Section 4 in The Transplantation of Human Organs Rules, 1995
4. [ Duties of the Medical Practitioner. [Substituted by ibid.]
(1)A registered medical practitioner shall, before removing a human organ from the body of a donor before his death, satisfy himself -(a)that the donor has given his authorisation in appropriate Form 1(A) or 1(B) or 1(C);(b)that the donor is in proper state of health and is fit to donate the organ, and the registered medical practitioner shall sign a certificate as specified in Form 2;(c)that the donor is a near relative of the recipient, as certified in Form 3, who has signed Form 1(A) or 1(B) as applicable to the donor and that the donor has submitted an application in Form 10 jointly with the recipient and that the proposed donation has been approved by the concerned competent authority and that the necessary documents as prescribed and medical tests, if required, to determine the factum of near relationship, have been examined to the satisfaction of the Registered Medical Practitioner, i.e., incharge of transplant centre;(d)that in case the recipient is spouse of the donor, the donor has given a statement to the effect that they are so related by signing a certificate in Form 1(B) and has submitted an application in Form 10 jointly with the recipient and that the proposed donation has been approved by the concerned competent authority under provisions of sub-rule (2) of rule 4-A;(e)in case of a donor who is other than a near relative and has signed Form 1(C) and submitted an application in Form 10 jointly with the recipient, the permission from the Authorisation Committee for the said donation has been obtained.](2)A Registered Medical Practitioner shall, before removing a human organ from the body of a person after his death, satisfy himself -(a)that the donor had, in the presence of two or more witnesses (at least one of whom is a near relative of such person), unequivocally authorised as specified in Form 5 before his death, the removal of the human organ of his body, after his death, for therapeutic purposes and there is no reason to believe that the donor had subsequently revoked the authority aforesaid;(b)[ that the person lawfully in possession of the dead body has signed a certificate as specified in Form 6.] [Substituted by G.S.R. 571(E), dated 31st July, 2008.](3)A Registered Medical Practitioner shall, before removing a human organ from the body of a person in the event of his brain-stem death, satisfy himself -(a)that a certificate as specified in Form 8 has been signed by all the members of the Board of medical experts referred to in sub-section (6) of section 3 of the Act;(b)that in the case of brain-stem death of a person of less than eighteen years of age, a certificate specified in Form 8 has been signed by all the members of the Board of medical experts referred to in sub-section (6) of section 3 of the Act and an authority as specified in Form 9 has been signed by either of the parents of such person.[4-A. Authorisation Committee [Inserted by G.S.R. 571(E), dated 31st July, 2008.]. - (1) The Medical Practitioner who will be part of the organ transplantation team for carrying out transplantation operation shall not be a member of the Authorisation Committee constituted under the provisions of clauses (a) and (b) of sub-section (4) of section 9 of the Act.(2)Where the proposed transplantation is between a married couple, the Registered Medical Practitioner, i.e., incharge of transplant centre must evaluate the factum and duration of marriage and ensure that documents such as marriage certificate, marriage photograph, etc., are kept for records along with the information on the number and age of children and family photograph depicting the entire immediate family, birth certificate of children containing particulars of parents.(3)When the proposed donor or recipient or both are not Indian Nationals/citizens whether "near relatives" or otherwise, Authorisation Committees shall consider all such requests.(4)When the proposed donor and the recipient are not "near relatives", as defined under clause (i) of section 2 of the Act, the Authorisation Committee shall evaluate that, -(i)there is no commercial transaction between the recipient and the donor and that no payment or money or moneys worth as referred to in the Act, has been made to the donor or promised to be made to the donor or any other person;(ii)the following shall specifically be assessed by the Authorisation Committee :-(a)an explanation of the link between them and the circumstances which led to the offer being made;(b)reasons why the donor wishes to donate;(c)documentary evidence of the link, e.g., proof that they have lived together, etc.;(d)old photographs showing the donor and the recipient together;(iii)that there is no middleman or tout involved;(iv)that financial status of the donor and the recipient is probed by asking them to give appropriate evidence of their vocation and income for the previous three financial years. Any gross disparity between the status of the two must be evaluated in the backdrop of the objective of preventing commercial dealing;(v)that the donor is not a drug addict or known person with criminal record;(vi)that the next of kin of the proposed unrelated donor is interviewed regarding awareness about his or her intention to donate an organ, the authenticity of the link between the donor and the recipient and the reasons for donation. Any strong views or disagreement or objection of such kin shall also be recorded and taken note of."]
