TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 2010

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THE TRANSPLANTATION OF HUMAN ORGANS AND 
TISSUES ACT, 2010 
(VI of 2010) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Donation of organ or tissue by a living person 
4. Donation of human organs or tissues after death 
5. Evaluation Committee 
6. Transplantation to be carried out by the team of transplant  surgeons 
and physicians, etc 
7. Effects etc., to the donor and the recipient 
8. Monitoring Authority 
9. Prohibition of removal or transplantation of human organs for any 
purpose other than therapeutic purpose 
10. Punishment for removal of human organ without authority 
11. Punishment for commercial dealings in human organ 
12. Punishment for contravention of any other provision of this Act 
13. Offences by companies 
14. Cognizance of offences 
15. Savings 
16. Protection of actions taken in good faith 
17. Power to make rules 
18. Removal of difficulties 
 
TEXT 
1
THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 
2010 
(VI of 2010) 
[18th March, 2010] 
An 
Act 
to provide for removal, storage and transplantation of human organs and tissues for 
therapeutic purposes 
WHEREAS it is expedient to provide for the regulation, removal, storage and  
transplantation of human organs and tissues for  therapeutic purposes  and for  
matters connected therewith or ancillary thereto; 
It is hereby enacted as follows:– 
1. Short title, extent and commencement.–  (1) This Act may be called the  
Transplantation of Human Organs and Tissues Act, 2010. 
(2) It extends to the whole of 
2
[the Punjab].  
(3) It shall come into force at once. 
2. Definitions.– In this Act, unless there is anything repugnant in the subject or 
context,– 
(a) "brain dead" means irreversible loss of brain and brain stem functions 
simultaneously; 
(b) "death” means an irreversible cessatio n of the entire function of brain 
stem;  
(c) ''donor”, means a person who donates any part of his body, organ , 
tissue or cell; 
(d) "Evaluation Committee" means a committee appointed under section 5; 
3
[(dd) “Government” means Government of the Punjab;] 
(e) "human organ" means any part of a human body, organ or tissue;  
                                                 
1This Act of Parliament received the assent of the President on 17 Mar ch 2010 and  published in the Gazette of Pakistan  
(Extraordinary), dated 18 March 2010, pages 89-96. This Act was originally in the Federal ambit, however, the subject on which 
this law was enacted, devolved to the provinces by virtue of 18th  Amendment in t he Constitution, hence it was adopted, with 
amendments, for the province of the Punjab by the Punjab  Transplantation of Human Organs and Tissues (Amendment) 
Act 2012 (LVII of 2012) w.e.f. 1st November 2012. 
2Substituted for the word “Pakistan” by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 (LVII 
of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.3: it came into force 
w.e.f.1 November 2012. 
3Inserted by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 (LVII of 2012), published in the 
Punjab Gazette (Extraordinary), dated: 14 November 2012, pp. 1573-1574, s.4: it came into force w.e.f.1 November 2012. 
(f) ''Monitoring Authority” means an authority constituted under section 8 
to monitor the process of transplantation of  human organs or tissues 
and matters relating thereto; 
(g) "payment" mea ns payment in money or money's worth but does not 
include any payment for defraying or reimbursing,– 
(i) the cost of removing, transporting or preserving the human 
organ to be supplied; or  
(ii) any expenses or loss of ear nings incurred by a person so far  as 
reasonably and directly attributable to his supplying any organ 
from his body.  
(h) "prescribed" means prescribed by rules made under this Act;  
(i) "recognized institution" means a medical institution or hospital for 
practice of operative surgery in tr ansplantation of human organs or 
tissues to be recognized by the Monitoring Authority;  
(j) "recognized transplant surgeon or physician" means Surgeons or 
Physicians possessing appropriate qualifications, experience, and 
trained in the relevant field, to i nvestigate, examine and carry out 
transplantation surgery of human organs or tissues; and  
(k) "transplantation" means the  grafting of a ny human organ or tissue of 
any living or deceased person to some other living person for 
therapeutic purposes.  
3. Donation of organ or tissue by a living person .– (1) Notwithstanding 
anything contained in any other law for the time being in force, a living donor who is 
not less than eighteen years of  age, may during his lifetime voluntarily donate any 
organ or tissue of his body to an y other living person genetically and legally related, 
who is a close blood relative and the donation of organ or  part or tissue by such 
person for therapeutic purpose shall be regulated in the manner as may be 
prescribed. In the case of regenerative tissue, i.e. stem cells, there is no restriction of 
age between siblings.  
Explanation.– For the purpose of this section, the expression "close blood relative" 
means parent, son, daughter, sister, brother and includes spouse:  
 Provided that trans plantation sha ll be voluntary, genuinely motiv ated and 
without any duress or coercion.  
(2) In case of non -availability of a donor  as explained under sub -section 
(1), the Evaluation Co mmittee may allow donation by a  non-close blood relative , 
after satisfying itself that such donation is voluntary.  
4. Donation of human organs or tissues after death .– (1) Any person who is 
not less than eighteen years of age may before his death, in writing duly signed and 
verified by the respective Evaluation Committee, don ate any of his organ or tissue 
for transplantation and for this purpose may authorize any medical institution or 
hospital duly  recognized by the Monitoring Authority. The cases of unclaimed brain 
dead hospitalized patients shall be presented to an Evaluat ion Committee for 
transplantation after an intense search for their relatives within twenty-four hours.  
(2) On the death o f a donor referred to in sub -section ( 1), any close 
relative of the deceased shall inform  the Evaluation Committee about the deceased  
and cause the removal of the human organ or tissue in accordance with the 
authorization.  
(3) A donation under this section may be executed in such form and 
manner as may be prescribed and may be revoked at any time during the lifetime of 
the donor in the presence of two witnesses.  
5. Evaluation Committee.– (1) As soon as may be af ter the commencement of 
this Act the 
4
[Government] may, by notification in the official Gazette, appoint as 
many Evaluation Committees as may be necessary which shall consist of  a surgical 
specialist, a medical specialist, a trans plant specialist, a nephrologist, and a 
neurophysician and an inten sivist where available and two local notables having a 
good record of social service. The Evaluation Committee shall be established for 
every  medical institution and  hospital where at least twenty -five transplants are 
being carried out annually.  
(2) The Evaluation Committee shall–  
(a) ensure that no organ or tissue is retrieved from non-related living 
donors without  the prior approval of the Evaluation Committee;  
(b) determine brain death of a person;  
(c) determine propriety of removal of a human organ from  any living 
person using brain death protocol to be formulated; and  
(d) determine fitness or otherwise for transplantation of a h uman organ 
into any other body.  
6. Transplantation to be carried out by the team of transplant  surgeons 
and physicians, etc .– (1) The transplantation of human organ or tissue or removal 
of any part of human organ for the purpose of transplantation shall o nly be carried 
out by the recognized professionals who shall, before the removal of any human 
organ from the body of the deceased, ensure that written certification has been 
obtained from the Evaluation Committee that death has occurred.  
(2) For the purpo se of sub -section (1) a person shall be deemed to be 
medically and legally dead at the time when in the opinion of the Evaluation 
Committee, based upon acceptable standard of medical practice, there is– 
(a) an absence of natural respiratory and cardiac fun ctions and attempt at 
resuscitation are not successful in restoring those functions; or  
(b) an irreversible and perman ent cessation of all brain stem functions and 
future attempt of resuscitation or continued supportive maintenance 
would not be successful in restoring such natural functions.  
(3) On the commencement of this  Act the 
5
[Government] shall on the 
                                                 
4Substituted for the words “Federal Government”  by the Punjab Transplantation of Human Organs and Tissues (Amendment) 
Act 2012 (LVII of 2012), published in the Punjab Gazette (Extraordinary), dated: 14 November 2012, pp. 1573 -1574, s.2: it 
came into force w.e.f.1 November 2012. 
5Substituted for the words “F ederal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
recommendation of the Monitoring Authority, by notification in the official Gazette , 
publish the list of medical institutions and hospitals as recognized medical institutions 
and hospitals for practice of  operative surgery in transplantation of human organs 
and tissues. The 
6
[Government] may revise the list from time to time.  
(4) No hospital or medical institution shall carry out  transplantation of 
human organs and tissues unless it is recognized as provided in sub-section (3).  
7. Effects etc., to the donor and the recipient.– (1) No transplantation of a 
human organ and tissue from a donor other than defined in sub-section (1) of section 
3 shall be carr ied out without  prior permission of the appropriate Evaluation 
Committee and only at such medical institutions and hospitals whi ch have been 
notified under sub -section (3) of section 6 , provided that such donation by  Pakistani 
citizens shall not be permissible to citizens of other countries.  
(2) No human organ or tissue shall be removed from the bod y of a living 
person except fo r the purposes of section 3 and no transplantation team of a 
recognized med ical institution or hospital shall undertake th e remova l or 
transplantation of any human organ or tissue from a living donor unless they have 
explained the effects, complications and hazards connected with the removal of 
organ or tissue for transplantation to the donor and its outcome in the recipient 
respectively in such manner as may be prescribed.  
8. Monitoring Authority.– 
7
[(1) The  Government shall, by notification in the  
official Gazette, constitute a Monitoring Authority consisting of the following:– 
(i) Minister for Health or a nominee of the Chief 
Minister; 
Chairperson 
(ii) Secretary to the Government, 
 Health Department; 
Member/Secretary 
(iii) Secretary to the Government, 
 Home Department or his representative not below 
the rank of Additional Secretary; 
Member 
(iv) President, Transplantation Society of Pakistan or 
his nominee; 
Member 
(v) Executive Director, Pakistan Medical Research 
Council or his nominee; 
Member 
(vi) President, Ophthalmologic Society of Pakistan or 
his nominee; 
Member 
(vii) President Pakistan Medical Association of Pakistan 
or his nominee; 
Member 
(viii) President, Pakistan Society of Gastroenterology or 
his nominee; 
Member 
                                                 
6Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
7Substituted by the Punjab Transplantation of Human Organs and  Tissues (Amendment) Act 2012 (LVII of 2012), published in 
the Punjab Gazette (Extraordinary), dated: 14 November 2012, pp. 1573-1574, s.5: it came into force w.e.f.1 November 2012. 
(ix) Surgical Transplant Specialist nominated by the 
Government; and 
Member 
(x) Chairperson of the Punjab Health Care Commission 
or a nominee of the Health Care Commission; 
Member 
(xi) any other outstanding Medical Specialist nominated 
by the Government. 
Member] 
(2) The Authority so constituted shall– 
(a) monitor transplantation and enforce prescribed standards for 
recognized medical institutions and hospitals; 
(b) investigate and hold inquiry into the allegation s of breach of an y 
provision of this Act; 
(c) inspect recognized medical institutions and hospitals for examination of 
quality of transplantation, follow up medical care of donor and recipient 
and any other matter  ancillary thereto and al so periodically in spect 
institutions wishing to be recognized; 
(d) cause establishment of a National Registry and national and re gional 
networks for evaluating quality and outco me of transplant centers and 
cause enhancement and promotion of transplantation; and 
(e) due to s hortage of available human organs for transplantation to meet 
lifesaving patient needs; the Monitoring Authority will explore and 
support the international collaboration of xenotransplantation in future, 
after considering all ethical  and safety risks and a lso continue to 
examine and collect global data on the practices, safety, quality, 
efficacy and epidemiology  of s tem cell as well as non -human organ 
transplantation.  
(3) The Monitoring Authority shall appoint an Ad ministrator, preferably 
from the medical profession, in consultation with the 
8
[Government] and also appoint 
such other officers as may be required, on terms and conditions, to be determined by 
it, to carry out the day -to-day business of the Authority, for which the 
9
[Government] 
shall provide if reasonable annual grant.  
(4) The 
10
[Government] in consultation with the Monitoring Authority shall 
establish a fund consisting of grants by the Federal and Provincial Governments and 
contributions by NGOs, phila nthropists and other individuals fo r the tr ansplantation 
or indigent patients including post transplant care and medicines.  
(5) The pool of voluntary donors and registry of potential recipients shall 
be established and regulated as may be prescribed.  
                                                 
8Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
9Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
10Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
9. Prohibition of  removal or transplantation o f h uman organs for any 
purpose other than therapeutic purpose.– No donor and no person empowered to 
give authority for removal of any human organ shall authorize the removal of any 
human organ for any purpose other than the therapeutic purposes.  
10. Punishment for removal of human organ without authority.–  (1) Whoever 
renders his services to or at any medical institution or hospital and who for the 
purposes of transplantation, conducts, associates with or helps in any manner , in the 
removal of any human  organ without authority, shall be punished with imprisonment 
for a term which may extend to ten  years and with fine which may extend to one 
million rupees.  
(2) Where any perso n convicted under sub -section (1 ) is a registered 
medical practitioner his name  shall also he reported to the  Pakistan Medical and 
Dental Council for appropriate action including removal of his name fro m the register 
of Council for a period of three years for t he first offence and permanently for 
subsequent offence.  
11. Punishment for commercial dealings in human organ.– Whoever– 
(a) makes or receive s any payment for the supply of, or fo r an o ffer to 
supply, any human organ; 
(b) seeks to find a person willing to supply for payment of  any human 
organ;  
(c) offers to supply any human organ for payment; or 
(d) initiates or negotiates any arrangement involving the making of any 
payment for the supply of, or for an offer to supply any human organ,–  
(i) takes part in the management or control of a body of persons, 
whether a society, firm,  or company, whose activities consist of  
or include the initiation or negotiation of any arrangement 
referred to in clause (d); or  
(ii) publishes or distributes or causes to  be published or distributed 
any advertisement,– 
(a)  inviting person s to supply f or payment of any human  
organ; 
(b)  offering to supply any human organ for payment; or 
(c) indicating that the advertiser is willing to initiate or 
negotiate any arrangement referred to in clause (d),  
shall be punished with imprisonment for a term which may extend to ten years 
and with fine which may extend to one million rupees.  
12. Punishment for contravention of any other provision of thi s Act .– 
Whoever contravenes any provision of this Act or any rule made, or any condition of 
the registration granted, thereunder for which no punishment is separately provided 
in this Act, shall be punished with imprisonment for a term which may extend to three 
years or with fine which may extend to three hundred thousand rupees or with both.  
13. Offences by companies.– Where any offence, punishable under this Act has 
been committed by a company, its Chief Executive or Director or any other person 
who, at the time the offence was committed was incharge of, and was responsible to, 
the company for the conduct of business of the company, as well as t he company, 
shall be deemed to b e guilty of  the offence  and shall be liable to b e proceeded 
against and punished accordingly:  
Provided that a company shall be liable to pay fine only:  
Provided further that nothing contained in  this section shall render any such 
person liable to any punishment, if he proves that the offence was committed without 
his knowledge or that he had exercised all due diligence to prevent the commission 
of such offence.  
Explanation.– For the purposes of this section,– 
(a) "company" means any body corporate and includes a firm or ot her 
association of individuals; and  
(b) "director", in relation to a firm, means   a partner in the firm.  
14. Cognizance of offences .– (1) No Court inf erior to that of the Mag istrate of 
First Class empowered under section 30 of the Code of Criminal Procedure,1 898 
(Act V of 1898) shall try an offence punishable under this Act. 
(2) No court shall take cognizance of an offence under this Act except on a 
complaint in writing made by,– 
(a) the Monitoring Authority or its Secretary; or  
(b) an aggrieved person who has given notice of not less than fifteen days, 
in such manner as may be prescribed, to the Monitoring Authority, of 
the alleged offence and of his intention to lodge a complaint.  
(3) Notwithstanding anything in section  32  of the Code of Criminal 
Procedure, 1898 (Act V of 1898) it shall be lawful for a Magistrate referred to in sub-
section(1) to pass an y sentence authorized by this Act even if such sentence 
exceeds his powers under the said section. 
(4) Notwithstanding anything in the Code of Criminal Procedure, 1898 (Act 
V of 1898) the offences punishable under this Act shall be non-bailable. 
15. Savings.– Neither the grant of any facilities of any aut hority for removal of  
any human organ from the body of the donor deceased or alive in accordance with 
the provisions of this Act or removal of any human organ or tissue from the body of a 
deceased person with due care in pur suance of such authority shall be deemed to 
be an off ence punishable under s ection 297of the Pakistan Penal Code (XLV of 
1860).  
16. Protection of actions taken in good faith .– (1) No suit, prosecution or other 
legal proceedings shall lie against any person for anything which is done in good 
faith or intended to be done in pursuance of the provisions of this Act or rules made 
there under. 
(2) No suit or other legal proceedings shall lie against the 
11
[Government] 
                                                 
11Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the Punjab Gazette (Extrao rdinary), dated: 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
for any damage caused or likely to be caused for anything which is done with due 
care in good faith or intended to be done in pursuance of the provisions of this Act.  
17. Power to make rules.– The 
12
[Government] may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Act.  
18. Removal of diffi culties.– If any diff iculty arises in giving effect to any 
provision of this  Act, the 
13
[Government] may make such order as 
14
[it] considers 
necessary or expedient for the purpose of removing the difficulty.  
                                                 
12Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and  Tissues (Amendment) 
Act 2012 ( LVII of 2012), published in the  Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it 
came into force w.e.f.1 November 2012. 
13Substituted for the word “President”  by the Punjab Transplantation of Human Organs and  Tissues (Amendment) Act 2012 
(LVII of 2012), pub lished in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.6: it came into 
force w.e.f.1 November 2012. 
14Substituted for the word “he”  by the Punjab Transplantation of Human Organs and  Tissues (Amendment) Act 2012 ( LVII of 
2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.6: it came into force 
w.e.f.1 November 2012.