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Transplantation of Human Organs Act, 1994 Complete Act

Title: Transplantation of Human Organs Act, 1994

State: Central

Year: 1994

.....purposes Section12 - Explaining effects, etc. to donor and recipient Chapter IV Section13 - Appropriate Authority Chapter V Section14 - Registration of hospitals engaged in removal, storage or transplantation of human organs Section15 - Certificate of registration Section16 - Suspension or cancellation of registration Section17 - Appeals Chapter VI Section18 - Punishment for removal of human organ without authority Section19 - Punishment for commercial dealings in human organs Section20 - Punishment for contravention of any other provision of this Act Section21 - Offences by companies Section22 - Cognizance of offences Chapter VII Section23 - Protection of action taken in good faith Section24 - Power to make rules Section25 - Repeal and savings

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Transplantation of Human Organs (Amendment) Act, 2011, (Central) Complete Act

Title: the Transplantation of Human Organs (Amendment) Act, 2011

State: Central

Year: 2011

Preamble - THE TRANSPLANTATION OF HUMAN ORGANS (AMENDMENT) ACT, 2011 Section 1 - Short title, application and commencement Section 2 - Amendment of long title Section 3 - Amendment of section 1 Section 4 - Substitution of references to certain expressions by certain other expressions Section 5 - Amendment of section 2 Section 6 - Amendment of section 3 Section 7 - Amendment of section 9 Section 8 - Amendment of section 10 Section 9 - Amendment of section 13 Section 10 - Insertion of new sections 13A, 13B, 13C and 13D Section 11 - Amendment of section 14 Section 12 - Insertion of new section 14A Section 13 - Amendment of section 15 Section 14 - Amendment of section 16 Section 15 - Amendment of section 17 Section 16 - Amendment of section 18 Section 17 - Amendment of section 19 Section 18 - Insertion of new section 19A Section 19 - Amendment of section 20 Section 20 - Amendment of section 24

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Transplantation of Human Organs Act, 1994 Section 9

Title: Restrictions on Removal and Transplantation of Human Organs

State: Central

Year: 1994

.....of such members as may be nominated by the State Government on such terms and conditions as may be specified in the notification for the purposes of this section. (5) On an application jointly made, in such form and in such manner as may be prescribed, by the donor and the recipient, the Authorisation Committee shall, after holding an inquiry and after satisfying itself that the applicants have complied with all the requirements of this Act and the rules made thereunder, grant to the applicants approval for the removal and transplantation of the human organ. (6) If, after the inquiry and after giving an opportunity to the applicants of being heard, the Authorisation Committee is satisfied that the applicants have not complied with the requirements of this Act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the application for approval.

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Transplantation of Human Organs Act, 1994 Preamble 1

Title: The Transplantation of Human Organs Act, 1994

State: Central

Year: 1994

THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 [Act, No. 42 of 1994] [8th July, 1994] PREAMBLE An Act to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. WHEREAS it is expedient to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in Articles 249 and 250 of the Constitution. AND WHEREAS in pursuance of Cl. (1) of Article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and Maharashtra to the effect that the matters aforesaid should be regulated in those States by Parliament by law; BE it enacted by Parliament in the Fortyfifth Year of the Republic of India as follows :

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Transplantation of Human Organs Act, 1994 Section 10

Title: Regulation of Hospitals Conducting the Removal, Storage or Transplantation of Human Organs

State: Central

Year: 1994

(1) On and from the commencement of this Act, (a) no hospital, unless registered under this Act, shall conduct, or associate with, or help in, the removal, storage or transplantation of any human organ; (b) no medical practitioner or any other person shall conduct, or cause to be conducted, or aid in conducting by himself or through any other person, any activity relating to the removal, storage or transplantation of any human organ at a place other than a place registered under this Act; and (c) no place including a hospital registered under sub-section (1) of section 15 shall be used or cause to be used by any person for the removal, storage or transplantation of any human organ except for therapeutic purposes. (2) Notwithstanding anything contained in sub-section (1) the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purposes, by a registered medical practitioner. Explanation:- For the purposes of this sub-section, "ears" includes ear drums and ear bones.

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Transplantation of Human Organs Act, 1994 Section 14

Title: Registration of Hospitals Engaged in Removal, Storage or Transplantation of Human Organs

State: Central

Year: 1994

.....commence any activity relating to the removal, storage or transplantation of any human organ for therapeutic purposes after the commencement of this Act unless such hospital is duly registered under this Act: Provided that every hospital engaged, either partly or exclusively, in any activity relating to the removal, storage or transplantation of any human organ for therapeutic purposes immediately before the commencement of this Act, shall apply for registration within sixty days from the date of such commencement: Provided further that every hospital engaged in any activity relating to the removal, storage or transplantation of any human organ shall cease to engage in any such activity on the expiry of three months from the date of commencement of this Act unless such hospitals has applied for registration and is so registered or till such application is disposed of, whichever is earlier. (2) Every application for registration under sub-section (1) shall be made to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. (3) No hospital shall be registered under this Act unless the Appropriate Authority is.....

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Transplantation of Human Organs (Amendment) Act, 2011, (Central) Preamble

Title: the Transplantation of Human Organs (Amendment) Act, 2011

State: Central

Year: 2011

THE TRANSPLANTATION OF HUMAN ORGANS (AMENDMENT) ACT, 2011 [Act No. 16 of 2011] [27th September, 2011] PREAMBLE An Act to amend the Transplantation of Human Organs Act, 1994. WHEREAS it is expedient to amend the said law enacted by Parliament relating to regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs; AND WHEREAS Parliament has no power to make or amend laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and West Bengal to the effect that the aforesaid Act should be amended by Parliament; BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-

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Transplantation of Human Organs Act, 1994 Complete Act

State: Central

Year: 1994

.....made under this Act: (m) "recipient" means a person into whom any human organ is, or is proposed to be, transplanted; (n) "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and who is enrolled on a State Medical Register as defined in clause (k) of that section; (o) "therapeutic purposes" means systematic treatment of any disease or the measures to improve health according to any particular method or modality; and (p) "transplantation" means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes. CHAPTER 02: AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS SECTION 03: AUTHORITY FOR REMOVAL OF HUMAN ORGANS (1) Any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal, before his death, of any human organ of his body for therapeutic purposes. (2) If any donor had, in writing and in the presence of two or more witnesses (at least one of whom is a near relative of such person), unequivocally authorised at any time.....

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Maharashtra Kidney Transplantation Act, 1982 Complete Act

State: Maharashtra

Year: 1982

.....or a local authority or any registered medical practitioner, for anything which is in good, faith done or intended to be done in pursuance of this Act or the rules made thereunder. SECTION 10: RULES (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for, (a) the form and the manner in which the person lawfully in possession of the body of the deceased person may authorise the removal of the kidneys for therapeutic purposes; (b) the form and the manner in which a near relative of a deceased person may object to the deceased person's kidneys being used for therapeutic purposes; (c) the form and the manner in which any authority for removal of the kidneys under this Act may be given on behalf of the person having the control or management of an approved institution by any officer or person designated in that behalf by the person having the control or management of the approved institution; (d) the manner in which the Coroner.....

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Transplantation of Human Organs (Amendment) Act, 2011, (Central) Section 6

Title: Amendment of Section 3

State: Central

Year: 2011

In section 3 of the principal Act,- (a) after sub-section (1), the following sub-sections shall be inserted, namely: "(1A) For the purpose of removal, storage or transplantation of such human organs or tissues or both, as may be prescribed, it shall be the duty of the registered medical practitioner working in a hospital, in consultation with transplant co-ordinator, if such transplant co-ordinator is available,- (i) to ascertain from the person admitted to the Intensive Care Unit or from his near relative that such person had authorised at any time before his death the removal of any human organ or tissue or both of his body under sub-section (2), then the hospital shall proceed to obtain the documentation for such authorisation in such manner as may be prescribed; (ii) where no such authority as referred to in sub-section (2) was made by such person, to make aware in such manner as may be prescribed to that person or near relative for option to authorise or decline for donation of human organs or tissues or both; (iii) to require the hospital to inform in writing to the Human Organ Retrieval Centre for removal, storage or transplantation of human organs or tissues or.....

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