(c} the first donor who i is compatible biologically asa donor forthe  - second recipient and the second donor is compatible biologically as a donor of a human organ or tissues or both for the first recipient and both donors and both recipients in the aforesaid group of donor and recipient have entered into a single agreement to donate and receive such human' ¢~ organ or tissue or both according to > such biological compatibility i in the group, the removal and transplantation of f the human organ or tissue or both, as per the agreement referred to above, shall not be done without prior approval of the authorisation committee"; lo (co) for sub-section (4), the following sub-section shall be substituted, namely:— "(4)(a) the composition of the authorisation committees shall be such as may be prescribed by the central government from time to time (6) the state governments and the union territories shall constitute, by notification, one or more authorisation committees consisting of such members {$7 as may be nominated by the state governments and the union territories on : such terms and conditions as may be specified i in the notification for the purposes of this section", 8 after section 13 of the principal act, the following sections shall be inserted, namely:— insertion of new sections iba, 13b, 13c and 13d, "13a (2) the central government and the state governments, a as the case may 2-9 be, by riotification, shall constitute an advisory committee for a period of two years to aid and advise the appropriate authority to discharge its functions, advisory committees to advice appropriate authority (2) the advisory committee shall consist of— (a) one administrative expert not below the rank of secretary to the state  government, to be nominated as chairperson of the advisory committee; 2s (2) two medical experts having such qualifications as may be prescribed; -(c) one officer not below the rank of a joint director to represent the ministryor department of health and family welfare, to be designated as -member-secretary; (@) two eminent social workers of high social standing and integrity, one 30 of whom'shall be from amongst representatives of women's organisation; (2) one legal 'expert who has held the position of an additional district judge or equivalent, (3) he terms and conditions for appointment to the advisory committee shall be such as may be prescribed by the central government as" -13b, the appropriate authority shall for the purposes of this act have all the  powers of a civil court trying a suit under the code of civil procedure, 1908 and, in 5 of 1908 powers of appropriate authority particular, in respect of the following matters, namely:— (a) sumnioning of any person who is in possession of any information relating to violation of the provisions of this act or the rules made thereunder; yo (6) discovery and production of any document or material object; (c) issuing search warrant for any place suspected to be indulging in unauthorised removal, procurement or transplantation of human organs or tissues or both; and :   byw : (a) any other matter which miay be prescribed,  13c the central government may, by notification, establish a national human organs and tissues removal and storage network at one or more places and regional network in such manner and to perform such functions, as may be prescribed, —national human organs and tissues removal and  storage network, national 13d the central government shall maintain a national registry of the donors registry 6" and recipients of human organs and tissues and such registry shall haye such information as may be prescribed to an ongoing evaluation of the scientific and clinical status of human organs and tissues" 9, in section 14 of the principal act, after sub-section (3), the following sub-sections amendment of section 14, shall be-inserted, namely:— 10 (4) no hospital shall be registered under this act, unless the appropriate authority is satisfied that such hospital has appointed a transplant coordinator having such qualifications and experience as may be prescribed (5) the non-governmental organisations, registered societies, charitable trusts and such other entities engaged, either partly or exclusively, in any activity relating to is the removal, storage or transplantation of any human organ and tissues for therapeutic purposes, shall immediately apply for registration in such manner as may be prescribed" 10 in section 18 of the principal act,— | amendment    |   of  ||--------------|-------|| section      |    18 |(a) in sub-section (j), for the words "fi ive years and with fine which may extend - to ten thousand rupees", the words "ten years and with fine which may extend to five 20 lakh rupees" shall be substituted; (6) in sub-section (2), for the words "two years", the words "three years" shall be substituted amendment 11 in section 19 of the principal act— of section 19 @ after clause (/), the following clause shail be inserted, namely:-— ay "(g) abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human organs or tissues or both, as a near relative or by reason of affection or attachment towards the recipient"; (6) for'the words "two years but which may extend to seven yearsand shall be 30 liable to fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees", the words "five years but which may extend to ten years and shall be liable to fine which shall not be less than five lakh rupees but may extend to twenty lakh rupees" shail be substituted; (c) the proviso shail be omitted  3s 12, insection 20 of the principal act, for the words "three years or with fine which may amendment of section 20 extend to five thousand rupees", the words "five years or with fine which may extend to five lakh rupees" shall be substituted,  13 in section 24 of the principal act, in sub-section (2),— | amendment    | of    ||--------------|-------|| section      | 24,   || (a)          |       || after        |       || clause       |       || (a),         |       || the          |       || following    |       || clauses      |       || shal! be     |       || inserted,    |       || namely:      |       || -            |       || uo           |       || "(aa)        |       || the          |       || human        |       || organs       |       || or           |       || tissues      |       || or           |       || both         |       || under        |       || sub-section  |       || (/4)         |       || and          |       || the          |       || manner       |       || of           |       || informing    |       || to           |       || the          |       || human        |       || organ        |       || removal      |       || centre       |       || under        |       || clause       |       || (iif)        |       || of           |       || sub-section  |       || (/a)         |       || of           |       || section      |       || 3            |       || and          |       || the          |       || date         |       || from         |       || which        |       || duties       |       || mentioned    |       || in           |       || clauses      |       || (i)          |       || to           |       || (ili)        |       || of           |       || sub-section  |       || (1a)         |       || are          |       || to           |       || apply        |       || to           |       || a            |       || registered   |       || medical      |       || practioner   |       || "            |       || working'     |       || in           |       || a            |       || intensive    |       || care         |       || unit         |       || ofa          |       || hospital     |       || which        |       || is           |       || not          |       || registered   |       || under        |       || this         |       || 'act         |       || under        |       || sub-section  |       || (1b)         |       || of           |       || that         |       || section;     |       || us           |       |(ab) the qualifications and experience ofa technician under the proviso to sub-section(4) of section 3;"; (4) after clause (4), the following clause shall be inserted, namely— "(6a) the conditions for nomination of a surgeon or a physician and an anaesthetist or intensivist to be included in the board of medical experts under 7 the proviso to clause (ii/) of sub-section (6) of section 3;"5 (c) after clause (e), the following clauses shall be inserted, namely:— (ea) the manner of removal of human organs or tissues or both from the body ofa minor before his death for transplantation under sub-section (/b) of section 9; : lo (eb) the composition of the authorisatiori committees under sub-section (4) of section 9;"; (@) after clause (i), the following clauses shall be inserted, namely:— "(ia) the qualifications of medical experts and the terms and conditions ' for appointment to advisory committee under sub-sections (2) and (3) of section {57 13a; (ib) the power of the appropriate authority in any other matter under clause (d) of section 13b; (ic) the manncr of establishment of 'a national human organs and tissues removal and' storage network and regional network and functions to be 26 performed by them under section 13c;  : (id) the information in the national registry of the donors and recipients of human organs and tissues and all information under section 13d;"; (e) after clause (a), the following clauses shall be inserted, namely:— "(ka) the qualifications and experience ofa transplant coordinator under 34~ sub-section (4) of section 14; (kb) the manner of registration of the non-governmental organisations, registered societies, charitable trusts and such other entities under sub-section (5) of-section 143",  statement of objects and reasons ~ ;the transplantation of human organs act, 1994 came into force on the 4th day of "februaty, 1995 in the states of goa, himachal pradesh and maharashtra and all the union territories thereafter, it has been adopted by all the states except the states of jammu and kashmirand andhra pradesh which have enacted their own legislation to regulate transplantation of human organs the main purpose of the act is to regulate the removal, storage and transplantation of human organs for therapeutic purposes and to prevent commercial dealings in human organs 2 it has been observed that despite having put into place a regulatory mechanism for transplantation of human organs, there has been a spate of reports in the print and electronic media about thriving human organ trade in india and the consequential exploitation of economically weaker sections of the society there has, therefore, been an increasing _ perception in civil society that the said act has not been effective in curbing commercial transactionsin organ transplant and thwarted genuine cases due to the complicated and long drawn process of organ donation, 3 on the above i issue, hon'ble high court of delhi in its judgmentd dated 6-9-2004 in wp no 813 of 2004 balbir singh vs union of india and others constituted a committee to examine the lacunae in implementation of the said act the recommendations of the said committee were examined along with the recommendations of the rajiv gandhi foundation the draft guiding principles of the organ transplantation prepared by the world health organisation were also taken into consideration and after wide consultation, the administrative ministry | proposes to amend the said act, 4, the amendments proposed, inter alia, are as follows:— (i) presently the said act regulates transplantation of the human organs, it has been proposed that the said act also regulate the transplantation of tissues of the - human body therefore, it is proposed to amend the long title, short title of the act and also to-insert-appropriate definition of "tissues" in the definition clause and consequential amendments in other sections of the act; (ii) to expand the definition of "near: relative" in order to include the grandfather, grandmother, 'grandson and granddaughter as near relative; (iii) amendment of section 3 with a view to make mandatory for the intensive care unit or treating medical staff to request relatives of brain dead patients for organ  'donation and to provide for the enucleating of corneas by a trained technician further to enable a surgeon or a physician and an anaesthetist or intensivist to be included in the medical board in the event of non-availability ofa neurosurgeon or neurologist for certification of brain death; (iv) amendment of section 9 to regulate the transplantation of organs for foreign nationals, to prevent the exploitation of minors, to provide for, swap donationsof organs, to empower the central government to prescribe the composition of authorisation committees and to empower state governments and union territories to set up their own authorisation committees; : (v) insertion of a-new section 13a to constitute the advisory committees to advise the appropriate authorities; : (vi) insertion of a new section 13b to empower the appropriate authorities to summon persons, seek production of documents, issue search warrants, efc; 