{ "schema_version": "qanun-law-text/1", "id": "punjab-code-b0b613cdeec53ddc", "title": "TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 2010", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGVSZgYzU2M-", "version": null, "source_snapshot": "2026-08-06T17:03:55Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "0b98d04b17c034b280be900796fa4fd27d6e5cca7adf5cd2f25f07f1ce07bdee", "source_sha256": "0b98d04b17c034b280be900796fa4fd27d6e5cca7adf5cd2f25f07f1ce07bdee", "text_version_id": "law:punjab-code-b0b613cdeec53ddc:sha256:0b98d04b17c034b280be900796fa4fd27d6e5cca7adf5cd2f25f07f1ce07bdee", "quality_flags": [], "encoding": "UTF-8", "text": "THE TRANSPLANTATION OF HUMAN ORGANS AND \r\nTISSUES ACT, 2010 \r\n(VI of 2010) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Donation of organ or tissue by a living person \r\n4. Donation of human organs or tissues after death \r\n5. Evaluation Committee \r\n6. Transplantation to be carried out by the team of transplant surgeons \r\nand physicians, etc \r\n7. Effects etc., to the donor and the recipient \r\n8. Monitoring Authority \r\n9. Prohibition of removal or transplantation of human organs for any \r\npurpose other than therapeutic purpose \r\n10. Punishment for removal of human organ without authority \r\n11. Punishment for commercial dealings in human organ \r\n12. Punishment for contravention of any other provision of this Act \r\n13. Offences by companies \r\n14. Cognizance of offences \r\n15. Savings \r\n16. Protection of actions taken in good faith \r\n17. Power to make rules \r\n18. Removal of difficulties \r\n \r\nTEXT \r\n1\r\nTHE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, \r\n2010 \r\n(VI of 2010) \r\n[18th March, 2010] \r\nAn \r\nAct \r\nto provide for removal, storage and transplantation of human organs and tissues for \r\ntherapeutic purposes \r\nWHEREAS it is expedient to provide for the regulation, removal, storage and \r\ntransplantation of human organs and tissues for therapeutic purposes and for \r\nmatters connected therewith or ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\nTransplantation of Human Organs and Tissues Act, 2010. \r\n(2) It extends to the whole of \r\n2\r\n[the Punjab]. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) \"brain dead\" means irreversible loss of brain and brain stem functions \r\nsimultaneously; \r\n(b) \"death” means an irreversible cessatio n of the entire function of brain \r\nstem; \r\n(c) ''donor”, means a person who donates any part of his body, organ , \r\ntissue or cell; \r\n(d) \"Evaluation Committee\" means a committee appointed under section 5; \r\n3\r\n[(dd) “Government” means Government of the Punjab;] \r\n(e) \"human organ\" means any part of a human body, organ or tissue; \r\n \r\n1This Act of Parliament received the assent of the President on 17 Mar ch 2010 and published in the Gazette of Pakistan \r\n(Extraordinary), dated 18 March 2010, pages 89-96. This Act was originally in the Federal ambit, however, the subject on which \r\nthis law was enacted, devolved to the provinces by virtue of 18th Amendment in t he Constitution, hence it was adopted, with \r\namendments, for the province of the Punjab by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 (LVII of 2012) w.e.f. 1st November 2012. \r\n2Substituted for the word “Pakistan” by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 (LVII \r\nof 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.3: it came into force \r\nw.e.f.1 November 2012. \r\n3Inserted by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 (LVII of 2012), published in the \r\nPunjab Gazette (Extraordinary), dated: 14 November 2012, pp. 1573-1574, s.4: it came into force w.e.f.1 November 2012. \r\n(f) ''Monitoring Authority” means an authority constituted under section 8 \r\nto monitor the process of transplantation of human organs or tissues \r\nand matters relating thereto; \r\n(g) \"payment\" mea ns payment in money or money's worth but does not \r\ninclude any payment for defraying or reimbursing,– \r\n(i) the cost of removing, transporting or preserving the human \r\norgan to be supplied; or \r\n(ii) any expenses or loss of ear nings incurred by a person so far as \r\nreasonably and directly attributable to his supplying any organ \r\nfrom his body. \r\n(h) \"prescribed\" means prescribed by rules made under this Act; \r\n(i) \"recognized institution\" means a medical institution or hospital for \r\npractice of operative surgery in tr ansplantation of human organs or \r\ntissues to be recognized by the Monitoring Authority; \r\n(j) \"recognized transplant surgeon or physician\" means Surgeons or \r\nPhysicians possessing appropriate qualifications, experience, and \r\ntrained in the relevant field, to i nvestigate, examine and carry out \r\ntransplantation surgery of human organs or tissues; and \r\n(k) \"transplantation\" means the grafting of a ny human organ or tissue of \r\nany living or deceased person to some other living person for \r\ntherapeutic purposes. \r\n3. Donation of organ or tissue by a living person .– (1) Notwithstanding \r\nanything contained in any other law for the time being in force, a living donor who is \r\nnot less than eighteen years of age, may during his lifetime voluntarily donate any \r\norgan or tissue of his body to an y other living person genetically and legally related, \r\nwho is a close blood relative and the donation of organ or part or tissue by such \r\nperson for therapeutic purpose shall be regulated in the manner as may be \r\nprescribed. In the case of regenerative tissue, i.e. stem cells, there is no restriction of \r\nage between siblings. \r\nExplanation.– For the purpose of this section, the expression \"close blood relative\" \r\nmeans parent, son, daughter, sister, brother and includes spouse: \r\n Provided that trans plantation sha ll be voluntary, genuinely motiv ated and \r\nwithout any duress or coercion. \r\n(2) In case of non -availability of a donor as explained under sub -section \r\n(1), the Evaluation Co mmittee may allow donation by a non-close blood relative , \r\nafter satisfying itself that such donation is voluntary. \r\n4. Donation of human organs or tissues after death .– (1) Any person who is \r\nnot less than eighteen years of age may before his death, in writing duly signed and \r\nverified by the respective Evaluation Committee, don ate any of his organ or tissue \r\nfor transplantation and for this purpose may authorize any medical institution or \r\nhospital duly recognized by the Monitoring Authority. The cases of unclaimed brain \r\ndead hospitalized patients shall be presented to an Evaluat ion Committee for \r\ntransplantation after an intense search for their relatives within twenty-four hours. \r\n(2) On the death o f a donor referred to in sub -section ( 1), any close \r\nrelative of the deceased shall inform the Evaluation Committee about the deceased \r\nand cause the removal of the human organ or tissue in accordance with the \r\nauthorization. \r\n(3) A donation under this section may be executed in such form and \r\nmanner as may be prescribed and may be revoked at any time during the lifetime of \r\nthe donor in the presence of two witnesses. \r\n5. Evaluation Committee.– (1) As soon as may be af ter the commencement of \r\nthis Act the \r\n4\r\n[Government] may, by notification in the official Gazette, appoint as \r\nmany Evaluation Committees as may be necessary which shall consist of a surgical \r\nspecialist, a medical specialist, a trans plant specialist, a nephrologist, and a \r\nneurophysician and an inten sivist where available and two local notables having a \r\ngood record of social service. The Evaluation Committee shall be established for \r\nevery medical institution and hospital where at least twenty -five transplants are \r\nbeing carried out annually. \r\n(2) The Evaluation Committee shall– \r\n(a) ensure that no organ or tissue is retrieved from non-related living \r\ndonors without the prior approval of the Evaluation Committee; \r\n(b) determine brain death of a person; \r\n(c) determine propriety of removal of a human organ from any living \r\nperson using brain death protocol to be formulated; and \r\n(d) determine fitness or otherwise for transplantation of a h uman organ \r\ninto any other body. \r\n6. Transplantation to be carried out by the team of transplant surgeons \r\nand physicians, etc .– (1) The transplantation of human organ or tissue or removal \r\nof any part of human organ for the purpose of transplantation shall o nly be carried \r\nout by the recognized professionals who shall, before the removal of any human \r\norgan from the body of the deceased, ensure that written certification has been \r\nobtained from the Evaluation Committee that death has occurred. \r\n(2) For the purpo se of sub -section (1) a person shall be deemed to be \r\nmedically and legally dead at the time when in the opinion of the Evaluation \r\nCommittee, based upon acceptable standard of medical practice, there is– \r\n(a) an absence of natural respiratory and cardiac fun ctions and attempt at \r\nresuscitation are not successful in restoring those functions; or \r\n(b) an irreversible and perman ent cessation of all brain stem functions and \r\nfuture attempt of resuscitation or continued supportive maintenance \r\nwould not be successful in restoring such natural functions. \r\n(3) On the commencement of this Act the \r\n5\r\n[Government] shall on the \r\n \r\n4Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 (LVII of 2012), published in the Punjab Gazette (Extraordinary), dated: 14 November 2012, pp. 1573 -1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\n5Substituted for the words “F ederal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\nrecommendation of the Monitoring Authority, by notification in the official Gazette , \r\npublish the list of medical institutions and hospitals as recognized medical institutions \r\nand hospitals for practice of operative surgery in transplantation of human organs \r\nand tissues. The \r\n6\r\n[Government] may revise the list from time to time. \r\n(4) No hospital or medical institution shall carry out transplantation of \r\nhuman organs and tissues unless it is recognized as provided in sub-section (3). \r\n7. Effects etc., to the donor and the recipient.– (1) No transplantation of a \r\nhuman organ and tissue from a donor other than defined in sub-section (1) of section \r\n3 shall be carr ied out without prior permission of the appropriate Evaluation \r\nCommittee and only at such medical institutions and hospitals whi ch have been \r\nnotified under sub -section (3) of section 6 , provided that such donation by Pakistani \r\ncitizens shall not be permissible to citizens of other countries. \r\n(2) No human organ or tissue shall be removed from the bod y of a living \r\nperson except fo r the purposes of section 3 and no transplantation team of a \r\nrecognized med ical institution or hospital shall undertake th e remova l or \r\ntransplantation of any human organ or tissue from a living donor unless they have \r\nexplained the effects, complications and hazards connected with the removal of \r\norgan or tissue for transplantation to the donor and its outcome in the recipient \r\nrespectively in such manner as may be prescribed. \r\n8. Monitoring Authority.– \r\n7\r\n[(1) The Government shall, by notification in the \r\nofficial Gazette, constitute a Monitoring Authority consisting of the following:– \r\n(i) Minister for Health or a nominee of the Chief \r\nMinister; \r\nChairperson \r\n(ii) Secretary to the Government, \r\n Health Department; \r\nMember/Secretary \r\n(iii) Secretary to the Government, \r\n Home Department or his representative not below \r\nthe rank of Additional Secretary; \r\nMember \r\n(iv) President, Transplantation Society of Pakistan or \r\nhis nominee; \r\nMember \r\n(v) Executive Director, Pakistan Medical Research \r\nCouncil or his nominee; \r\nMember \r\n(vi) President, Ophthalmologic Society of Pakistan or \r\nhis nominee; \r\nMember \r\n(vii) President Pakistan Medical Association of Pakistan \r\nor his nominee; \r\nMember \r\n(viii) President, Pakistan Society of Gastroenterology or \r\nhis nominee; \r\nMember \r\n \r\n6Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\n7Substituted by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 (LVII of 2012), published in \r\nthe Punjab Gazette (Extraordinary), dated: 14 November 2012, pp. 1573-1574, s.5: it came into force w.e.f.1 November 2012. \r\n(ix) Surgical Transplant Specialist nominated by the \r\nGovernment; and \r\nMember \r\n(x) Chairperson of the Punjab Health Care Commission \r\nor a nominee of the Health Care Commission; \r\nMember \r\n(xi) any other outstanding Medical Specialist nominated \r\nby the Government. \r\nMember] \r\n(2) The Authority so constituted shall– \r\n(a) monitor transplantation and enforce prescribed standards for \r\nrecognized medical institutions and hospitals; \r\n(b) investigate and hold inquiry into the allegation s of breach of an y \r\nprovision of this Act; \r\n(c) inspect recognized medical institutions and hospitals for examination of \r\nquality of transplantation, follow up medical care of donor and recipient \r\nand any other matter ancillary thereto and al so periodically in spect \r\ninstitutions wishing to be recognized; \r\n(d) cause establishment of a National Registry and national and re gional \r\nnetworks for evaluating quality and outco me of transplant centers and \r\ncause enhancement and promotion of transplantation; and \r\n(e) due to s hortage of available human organs for transplantation to meet \r\nlifesaving patient needs; the Monitoring Authority will explore and \r\nsupport the international collaboration of xenotransplantation in future, \r\nafter considering all ethical and safety risks and a lso continue to \r\nexamine and collect global data on the practices, safety, quality, \r\nefficacy and epidemiology of s tem cell as well as non -human organ \r\ntransplantation. \r\n(3) The Monitoring Authority shall appoint an Ad ministrator, preferably \r\nfrom the medical profession, in consultation with the \r\n8\r\n[Government] and also appoint \r\nsuch other officers as may be required, on terms and conditions, to be determined by \r\nit, to carry out the day -to-day business of the Authority, for which the \r\n9\r\n[Government] \r\nshall provide if reasonable annual grant. \r\n(4) The \r\n10\r\n[Government] in consultation with the Monitoring Authority shall \r\nestablish a fund consisting of grants by the Federal and Provincial Governments and \r\ncontributions by NGOs, phila nthropists and other individuals fo r the tr ansplantation \r\nor indigent patients including post transplant care and medicines. \r\n(5) The pool of voluntary donors and registry of potential recipients shall \r\nbe established and regulated as may be prescribed. \r\n \r\n8Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\n9Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\n10Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\n9. Prohibition of removal or transplantation o f h uman organs for any \r\npurpose other than therapeutic purpose.– No donor and no person empowered to \r\ngive authority for removal of any human organ shall authorize the removal of any \r\nhuman organ for any purpose other than the therapeutic purposes. \r\n10. Punishment for removal of human organ without authority.– (1) Whoever \r\nrenders his services to or at any medical institution or hospital and who for the \r\npurposes of transplantation, conducts, associates with or helps in any manner , in the \r\nremoval of any human organ without authority, shall be punished with imprisonment \r\nfor a term which may extend to ten years and with fine which may extend to one \r\nmillion rupees. \r\n(2) Where any perso n convicted under sub -section (1 ) is a registered \r\nmedical practitioner his name shall also he reported to the Pakistan Medical and \r\nDental Council for appropriate action including removal of his name fro m the register \r\nof Council for a period of three years for t he first offence and permanently for \r\nsubsequent offence. \r\n11. Punishment for commercial dealings in human organ.– Whoever– \r\n(a) makes or receive s any payment for the supply of, or fo r an o ffer to \r\nsupply, any human organ; \r\n(b) seeks to find a person willing to supply for payment of any human \r\norgan; \r\n(c) offers to supply any human organ for payment; or \r\n(d) initiates or negotiates any arrangement involving the making of any \r\npayment for the supply of, or for an offer to supply any human organ,– \r\n(i) takes part in the management or control of a body of persons, \r\nwhether a society, firm, or company, whose activities consist of \r\nor include the initiation or negotiation of any arrangement \r\nreferred to in clause (d); or \r\n(ii) publishes or distributes or causes to be published or distributed \r\nany advertisement,– \r\n(a) inviting person s to supply f or payment of any human \r\norgan; \r\n(b) offering to supply any human organ for payment; or \r\n(c) indicating that the advertiser is willing to initiate or \r\nnegotiate any arrangement referred to in clause (d), \r\nshall be punished with imprisonment for a term which may extend to ten years \r\nand with fine which may extend to one million rupees. \r\n12. Punishment for contravention of any other provision of thi s Act .– \r\nWhoever contravenes any provision of this Act or any rule made, or any condition of \r\nthe registration granted, thereunder for which no punishment is separately provided \r\nin this Act, shall be punished with imprisonment for a term which may extend to three \r\nyears or with fine which may extend to three hundred thousand rupees or with both. \r\n13. Offences by companies.– Where any offence, punishable under this Act has \r\nbeen committed by a company, its Chief Executive or Director or any other person \r\nwho, at the time the offence was committed was incharge of, and was responsible to, \r\nthe company for the conduct of business of the company, as well as t he company, \r\nshall be deemed to b e guilty of the offence and shall be liable to b e proceeded \r\nagainst and punished accordingly: \r\nProvided that a company shall be liable to pay fine only: \r\nProvided further that nothing contained in this section shall render any such \r\nperson liable to any punishment, if he proves that the offence was committed without \r\nhis knowledge or that he had exercised all due diligence to prevent the commission \r\nof such offence. \r\nExplanation.– For the purposes of this section,– \r\n(a) \"company\" means any body corporate and includes a firm or ot her \r\nassociation of individuals; and \r\n(b) \"director\", in relation to a firm, means a partner in the firm. \r\n14. Cognizance of offences .– (1) No Court inf erior to that of the Mag istrate of \r\nFirst Class empowered under section 30 of the Code of Criminal Procedure,1 898 \r\n(Act V of 1898) shall try an offence punishable under this Act. \r\n(2) No court shall take cognizance of an offence under this Act except on a \r\ncomplaint in writing made by,– \r\n(a) the Monitoring Authority or its Secretary; or \r\n(b) an aggrieved person who has given notice of not less than fifteen days, \r\nin such manner as may be prescribed, to the Monitoring Authority, of \r\nthe alleged offence and of his intention to lodge a complaint. \r\n(3) Notwithstanding anything in section 32 of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898) it shall be lawful for a Magistrate referred to in sub-\r\nsection(1) to pass an y sentence authorized by this Act even if such sentence \r\nexceeds his powers under the said section. \r\n(4) Notwithstanding anything in the Code of Criminal Procedure, 1898 (Act \r\nV of 1898) the offences punishable under this Act shall be non-bailable. \r\n15. Savings.– Neither the grant of any facilities of any aut hority for removal of \r\nany human organ from the body of the donor deceased or alive in accordance with \r\nthe provisions of this Act or removal of any human organ or tissue from the body of a \r\ndeceased person with due care in pur suance of such authority shall be deemed to \r\nbe an off ence punishable under s ection 297of the Pakistan Penal Code (XLV of \r\n1860). \r\n16. Protection of actions taken in good faith .– (1) No suit, prosecution or other \r\nlegal proceedings shall lie against any person for anything which is done in good \r\nfaith or intended to be done in pursuance of the provisions of this Act or rules made \r\nthere under. \r\n(2) No suit or other legal proceedings shall lie against the \r\n11\r\n[Government] \r\n \r\n11Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extrao rdinary), dated: 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\nfor any damage caused or likely to be caused for anything which is done with due \r\ncare in good faith or intended to be done in pursuance of the provisions of this Act. \r\n17. Power to make rules.– The \r\n12\r\n[Government] may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n18. Removal of diffi culties.– If any diff iculty arises in giving effect to any \r\nprovision of this Act, the \r\n13\r\n[Government] may make such order as \r\n14\r\n[it] considers \r\nnecessary or expedient for the purpose of removing the difficulty. \r\n \r\n12Substituted for the words “Federal Government” by the Punjab Transplantation of Human Organs and Tissues (Amendment) \r\nAct 2012 ( LVII of 2012), published in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.2: it \r\ncame into force w.e.f.1 November 2012. \r\n13Substituted for the word “President” by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 \r\n(LVII of 2012), pub lished in the Punjab Gazette (Extraordinary), dated : 14 November 2012, pp. 1573-1574, s.6: it came into \r\nforce w.e.f.1 November 2012. \r\n14Substituted for the word “he” by the Punjab Transplantation of Human Organs and Tissues (Amendment) Act 2012 ( LVII of \r\n2012), published in the Punjab Gazette 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