(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 transplanted into the body of any recipient who may be in need of such human organ.
(3) If any donor authorises the removal of any of his human organs before 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 human 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 Committee shall after holding an inquiry and after satisfying itself that the applicants have complied with all the requirements of this Act and the rules made thereunder, 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