(i) For rule 6 the following rules shall be substituted, namely:- 20_______________________________ THE GAZETTE OF INDIA: EXTRAORDINARY [Part II—Sec. 3 (i)] “6. The donor and the recipient shall make jointly an application to grant approval for removal and transplantation of a human organ, to the concerned competent authority or Authorisation Committee as specified in Form 10. The Authorisation Committee shall take a decision on such application in accordance with the guidelines in rule 6-A."
(ii) after rule 6, the following rule shall be inserted, namely.- *6A. Composition of Authorisation Committees:
1. There shall be one State level Authorisation Committee.
2. Additional authorisation committees may be set up at various levels as per norms given below, namely:-
(i) no member from transplant team of the institution should be a member of the respective Authorisation Committee. All Foreign Nationals (related and unrelated) should go to ‘Authorisation Committee’ as abundant precaution needs to be taken in such cases;
(ii) Authorisation Committee should be Hospital based in Metro and big cities if the number of transplants exceed 25 in a year at the respective transplantation centres.
In smaller towns, there are State or District level Committees if transplants are less than 25 in a year in the respective districts.
(A) Composition of Hospital Based Authorisation Committees: (To be constituted by the State Government and in case of Union territory by the Central Government).
(a) the senior most person officiating as Medical Director or Medical Superintendent of the Hospital;
(b) two senior medical practitioners from the same hospital who are not part of the transplant team; ''
(c) two members being persons of high integrity, social standing and credibility, who ’ » have served in high ranking Government positions, .such as in higher judiciary, senior cadre of police service or wf^ have served as a reader or professor in University Grants Commission approved University or are self-employed professionals of repute such as lawyers, chartered accountants and. doctors (of Indian Medical Association) etc.: and
(d) Secretary (Health) or nominee and Director Health Services or nominee.
(B) Composition of State or District Level Authorisation Committees: (To be constituted by the State Government and in case of Union territory by the Central Government).
[MPTII—t3fng3(i)] 21
(a) a Medical Practitioner officiating as Chief Medical Officer or any other equivalent post in the main/major Government Hospital of the District.
(b) two senior medical practitioners to be chosen from the pool of such medical practitioners who are residing in the concerned District and who are not part of any transplant team.
(c) two senior citizens, non-medical background (one lady) of high reputation and.
integrity to be chosen from the pool of such citizens residing in the same district, who have served in high ranking Government positions, such as in higher judiciary, senior cadre of police service or who have served as a reader or professor in University Grants Commission approved University or are self-employed professionals of repute such as lawyers, chartered accountants and doctors (of Indian Medical Association) etc.; and
(d) Secretary (Health) or nominee and Director Health Services or nominee.
(Note: Effort should be made to have most of the members’ ex-officio so that the need to change the composition of committee is less frequent.)
6B. The State level committees shall be formed for the purpose of providing approval or no objection certificate to the respective donor and recipient to establish the legal and residential status as a domicile state. It is mandatory that if donor, recipient and place of transplantation are from different states, then the approval or ‘no objection certificate’ from the respective domicile State Government should be necessary.
The institution where the transplant is to be undertaken in such case the approval of Authorisation Committee is mandatory.
6C. The quorum of the Authorisation Committee should be minimum four. However, quorum ought not to be considered as complete without the participation of the Chairman. The presence of Secretary (Health) or nominee and Director of Health Services or nominee is mandatory.
6D. The format of the Authorisation Committee approval should be uniform in all the institutions in a State. The format may be notified by respective State Government.
6E. Secretariat of the Committee shall circulate copies of all applications received from the proposed donors to all members of the Committee. Such applications should be circulated along with all annexures, which may have been filed along with the applications At the time of the meeting, the Authorisation Committee should take note of all relevant contents and documents in the course of its decision making process and in the event any document or information is found to be inadequate or doubtful, explanation should be sought from the applicant and if it is considered 22 THE GAZETTE OF INDIA: EXTRAORDINARY[Part II—Sec. 3(i)] necessary that any fact or information requires to be verified in order to confirm its veracity or correctness, the same be ascertained through the concerned officers) of the State/ Union territory Goyemment