The Act provides that any hospital interested in engaging itself any activity relating to the removal, storage or transplantation of any human organ for therapeutic purposes after the commencement of this Act will have to make an application to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. The application is entertained only when such Centre, Laboratory or Clinic is position to provide such specialized services and facilities, possess Ouch skilled manpower and equipments and maintain such standards.
On and upon application and inquiry thereof, a certificate of registration in the Prescribed is issued by the Appropriate Authority. However, the applicant fails to comply with the requisites, the application can be rejected. The registration granted once can be renewed or can also be cancelled / suspended. The Act provides that any institution aggrieved by such order of cancellation / suspension can appeal to Central Government or State Government, as the case may be.
Offences and Penalties
Under the present Act, a court case can be instituted directly, only by the Appropriate Authority concerned. In case an individual has to file Court Complaint, he is required to give 30 days prior notice of the alleged offence and of his intention to make a complaint to the court. It is also clarified that only Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
In the event that the Offence has been committed by a company / firm, then every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company / firm, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
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