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Transplantation of Human Organs Act, 1994

[Act No. 42 of 1994 dated 8th July, 1994]

Contents
Sections Particulars
Chapter I Preliminary
1 Short title, applications and commencement
2 Definitions
Chapter II Authority For The Removal Of Human Organs
3 Authority for removal of human organs
4 Removal of human organs not to be authorized in certain cases
5 Authority for removal of human organs in case of unclaimed bodies in hospital or prison
6 Authority for removal of human organs from bodies sent for postmortem examination for medico legal or pathological purposes
7 Preservation of human organs
8 Savings
9 Restrictions on removal and transplantation of human organs
Chapter III Regulation Of Hospitals
10 Regulation of hospitals conducting the removal, storage or transplantation of human organs
11 Prohibition of removal or transplantation of human organs for any purpose other than therapeutic purposes
12 Explaining effects, etc., to donor and recipient
Chapter IV Appropriate Authority
13 Appropriate Authority
Chapter V Registration Of Hospitals
14 Registration of hospitals engaged in removal, storage or transplantation of human organs
15 Certificate of registration
16 Suspension or cancellation of registration
17 Appeals
Chapter VI Offences And Penalties
18 Punishment for removal of human organ without authority
19 Punishment for commercial dealings in human organs
20 Punishment for contravention of any other provision of this Act
21 Offences by companies
22 Cognizance of offence
Chapter VII Miscellaneous
23 Protection of action taken in good faith
24 Power to make rules
25 Repeal and saving
  Foot Notes

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 of incidental thereto.

WHEREAS it is expedient to provide for the regulation 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 clause (1) of articles 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 Forty-fifth year of the Republic of India as follows:



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