Section 17 of The Transplantation of Human Organs and Tissues Act, 1994
Any person aggrieved by an order of the Authorisation Committee rejecting an application for approval under sub-section (6) of section 9, or any hospital 1[or Tissue Bank, as the case may be,] aggrieved by an order of the Appropriate Authority rejecting an application for registration under sub-section (2) of section 15 or an order of suspension or cancellation of registration under sub-section (2) of section 16, may, within thirty days from the date of the receipt of the order, prefer an appeal, in such manner as may be prescribed, against such order to--
- (i)the Central Government where the appeal is against the order of the Authorisation Committee constituted under clause (a) of sub-section (4) of section 9 or against the order of the Appropriate Authority appointed under sub-section (1) of section 13; or
- (ii)the State Government, where the appeal is against the order of the Authorisation Committee constituted under clause (b) of sub-section (4) of section 9 or against the order of the Appropriate Authority appointed under sub-section (2) of section 13.
Summary
- Anyone unhappy with an order rejecting their approval for an organ transplant can file an appeal.
- Hospitals and Tissue Banks can also appeal if their registration application is rejected, suspended, or cancelled.
- The appeal must be filed within thirty days of receiving the negative order.
- If the order was made by a committee or authority appointed by the Central Government, the appeal goes to the Central Government.
- If the order was made by a committee or authority appointed by a State Government, the appeal goes to the State Government.
Practical examples
FAQ
1. How much time does a person have to file an appeal?
They have thirty days from the date they receive the official order.
2. Where does a hospital send its appeal if a state officer cancelled its registration?
The hospital must appeal to the State Government.
3. Can a donor appeal if they are stopped from donating to someone who is not a near relative?
Yes, if the Authorisation Committee rejects the transplant application, the aggrieved person can appeal the decision.
Test yourself
Q1.Under Section 17 of The Transplantation of Human Organs and Tissues Act, 1994, how many days does an aggrieved person have to prefer an appeal?
Q2.Under Section 17 of The Transplantation of Human Organs and Tissues Act, 1994, if an Appropriate Authority appointed by the State Government suspends a hospital's registration under Section 16, who receives the appeal?
Q3.Under Section 17 of The Transplantation of Human Organs and Tissues Act, 1994, which of the following rejections under Section 15 can a Tissue Bank appeal?
Q4.Under Section 17 of The Transplantation of Human Organs and Tissues Act, 1994, an appeal to the Central Government is appropriate when the disputed order was made by whom?
Q5.Under Section 17 of The Transplantation of Human Organs and Tissues Act, 1994, an order rejecting an application under Section 9 triggers the right to appeal. What does Section 9 deal with in this context?