The Transplantation of Human Organs and Tissues Act 2010. (VI of 2010)

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An act to provide for removal, storage and transplantation of human organs and tissues for therapeutic purposes.

Whereas it is expedient to provide for the regulation, removal, storage and transplantation of human organs and tissues for therapeutic purposes and for matters connected therewith or ancillary thereto;

it is hereby enacted as follows:–

this act may be called the transplantation of human organs and tissues Act 2010.

it extends to whole of Pakistan.

Section 1 and sub-section 2, for the word of PAKISTAN” the word the “Punjab” shall be substituted.

  • It shall come into the force at once.

    In this act, unless there is anything repugnant in the subject or context,

  • brain dead means irreversible loss of brain and brain stem functions simultaneously;
  • dead means irreversible cessation of the entire function of brainstem;
  • donor means a person who donates any part of his body, organ, tissues or cell;
  • evaluation committee means a committee appointed under section 5

in section 2 after clause (d) the following new clause (dd) shall be inserted:–

  • government means government of the Punjab;
  • human organ means any part of a human body, organ or tissue;
  • monitoring authority means an authority constituted under section 8 to monitor the process of transplantation of human organs or tissues and matters relating thereto;
  • payment means payment in money or money’s worth but does not include any payment for defraying or reimbursing;
  • the cost of removing, transporting or preserving the human organ to be supplied; or
  • any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable top his supplying any organ from his body.

Donation of the organ or tissue by a living person.

Notwithstanding anything contained in any other law for the time being in force, a living donor who is not less than eighteen years of age, may during his lifetime voluntary donate any organ or tissue of has body to any other living person genetically and legally related, who is close blood relative and the donation of organ or part or tissue by such person for therapeutic purpose shall be regulated in the manner as may be prescribed. In the case of regenerative tissue, stem cells, there is no restriction of age between siblings.

Donation of human organs or tissues after death.

Any person who is not less than eighteen years of age may before his death in writing duly signed and verified by the respective Evaluation Committee, donate any of his organ or tissue of transplantation and for this purpose may authorize any medical institution or hospital duly recognized by the monitoring authority. The cases of unclaimed brain dead hospitalized patients shall be presented to an evaluation committee for transplantation after an intense search for their relatives within twenty-four hours.

On the death of the referred to in sub-section 1 any close relative of the deceased shall inform the evaluation committee about the deceased and cause the removal of the human organ or tissue in accordance with the authorization. A donor under this section may be executed in such form and manner as may be prescribed and may be revoked at any time during the lifetime of the donor in the presence of two witnesses.

Transplantation to be carried out by the team of transplant surgeons and physicians, etc.

The transplantation of human organ or tissue or removal of any part of human organ for the purpose of transplantation shall only be carried out by the recognized professionals who shall before the removal of any human organ from the body of the deceased, ensure that written certification has been obtained from the evaluation committee that death has occurred.

An absence of natural respiratory and cardiac functions and attempt at resuscitation; are not successful in restoring those functions; or

an irreversible and permanent cessation of all brainstem functions and future attempt of resuscitation or continued supportive maintenance would not be successful in restoring such natural functions.

On the commencement of this act the Federal Government shall on the recommendation of the monitoring authority by notification in the official Gazette publish the list of medical institutions and hospitals as recognized medical institutions and hospitals for practice of operative surgery in transplantation of human organs and tissues. The Federal Government may revise the list from time to time.

No hospital or medical institution shall carry out transplantation of human organs and tissues unless it is recognized as provided in sub-section 3.

Effects etc. to the donor and the recipient.

  • No transplantation of a human organ and tissue from a donor other than defined in sub-section 1 of section 3 shall be carried out without prior permission of the appropriate evaluation committee and only at medical institutions and hospitals which have been notified under sub-section 3 of section 6, provided that such donation by Pakistan citizens shall not be permissible to citizens of other countries.
  • No human organ or tissue shall be removed from the body of a living person except for the purposes of section 3 and no transplantation team of recognized medical institution or hospital shall undertake the removal or transplantation of any human organ or tissue from a living donor unless they have explained the effects, complications and hazards connected with the removal of organ or tissue for transplantation to the donor and its outcome in the recipient respectively in such manner as may be prescribed.

No donor and no person empowered to give authority for removal of any human organ shall authorized the removal of any human organ of any purpose other than the therapeutic purposes.

Whoever renders his services to or at any medical institution or hospital and who for the purposes of transplantation, conducts, associates with or helps in any manner, in the removal of any human organ without authority, shall be punished with imprisonment for a term which may extend to ten years and with fine which may extend to one million rupees.

Where any person convicted under sub-section 1 is a registered medical practitioner his name shall als0o be reported to the Pakistan Medical and Dental Council for appropriate action including removal of his name from the register of the Council for a period of three years for the first offence and permanently for subsequently offence.

Whoever makes or receives any payment for the supply of or for an offer to supply, any human organ;

seeks to find a person willing to supply for payment of any human organ;

offer to supply any human organ for payment; or

initiates or negotiates any arrangement involving the making of any payment for the supply of or for an offer to supply the human organ;

  • take part in the management or control of a body of persons, whether a society, film or company whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d) or
  • publishes or distributes or causes to be published or distributed any advertisement,
  1. involving to supply any human organ for payment of any human organ;

  2. offer to supply any human organs for payment or

  3. indicating that the advertise is willing to initiate or negotiate any arrangement referred to in clause(d);

shall be punished with imprisonment for a term which may extend to ten years and with fine which may extend to one million rupees.

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 punished with imprisonment for a term which may extend to three years or with fine which may extend to three hundred thousand rupees or with both.

No court inferior to that of the magistrate of first class empowered under section 30 of the code of criminal procedure 1898 shall try an offence punishable under this act.

  1. No court shall take cognizance of an offence under this act except on a complaint in writing made by–

  • the monitoring authority or its secretary or

  • an aggrieved person who has given notice of not less than fifteen days in such manner as may be prescribed to the monitoring authority of the alleged offence and of his intention to lodge a complaint.

    Notwithstanding anything in the code of criminal procedure 1898 the offences punishable under this act shall be non-bailable.

Protection of actions taken in good faith.

No suit, prosecutor or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of the provisions of this act or rules made thereunder.

No suit or other legal proceedings shall tie against the federal government for any damage caused or likely to be caused for anything which is done with due care in good faith or intended to be done in pursuance of the provisions of this act.

The federal government may by notification in the official gazette make rules for carrying out the purposes of this act.

If any difficulty arises in giving effect to any provision of this act, the President may make such order as he considers necessary or expedient for the purpose of removing the difficulty.

Written by

AD, IMRANA HANIF

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