
human organs for 
any purpose other 
than therapeutic 
purposes. 
Explaining effects 
etc., to donor and 
recipient. 
Appropriate 
Authority. 
[Act No.24 of 1995]  11 
  (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 registra tion 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 i nvestigate any compl aint or breach of any of 
the provisions of this Act or any of the rules made 
thereunder and take the 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 
 
14. (1) No hospital shall commence any activity relating to 
the removal, storage or transplantation of any human organ 
for therapeutic purposes after the commencement of this 
Act unless such hospital is duly registered under this Act: 
 
 Provided that every hospital engaged either partly or 
exclusively, in any activity relating to the removal, storage or 
transplantation of any human organ for therapeutic 
purposes immediately before the commencement of this 
Act, shall apply for registration within sixty days from  the 
date of such commencement: 
Registration of 
hospitals 
engaged in 
removal, storage 
or transplantation 
of human organs. 
12  [Act No.24 of 1995] 
 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 man powe r and equipments and 
maintain such standards as may be prescribed. 
 
15. (1) The Appropriate Authority shall, after holding an 
enquiry 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. 
 
Certificate of 
registration. 
[Act No.24 of 1995]  13 
16. (1) The Appropriate Authority may, suo motu or on 
complaint issue a notice to any hospital to show cause why 
its registration un der this Act should not be suspe nded 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 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. 
 
17. Any person aggrieved by an order of the Authorisation 
Committee rejecting an application for app roval 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 the 
Government. 
 
CHAPTER - VI 
OFFENCES AND PENALTIES 
 
18. (1) Any person who renders his services to or at any 
hospital and who, for purposes of transplantation, conducts , 
associates with or helps in any manner in, the removal of 
any human organ without authority, shall be punishable with 
Appeals. 
Punishment for 
removal of human 
organ without 
authority. 
Suspension or 
cancellation of 
registration. 
14  [Act No.24 of 1995] 
imprisonment for a term which may extend to five years and 
with fine which may extend to ten thousand rupees. 
 
 (2) Where any person conv icted under sub -section (1) 
is registered medical practitioner, his name shall be 
reported by the Appropriate Authority to the State Medical 
Council for taking necessary action including the removal of 
his name from the register of the Council for a period  of two 
years for the first offence and permanently for the 
subsequent offence. 
 
19. Whoever,- 
 
 (a) makes or receives any payment for the supply of, or 
for an offer to supply, any human organ; 
 
 (b) seeks to find a person willing to supply for payment 
any human organ; 
 
 (c) offers to supply any human organ for payment; 
 
 (d) initiates or negotiates any arrangement involving 
the making of any payment for the supply of, or for an offer 
to supply, any human organ; 
 
 (e) takes part in the management or control of a body 
of persons, whether a society, firm or company, whose 
activities consist of or include the initiation or negotiation of 
any arrangement referred to in clause (d); or 
 
 (f) publishes or distributes or causes to be published or 
distributed any advertisement,- 
 
  (i) inviting persons to supply for payment of any 
human organ; 
 
Punishment for 
commercial 
dealings in human 
organs. 
[Act No.24 of 1995]  15 
  (ii) offering to supply any human organ for payment; 
or 
 
  (iii) indicating that the advertiser is willing to initiate or 
negotiate any arrangement referred to in clause (d) shall be 
punishable with imprisonment for a term which shall not be 
less than two  years but which may extend to seven years 
and shall be liable to fine which shall not be less than ten 
thousand rupees; but may extend to twenty thousand 
rupees: 
 
 Provided that the court may, for any adequate and 
special reason to be mentioned in the jud gement, impose a 
sentence of imprisonment for a term of less than two years 
and a fine less than ten thousand rupees. 
 
20. Whoever contravenes any provisi on of this Act or any 
rule made, or any condition of the registration granted there- 
under for which no punishment is separately provided in this 
Act shall be punishable with i mprisonment for a term which 
may extend to three years or with fine with may extend to 
five thousand rupees. 
 
21. (1) Where any offence, punishable under this Act, has 
been committed by a company, every person who at the 
time the offence was committed was in charge of, and was 
responsible to the company for the conduct of the business 
of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be 
proceeded against and punished accordingly: 
 
 Provided that nothing contained in this sub -section 
shall render any such person liable to any punishme nt, if he 
proves that the offence was committed without his 
knowledge or that he had exercised all due deligence to 
prevent the commission of such offence. 
 
Punishment for 
contravention of 
any other 
provision of this 
Act. 
Offences by 
companies. 
16  [Act No.24 of 1995] 
 (2) Notwithstanding anything contained in sub -section 
(1) where any offence punishable under this Act has been 
committed by a company and it is proved that the offence 
has been committed with the consent or connivance of, or is 
attributable to any neglect on the part of any director, 
manager, secretary or other officer of the company such 
director, man ager, s ecretary or other officer shall also be 
deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
 
 Explanation:- For the purposes of this section,- 
 
  (a) “company” means any body corporate and 
includes a firm or other association of individuals; and 
 
  (b) “director” in relation to a firm, means a partner in 
the firm. 
 
22. (1) No Court shall take cognizance of an offence under 
this Act except on a complaint made by,- 
 
  (a) the Appropriate Authority concerned, or any 
officer authorised in this behalf by the Government or, as the 
case may be, the Appropriate Authority; or 
 
  (b) a person who has given notice of not less than 
thirty days, in such manner , as may be prescribed, t o the 
Appropriate Authority concerned, of the alleged offence and 
of his intention to make a complaint to the court. 
 
 (2) No court other than of a Metropolitan Magistrate or 
a Judicial Magistrate of the First CIass  shall try any offence 
punishable under this Act. 
 
 (3) Where a complaint has been made under clause (b) 
of sub -section (1), the court may, on demand by such 
person, direct the Appropriate Authority to make available 
Cognizance of 
offences. 
[Act No.24 of 1995]  17 
copies of the relevant records in its p ossession to such 
person. 
 
CHAPTER-VII 
MISCELLANEOUS 
 
23. (1) No suit , prosecution or other legal proceedings 
shall lie against any person for anything which is in good 
faith done or intended to be done in pursuance of the 
provisions of this Act. 
 
 (2) No suit or other legal proceedings shall lie against 
the Government for a ny 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. 
 
24. (1) The Government may, by notification , make rules 
for carrying out all or any of 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 b e 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 brain -steam death 
of a minor, or the removal of any hum an organ und er sub-
section (7) of section 3; 
Protection of 
action taken in 
good faith. 
Power to make 
rules. 
18  [Act No.24 of 1995] 
  (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 (2) of section 13; 
 
  (i) the other measures as the Appropriate Author ity 
shall undertake in performing its functions under clause (vi) 
of sub-section (2) of section 13; 
 
  (j) the form and the manner in which an application 
for registration shall be made and the fees shall be 
accompanied, under sub-section (2) of section 14; 
 
  (k) the specialised services and the facil ities 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; 
 
[Act No.24 of 1995]  19 
  (l) the  form in which, the period for which and the 
conditions subject to which certificates of registration is to 
be granted to a hospital under sub-section (1) of section 15; 
 
  (m) the manner in which and the fees on payment of 
which certificate of registratio n is to be renewed under sub -
section (3) of section 15; 
 
  (n) the manner in which an appeal ma y 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) to provide for a registry to document all th e organ 
transplants to evalu ate the performance of each transplants 
centre and for matters connected there with or incidental 
thereto; and 
 
  (q) any other matter which is required to be, or may 
be prescribed. 
 
 (3) Every rule made under this Act shall immediately 
after it is made, be laid before the Legislature of the State, if 
it is in session and if it is no t in session, in the session 
immediately following for a total period of fourteen days 
which may be comprised in one session or in two 
successive sessions and if, before the expiration of the 
session in which it is so laid or the session immediately 
following, the Legislature agrees in making any modification 
in the rule or in the annulment of the rule, the rule shall, from 
the date on which the modification or annulment is notified, 
have effect only in such modified form or shall stand and 
annulled as the case  may be , so however, that any such 
20  [Act No.24 of 1995] 
modification, annulment shall be without prejudice to the 
validity of anything previously done under that rule. 
 
25. The Andhra Pradesh Corneal Grafting Act, 1963 and 
the Andhra Pradesh Transplantation of Human Organs 
Ordnance, 1995 are hereby repealed. 
 
* * * 
Repeal of Act 22 
of 1963 and 
Ordinance of 
1995. 

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