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CHAPTER
VI
OFFENCES AND PENALTIES
18. (1)
Any person who renders his services to or at any hospital and
who, for purposes of transplantation, conducts, associates with, or
helps in any manner in the removal of any human organ without
authority, shall be punishable
with imprisonment for a term which may extend to 5 years and
with fine which may extend to ten thousand rupees.
(2)
Where any person convicted
under sub-section (1) is a registered medical
Practitioner, his name shall be reported by the
Appropriate Authority to the respective State Medical Council for taking necessary action including the
removal of his name from the register of the council for a period of
two years for the first offence and permanently for the subsequent
offence.
19. Whoever -(a)
makes or receives any payment for the supply of, or for an
offer to supply, . any
human organ;
(b)
seeks to find a person willing to supply for payment any human
organ;
(c)
offers to supply any human organ for payment;
(d)
initiates or negotiates any arrangement involving the making of
any payment for the
supply of, or for an offer to supply, any human
organ;
(e)
takes part in the management or control of a body of persons,
whether a society, firm or company, whose activities consist of or
include the initiation or negotiation of any arrangement referred in
clause (d); or
(f)
publishes or distributes or causes to be published or
distributed any advertisement, -
(a) inviting persons to supply for payment of any human organ;
(b) offering to supply any human organ for payment; or
(c)
indicating that the advertiser is willing to initiate or
negotiate any arrangement referred to in clause
(d), shall be punishable with imprisonment for a term
which shall not be less than two years but which may extend to seven
years and shall be liable to fine which shall not be less than ten
thousand rupees but may extend to twenty thousand rupees; Provided that the court may, for any adequate and special
reason to be mentioned in the judgement, impose a sentence of
imprisonment for a term of less than two years and a fine less than
ten thousand rupees.
20
Whoever
contravenes any provision of this Act or any rule made or any
condition of the registration granted, thereunder for which no
punishment is separately provided in this Act, shall be punishable
with imprisonment for a term which may extend to three years or with
fine which may extend to five thousand rupees.
21. (1).
Where any offence, punishable under this Act has been committed by a
company, every person who, at the time the offence was committed, was
in charge of, and was responsible to, the company for the conduct of
the business of the company, 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;
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment, if he proves that the
offence was committed without his knowledge of that he had exercised
all due diligence to prevent the commission of such offence.
(2). Not withstanding anything contained in sub-section (1), where any
offence punishable under this Act has been committed by a company and
it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation
- For the purposes of this section, -
(a)
�company� means any body corporate and includes a firm or
other association of individuals; and
(b)
�director�, in relation to a firm, means a partner in the
firm.
22.
(1)
No court shall take cognizance of an offence under this Act
except on a complaint made by �
(a) the
Appropriate Authority concerned, or any officer authorized in this
behalf by the Central
Government or the State Government, as the case may be, Appropriate
Authority; or
(b) a person who has given notice of not less than
sixty days, in such manner as may
be prescribed, to the Appropriate Authority concerned, of the
alleged offence and of his intention to make a complaint in the
court.
(2) No court other than that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any
offence punishable under this Act.
(3)Where a complaint has been made under clause (b)
of sub-section (1), the court may, on demand by such person, direct
the Appropriate Authority to make available copies of the relevant
records in its possession to such person.
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