The Transplantation of Human Organs Act, 1994 provides for regulation of removal, storage and transplantation of human organs for therapeutic purposes. The Act is applicable in all States/ Union Territories except Andhra Pradesh and Telangana which have their own Act for the same purposes. Further, the Government of India has enacted the Transplantation of Human Organs (Amendment) Act, 2011 and notified Transplantation of Human Organs and Tissues Rules, 2014. The aforesaid Acts and Rules provide for a uniform policy for organ donation in the country.
As on date, the Transplantation of Human Organs (Amendment) Act, 2011has been adopted by 16 States (Assam, Bihar, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Jharkhand, Kerala, Maharashtra, Manipur, Orissa, Punjab, Rajasthan, Sikkim, Uttar Pradesh, West Bengal) and all Union Territories. The implementation of the provisions of the aforesaid Act and Rules is within the remit of respective State/ Union Territory.
The Minister of State (Health and Family Welfare), Sh Ashwini Kumar Choubey stated this in a written reply in the Rajya Sabha here today.