Section 16 of The Transplantation of Human Organs and Tissues Act, 1994
- (1)The Appropriate Authority may, suo motu or on complaint, issue a notice to any 1[hospital or Tissue Bank, as the case may be,] to show cause why its registration under this Act should not be suspended or cancelled for the reasons mentioned in the notice.
- (2)If, after giving a reasonable opportunity of being heard to the 1[hospital or Tissue Bank, as the case may be,] the Appropriate Authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder, it may, without prejudice to any criminal action that it may take against such 1[hospital or Tissue Bank, as the case may be,] suspend its registration for such period as it may think fit or cancel its registration: Provided that where the Appropriate Authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any 2[hospital or Tissue Bank, as the case may be,] without issuing any notice.
Summary
- The Appropriate Authority can issue a notice to a hospital or Tissue Bank asking them to explain why their registration should not be suspended or cancelled.
- This notice can be triggered by a complaint or the Authority can do it on its own.
- The hospital or Tissue Bank must be given a reasonable opportunity to be heard before their registration is actually cancelled or suspended.
- Suspending or cancelling a registration does not stop the government from also taking criminal action against the facility.
- If it is necessary for the public interest, the Authority can suspend a registration immediately without giving any notice, but must record the reasons in writing.
Practical examples
FAQ
1. Does someone have to file a complaint for a facility to lose its registration?
No, the Appropriate Authority can act on its own without waiting for a complaint.
2. Can a hospital be criminally charged if its registration is cancelled?
Yes, cancelling a registration happens without prejudice to any criminal action that might also be taken.
3. Can a registration be suspended instantly without warning?
Yes, if it is necessary or expedient in the public interest, the Authority can suspend it without issuing a notice.
Test yourself
Q1.Under Section 16 of The Transplantation of Human Organs and Tissues Act, 1994, under what condition can the Appropriate Authority suspend a registration without issuing a show-cause notice?
Q2.Under Section 16 of The Transplantation of Human Organs and Tissues Act, 1994, what happens to criminal liabilities if a Tissue Bank's registration is suspended?
Q3.Under Section 16 of The Transplantation of Human Organs and Tissues Act, 1994, who initiates the process of suspension or cancellation?
Q4.Under Section 16 of The Transplantation of Human Organs and Tissues Act, 1994, what right does a hospital have before its registration is cancelled in a normal, non-emergency situation?