Section 4. Removal of[4] [human organs or tissues or both] not to be authorised in certain cases

4. Removal of[4] [human organs or tissues or both] not to be authorised in certain cases. —(1) No facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under sub-section (3) of that section for the removal of any[3] [human organ or tissue or both] from the body of a deceased person, if the person required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force. facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under (2) No authority for the removal of any[3] [human organ or tissue or both] from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal. 4. 4th February, 1995, vide Notification No. S.O. 80(E), dated the 4th February, 1995, see Gazette of India, Extraordinary, Part II, sec.3(ii). Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). (f) "donor" means any person, not less than eighteen years of age, who voluntarily authorises the removal of any of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3; (g) "hospital" includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic purposes and other like institution; (h) "human organ" means any part of a human body consisting of a structured arrangement of tissues which, if wholly, removed, cannot be replicated by the body; [1] [(ha) "Human Organ Retrieval Centre" means a hospital,— (i) which has adequate facilities for treating seriously ill patients who can be potential donours of organs in the event of death; and (ii) which is registered under sub-section (1) of section 14 for retrieval of human organs; (hb) "minor" means a person who has not completed the age of eighteen years;] "[2] [(i) near relative" means spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter;] (j) "notification" means a notification published in the Official Gazette; (k) "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[3] [human organ or tissue or both] 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; (l) "prescribed" means prescribed by rules made under this Act; (m) "recipient" means a person into whom any[3] [human organ or tissue or both] is, or is proposed to be, transplanted; (n) "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 (102 of 1956), and who is enrolled on a State Medical Register as defined in clause (k) of that section; (o) "therapeutic purposes" means systematic treatment of any disease or the measures to improve health according to any particular method or modality;[4] * 5 [(oa) "tissue" means a group of cells, except blood, performing a particular function in the human body; (ob) "Tissue Bank" means a facility registered under section 14A for carrying out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues, but does not to include a Blood Bank;] (p) "transplantation" means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes; [5] [(q) "transplant co-ordinator" means a person appointed by the hospital for co-ordinating all matters relating to removal or transplantation of human organs or tissues or both and for assisting the authority for removal of human organs in accordance with the provisions of sections 3.] 1. Ins. by Act 16 of 2011, s. 5 (w.e.f. 10-1-2014). 2. Subs. by s. 5, ibid ., for clause (i) (w.e.f. 10-1-2014). 3. Subs. by s. 4, ibid ., for "human organ" (w.e.f. 10-1-2014).