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Section 2 – The Transplantation of Human Organs Act,1994

The Transplantation of Human Organs Act,1994

Section 2. Definitions

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 clause (a) or clause (b) of subsection (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 cardiopulmonary 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 sub-section (1) or sub-section (2) of Section 3;

(g) “Hospital” includes a nursing home, clinic, medical centre, medical or reaching 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 miles made under this Act;

(m) “Recipient” means a person into whom any human organ is, or is proposed to be, transplanted;

(n) “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 (102 of 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.

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The Transplantation of Human Organs Act,1994

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