new section
19A.
"19A. Whoever- Punishment for ilregal
(a) makes or receives any payment for the supply of, or for an offer to dealings in supply, any human tissue; or human tissue
(b) seeks to h d person willing to supply for payment and human tissue; or
(c) offers to supply any human tissue for payment; or (4 initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human tissue; or
(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 (4; or V) publishes or distributes or causes to be published or distributed any advertisement-
(i) inviting persons to supply for payment of any human tissue; or
(ii) offering to supply any human tissue for payment; or
(iiz) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (4; or
(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 tissues as a near relative or by reason of affection or attschment towards the recipient, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall be liable to fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees.".
Amendment of section 19.
8 THE GAZETIE OF INDIA EXTRAORDINARY [PART 11- Amendment -19. In section 20 of the principal Act, for the words "thee years or with f i e which of section 20. may extend to five thousand rupees", the words "five years or with fine which may extend to twenty lakh rupees" shall be substituted.
Amendment 20. In section 24 of the principal Act, in sub-section (2),- of section 24.
(a) after clause (a), the following clauses shall be inserted, namely:- "(aa) the human organs or tissues or both in respect of which duty is cast on registered medical practitioner, the manner of obtaining documentation for authorisation under clause ( i ) of sub-section (IA) of section 3;
(ab) the manner of making the do&r or his relative aware under clause (ii) of sub-section ( I A ) of section 3;
(ac) the manner of i n f d g the Human Organ Retrieval Centre under clause (iii) of sub-section (IA) of section 3;
(ad) the date from which duties mefitioned in sub-section (IA) are applicable to registered medical practitioner working in a unregistered hospital under sub-section (1B) of section 3;
(ae) the qualifications and experience of a technician under the proviso to sub-section (4) of section 3;";
(6) after clause (b), the following clause shall be inserted, namely:- "(ba) the conditions for nomination of a surgeon or a physician and an anaesthetist or intensivist to be included in the Board of mcdical experts under the proviso to clause (iii) of sub-section (6) of section 3;"; .
(c) after clause (e), the following clauses shall be inserted, namely:- "(ea) the manner of removal of human organs or tissues or both h m the body of a minor before his death for transplantation under sub-section (IB) of section 9;
(eb) the composition of the Authorisation Committees under sub-section
(4) ofsection'9;";
(4 after clause (i) , the following clauses shall be inserted, namely:- "(ia) the qwlifications of medical experts and the terms and conditions for appointment to Advisory Committee under sub-sections (2) and (3) of section 13A;
(ib) the power of the Appropriate Authority in any other matter under clause (4 of section 13B;
(ic) the manner of establishment of a National Human Organs and Tissues Removal and Storage Network and Regional Network and functions to be performed by them under section 13C;
(id) the information in the national registry of the donors and recipients of human organs and tissues and all information under section 13D;";
(e) after clause (k), the following clauses shall be inserted, namely:- "(ka) the qualifications and experience of a transplant co-ordiiator under sub-section (4) of section 14;
(kb) the form and the manner in which an application for registmtion shall' be made, and the fee which shall be accompanied, under sub-section (2) of section 14A;
Sec. 1] -. THE GAZETTE OF INDIA EXTRAORDINARY 9 : (kc) 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 Tissue Bank, under sub-section (3) of section 14A;";
V) in clause (0, for the word "hospital", the words "hospital or Tissue Bank" shall be substituted.
VICBHASJN, Secy. to the Govt. of India PRINTED BY DIRECTORATE OF PRINTING AT CiOWRNMENT OF INDIA PRESS, h4INTO ROAD, NEW D W AND PUBLISHED BY THE CONTROLLER OF PUBLICNIONS. DELHJ. 201 1.