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THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994
Chapter VI
Offences and Penalties
18. Punishment for
removal of
human organ
without
authority.
(1). Any person who renders his services to or at any
hospital and who, for purposes of transplantation,
conducts associates with, or helps in any manner in, the
removal of any human organ without authority, shall be
punishable with imprisonment for a term which may
extend to five years and with fine which may extend to
ten thousand rupees.
(2). Where any person convicted under sub-section (1) is a
registered medical practitioner, his name shall be
reported by the Appropriate Authority to the respective
State Medical Council for taking necessary action
including the removal of his name from the register of the
Council for a period of two years for the first offence and
permanently for the subsequent offence.
19. Punishment for
commercial
dealings in
human organs
Whoever –
(a) makes or received any payment for the supply of, or
for an offer to supply, any human organ;
(b) seeks to find person willing to supply for payment any
human organ;
(c) offers to supply any human organ for payment;
(d) initiates or negotiates any arrangement involving the
making of any payment for the supply of, or for an
offer to supply, any human organ;
(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
(d); or
(f) publishes or distributes or causes to be published or
distributed any advertisement-
(a) inviting persons to supply for payment of any
human organ;
(b) offering to supply any human organ for
payment; or
(c) indicating that the advertiser is willing to initiate
or negotiate any arrangement referred to in
clause (d),
shall be punishable with imprisonment for a term
which shall not be less than two years but which may
extend to seven years and shall be liable to fine which
shall not be less than ten thousand rupees but may
extend to twenty thousand rupees:
Provided that the court may, for any adequate and
special reason to be mentioned in the judgement,
impose a sentence of imprisonment for a term of less
than two years and a fine less than ten thousand
rupees.
20. Punishment for
contravention
of any other
provision of this
Act.
Whoever contravenes any provision of this Act or any rule
made, or any condition of the registration granted,
thereunder for which no punishment is separately provided in
this Act, shall be punishable with imprisonment for a term
which may extend to three years or with fine which may
extend to five thousand rupees.
21. Offences by
companies.
(1). Where any offence, punishable under this Act, has been
committed by a company, every person who, at the time
the offence was committed was in charge of, and was
responsible to the company for the conduct of the
business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment, if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2). Notwithstanding anything contained in sub-section (1),
where any offence punishable under this Act has been
committed by a company and it is proved that the
offence has been committed with the consent or
connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer
of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and
punished accordingly.
Explanation: For the purposes of this section:
(a) “company” means any body corporate and
includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in
the firm.
22. Cognizance of
offence
(1). No court shall take cognizance of an offence under this
Act except on a complaint made by:
(a) the Appropriate Authority concerned, or any officer
authorised in this behalf by the Central
Government or the State Government or, as the
case may be, the Appropriate Authority; or
(b) a person who has given notice of not less than
sixty days, in such manner as may be prescribed,
to the Appropriate Authority concerned, of the
alleged offence and of his intention to make a
complaint to the court.
(2). No court other than that of a Metropolitan Magistrate or
a Judicial Magistrate of the first class shall try any
offence punishable under this Act.
(3). Where a complaint has been made under clause (b) of
sub-section (1), the court may, on demand by such
person, direct the Appropriate Authority to make
available copies of the relevant records in its
possession to such person.
Chapter I, II, III, IV, V, VI, VII
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