Amendment status not verified — confirm the current text below against the official source.
Restrictions on removal and transplantation of 2[human organs or tissues or both].—(1) Save as otherwise provided in sub-section (3), no 1[human organ or tissue or both] removed from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the recipient. 3[(1A) Where the donor or the recipient being near relative is a foreign national, prior approval of the Authorisation Committee shall be required before removing or transplanting human organ or tissue or both: Provided that the Authorisation Committee shall not approve such removal or transplantation if the recipient is a foreign national and the donor is an Indian national unless they are near relatives. (1B) No human organs or tissues or both shall be removed from the body of a minor before his death for the purpose of transplantation except in the manner as may be prescribed. (1C) No human organs or tissues or both shall be removed from the body of a mentally challenge person before his death for the purpose of transplantation. Explanation.—For the purpose of this sub-section,— (i) the expression “mentally challenged person” includes a person with mental illness or mental retardation, as the case may be; (ii) the expression “mental illness” includes dementia, schizophrenia and such other mental condition that makes a person intellectually disables; (iii) the expression “mental retardation” shall have the same meaning as assigned to it in clause (r) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995 (1 of 1996).] (2) Where any donor authorises the removal of any of his 2[human organs or tissues or both] after his death under sub-section (2) of section 3 or any person competent or empowered to give authority for the removal of any 1[human organ or tissue or both] from the body of any deceased person authorises such removal, the 1[human organ or tissue or both] may be removed and transplanted into the body of any recipient who may be in need of such 1[human organ or tissue or both]. (3) If any donor authorises the removal of any of his 2[human organs or tissues or both] before his death under sub-section (1) of section 3 for transplantation into the body of such recipient, not being a near relative, as is specified by the donor by reason of affection or attachment towards the