Section 13B of The Transplantation of Human Organs and Tissues Act, 1994
1[13B. Powers of Appropriate Authority.--The Appropriate Authority shall for the purposes of this Act have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely:--
- (a)summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder;
- (b)discovery and production of any document or material object;
- (c)issuing search warrant for any place suspected to be indulging in unauthorised removal, procurement or transplantation of human organs or tissues or both; and
- (d)any other matter which may be prescribed.]
Summary
- The Appropriate Authority is given the same powers as a civil court under the Code of Civil Procedure, 1908.
- It can summon people who have information about someone breaking the law or the rules, and force them to attend.
- It has the power to demand the discovery and production of documents or material objects.
- It can issue search warrants for places it suspects are involved in the illegal removal, procurement, or transplantation of organs or tissues.
Practical examples
FAQ
1. Can the Appropriate Authority force a witness to talk?
Yes, it has the power of a civil court to summon any person who has information about a violation of the Act.
2. Does the authority need to go to the police to search a suspicious clinic?
No, the authority itself has the power to issue a search warrant for any place suspected of unauthorised organ or tissue activities.
3. What kind of legal rules guide these powers?
The authority's powers are based on the Code of Civil Procedure, 1908.
Test yourself
Q1.Under Section 13B of The Transplantation of Human Organs and Tissues Act, 1994, what established legal framework grants the Appropriate Authority its powers?
Q2.Under Section 13B of The Transplantation of Human Organs and Tissues Act, 1994, which of the following is a specific power granted to the Appropriate Authority regarding suspected illegal activities?
Q3.Under Section 13B of The Transplantation of Human Organs and Tissues Act, 1994, who can the Appropriate Authority summon?
Q4.Under Section 13B of The Transplantation of Human Organs and Tissues Act, 1994, what type of items can the Appropriate Authority force someone to reveal or hand over?