Post News Network
Bhubaneswar, August 20: A statutory resolution on the Transplantation of Human Organs (Amendment) Act, 2011, enacted by Parliament, was passed by the state assembly Thursday for its implementation in the state by replacing the existing Human Organ Transplantation Act 1994.
The Human Organ Transplantation Act 1994 was enacted by Parliament and adopted by the state government. However, the Act was amended by Parliament again in 2011 after which the Transplantation of Human Organs (Amendment) Act, 2011 came into force.
Health minister Atanu Sabyasachi Nayak, while introducing the resolution, said, “Although the Act was amended by Parliament, it cannot be applied straightaway and come into force in the state unless it is adopted by a resolution passed in the state assembly under clause (1) of Article 252 of the Constitution.”
The amended Act will now create a transparent atmosphere in matters relating to transplantation of human organs. The amended Act of 2011 ensures stern punishment for unauthorised organ transplant in the state now onwards.
The prescribed penalty involving imprisonment for five years and a fine of `10,000, for officers who transplant organs or tissue without authority, will now be ten years and `20 lakh under the new amendment.
Likewise, from now onwards if a registered medical practitioner is convicted, his name shall be removed from the Medical Council for three years against the existing provision of two years.
In case of submission of false documents /affidavits regarding a near relative, the penalty of ‘two years and fine of not less than `10, 000’ has now been replaced by ‘five years, extendable to 10 years and fine which shall not be less than `20 lakh may be extended to `1crore.”
The minister said an advisory committee will be formed to help health-care institutions in following appropriate procedure in the process of organ transplantation.
Though the Opposition Congress and BJP criticised the government for bringing the resolution so late, they demanded harsher punishment for the culprits.
