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Transplantation of Human Organs Act,1994

Act No : 42


Section : Definition.

2. Definition.- In this Act, unless the context otherwise requires,- (a) "advertisement" includes any form of advertising whether to the public generally or to any section of the public or, individually to selected persons; (b) "Appropriate Authority" means the Appropriate Authority appointed under section 13; (c) "Authorisation Committee" means the committee consti- tuted under clause (a) or clause (b) of sub-section (4) of section 9; (d) "brain-stem death" means the stage at which all functions of the brain-stem have permanently and irreversibly ceased and is so certified under sub-section (6) of section 3; (e) "deceased person" means a person in whom permanent dis- appearance of all evidence of life occurs, by reason of brain-stem death or in a cardiopulmonary sense, at any time after live birth has taken place; (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 subsection (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 re- moved, cannot be replicated by the body; (i) "near relative" means spouse, son, daughter, father, mother, brother or sister; 3 (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 hcost of removing, transporting or preserving the human organ 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 human organ 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, 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; and (p) "transplantation" means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes.


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