(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 22nd 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.
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(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 the Doctor who would be removing the organ, the removal of any of his human organs for therapeutic purposes under sub-section (1) or subsection (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 clause (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.
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CHAPTER – II AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS