|
CHAPTER VII
MISCELLANEOUS
23.
(1)
No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or
intended to be done in pursuance of the provisions of this Act.
(2) No
suit or other legal proceedings shall lie against the Central
Government or the State Government for any damage caused or likely to
be caused for anything which is in good faith done or intended to be
done in pursuance of the provisions of this Act.
24. (1)
The Central Government may, by notification, make rules for
carrying out the purposes of this Act.
(2) In
particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely :-
(a) The manner in which and the conditions subject
to which any donor may authorise removal, before his death, of any
human organ of his body under sub �section (1) of section 3 :
(b) the
form and the manner in which a brain�stem death is to be Certified
and the conditions and requirements which are to be satisfied for that
purpose under sub-section (6) of section 3;
(c) the
form and the manner in which any of the parents may give
authority, in the case of brain-stem death of a minor, for the
removal of any human organ under sub-section (7) of section 3;
(d) the form in which authority for the removal of
any human organ from an unclaimed dead body may be given by the person
incharge of the management or control of the hospital or prison, under
sub-section (1) of section 5;
(e)
the steps to be taken for the preservation of the human organ
removed from the body of any person under section 7;
(f)
the form and the manner in which an application may be jointly
made by the donor
and
the recipient under sub-section (5) of section 9;
(g)
the manner in which all possible effects, complications and
hazards connected with the removal and transplantation is to be
explained by the registered medical practitioner to the donor and the recipient under
section (12);
(h)
the standards as are to be enforced by the Appropriate
Authority for hospitals engaged in the removal, storage or transplantation of any
human organ under clause
(iii) of sub section (3) of section 13;
(i)
the other measures as the Appropriate Authority shall undertake
in performing its functions
under clause (vi) of sub-section (3) of section 13,
(j)
the form and the manner in which an application for
registration shall be made and the fee which shall be accompanied,
under sub-section (2) of section 14;
(k) the
specialised services and
the facilities to be provided, skilled manpower and the equipments to
be possessed and the standards to be maintained by a hospital for
registration under sub-section (3) of section 14;
(l)
the form in which, the period for which and the conditions
subject to which certificate of registration is to be granted to a
hospital, under sub-section (1) of section 15;
(m) the
manner in which and the fee on payment of which certificate of
registration is to be renewed under sub-section (3)of section 15;
(n)
the manner in which an appeal maybe preferred under section 17;
(o) the
manner in which a person is required to give notice to the Appropriate
Authority of the alleged offence and of his intention to make a
complaint to the court, under clause (b) of sub-section (1) of section
22; and
(p) any
other matter which is required to be, or may be, prescribed.
(3) Every
rule made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses, agree in making any modification in the
rule or both Houses agree that the rule should not be made, the rules
shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
25. (1)
The Ear Drums and Ear Bones (Authority for Use for Therapeutic
Purposes) Act, 1982 and the Eyes (Authority for Use for Therapeutic
Purposes) Act, 1982 are hereby repealed.
(2) The repeal shall, however, not affect the previous operation of
the Acts so repealed or anything duly done or suffered thereunder.
|
