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Section 5: In the said rules, after rule 4 the following rule shall be inserted, namely

Transplantatin of Human Organs(Amendment) Rules, 2008Central Rules · 1994

“4-A (1) The medical practitioner who will be part of the organ transplantation Authorisation team for carrying out transplantation operation shall not be a member Committee of the Authorisation Committee constituted under the provisions of clauses (a) and (b) of sub-section(4) of section 9 of the Act.

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(2) Where the proposed transplantation is between a married couple, the Registered Medical Practitioner i.e. Incharge of transplant centre must evaluate the factum and duration of marriage and ensure that documents such as marriage certificate, marriage photograph etc. are kept for records along with the information on the number and age of children and family photograph depicting the entire immediate family, * birth certificate of children containing particulars of parents.

(3) When the proposed donor or recipient or both are not Indian Nationals/citizens whether ‘near relatives’ or otherwise, Authorisation Committees shall consider all such requests.

(4) when the proposed donor and the recipient are not ‘near relatives’, as defined under clause(i) of section 2 of the Act, the Authorisation Committee shall evaluate that,-

(i) there is no commercial transaction between the recipient and the donor and that no payment or money or moneys worth as referred to the Act, has been made to the donor or promised to be made to the donor or any other person;

(ii) the following shall specifically be assessed by the Authorisation Committee:-

(a) an explanation of the link between them and the circumstances which led to the offer being made;

(b) reasons why the donor wishes to donate;

(c) documentary evidence of the link, e g. proof that they have lived together, etc.;

(d) old photographs showing the donor and the recipient together;

(iii) that there is no middleman or tout involved;

(iv) that financial status of the donor and the recipient is probed by asking them to give - appropriate evidence of their vocation and income for the previous three financial years. Any gross disparity between the status of the two must be evaluated in the backdrop of the objective of.preventing commercial dealing;

(v) that the donor is not a drug addict or known person with criminal record;

(vi) that the next of the kin of the proposed unrelated donor is interviewed regarding awareness about his or her intention to donate an organ, the authenticity of the link between the donor and the recipient and the reasons for donation. Any strong views or disagreement or objection of such kin shall also be recorded and taken noteof.’

Where this provision sits

ActTransplantatin of Human Organs(Amendment) Rules, 2008
Section5
Marginal noteIn the said rules, after rule 4 the following rule shall be inserted, namely
JurisdictionCentral
StatusIn force as published by the source

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