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Section 13B: The Appropriate Authority shall for the purposes of this Act have all the powers of a oivil court trying a suit under the Code of Civil Procedure, I908 and, in particular, in respect of the following matters, namely

The Transplantation of Human Organs (Amendment) Act, 2011Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 16 of 2011

(a) sumfnonhg of any person who is in possession of any information relating to violation of the provisions of &Act or the rules made thereunder;

(b) discovery and production of any document or material object;

(c) issuing search warrant for any place suspected to be indulging in unauthorised removal, procurement or transplantation of human organs or tissues or both; and

(d) any other matter which may be prescribed.

13C. The Central Government may, by noacation, establish a National Human organs and Tissues Removal and Storage Network at one or more places and Regional Network ib such manner and to perform such functions, as may be prescribed.

Insertion of new sections

13A. 13B, 13C and 13D.

Advisory Committees to advise Appropriate Authority.

Powers of Appropriate Authority.

< National Human organs and Tissues Removal and Storage Network.

National registry.

Amendment of section 14.

6 THE GAZETTE OF INDIA EXTRAORDINARY I~AR'I. 11--

13D. The Central Government shall maintain a national registry of the donors and recipients of human organs and tissues and such registry shall have such information as may be prescribed to an ongoing evaluation of the scientific and clinical status of human organs and tissues.".

11. In section 14 of the principal Act,-

(a) in sub-section (I), for the words "No hospital", the words "No hospital (including Human Organ Retrieval Centre)" shall be substituted;

(b) after sub-section (3), the following sub-section shall be inserted, namely:- "(4) No hospital shall be registered under this Act, unless the Appropriate Authority is satisfied that such hospital has appointed a transplant co-ordinator having such qualifications and experience as may be prescribed.".

Insertion of 12. After section 14 of the principal Act, the following section shall be inserted, new section name@-

14A.

Registration of "14A. (I) No Tissue Bank shall, after the commencement of the Transplantation Tissue Bank. of Human Organs (Amendment) Act, 201 1, commence any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues unless it is duly registered under this Act:

Provided that any facility engaged, either partly of exclusively, in any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues immediateIy before the commencement of the Transplantation of Human Organs (Amendment) Act, 20 1 1, shall apply for registration as Tissue Bank within sixty days &om the date of such commencement:

Provided further that such facility shall cease to engage in any such activity on the expiry of three months fiom the date of commencement of the Transplantation of Human Organs (Amendment) Act, 201 1, unless such Tissue Bank 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 (I) 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 Tissue Bank shall be registered under this Act unless the Appropriate authority is satisfied that such Tissue Bank 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.".

Amendment of 13. In section 15 of the principal Act, in sub-section ( I ) , for the words "grant to the section hospital", the words "grant to the hospital or to the Tissue Bank, as the case may be," shall be inserted.

Amendment of 14. In section 16 of the principal Act, for the word "%hospital", wherever it occurs, the section 16. words "hospital or Tissue Bank, as the case may be," shall be substituted.

Amendment of 15. In section 17 of the principal Act, after the words, brackets and figure "under subsection 17. . section (6) of sectiin 9, or any hospital", the words "or Tissue Bank, as the case may be," shall be inserted.

Amendment of 16. In section 18 of the principal Act,- section 18.

(a) in sub-section (I), for the words "five years and with fine which may extend to ten thousand rupees", the words 'Yen years and with fine which may extend to twenty lakh rupees" shall be substituted;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY ?

, . (b) in sub-section (2), for the words "two years", the words "three years" shall be substituted.

(c) after sub-section (2), the following sub-section shall be inserted, namely:- "(3) Any person who renders his services to or at any hospital and who conducts, or associates with or helps in any manner in the removal of human tissues without authority, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.".

17. In section 19 of the principal Act,-

(a) after clause w, the following clause shall be inserted, namely:- "(g) abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human organs, as a near relative or by reason of affection or attachment towards the recipient.";

(b) for the words "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", the words "five years but which may extend to ten years and shall be liable to fine which shall not be less than twenty lakh rupees but may extend to one crore rupees" shall be substituted;

(c) the proviso shall be omitted.

Where this provision sits

ActThe Transplantation of Human Organs (Amendment) Act, 2011
Section13B
Marginal noteThe Appropriate Authority shall for the purposes of this Act have all the powers of a oivil court trying a suit under the Code of Civil Procedure, I908 and, in particular, in respect of the following matters, namely
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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