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Bill
No.LIXF- of 1992
THE
TRANSPLANTATION OF HUMAN ORGANS BILL, 1994
(AS PASSED BY THE HOUSES OF PARLIAMENT)
A
BILL
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,
Any whereas in pursuance of clause (1) of article 252 of the
constitution, resolutions have been passed by all the Houses to the
Legislatures of the States of Goa, Himachal Pradesh and Maharashtra to
the effect that the matter 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:-
CHAPTER
- I
PRELIMINARY
1.
(1) This Act may be called the Transplantation
of Human Organs Act, 1994
(2) It applies in the first instance, to the whole of the States of
Goa, Himachal Pradesh and Maharashtra and to all the Union territories
and it shall also apply to such other State which adopts this Act by
resolution passed in that behalf under clause (1) of article 252 of
the Constitution.
(3)
It shall come into force in the States of Goa, Himachal Pradesh and
Maharashtra and in all the Union territories on such date as the
Central Government may, by notification, appoint and in any other
State which adopts this Act under clause (1) of article 252 of the
constitution on the date of such adoption; and any reference in this
Act shall, in relation to any State or Union Territory, means the date
on which this Act comes into force in such State or Union Territory.
2.
In this Act, unless the context otherwise
requires -
(a)
'advertisement' includes any form of advertising whether to the
public generally or to any section of the public or individually to
selected persons;
(b)
"Appropriate Authority� means the Appropriate Authority
appointed under section 13;
(c)
"Authorisation Committee" means the committee
constituted under clause (a) or clause (b) of sub-section (4) of
section 9;
(d)
�brain-stem death� means the stage at which all functions
of the brain stem have permanently and irreversibly ceased and is so
certified under sub-section (6) of section 3;
(e)
" deceased person" means a person in whom
permanent disappearance of all evidence of life occurs, by
reason of brain stem death or in a cardio pulmonary sense at any time
after live birth has taken place;
(f)
�donor" means any person, not less than eighteen years
of age, who voluntarily authorises
the removal of any of his human organs for therapeutic purposes
under sub-section (1) or sub-section (2) of section 3;
(g)
"hospital� includes a nursing home, clinic, medical
centre, medical or teaching institution for therapeutic purposes and
other like institution;
(h)
"human organ� means any part of a human body consisting
of a structural arrangement or tissues which, if wholly removed,
cannot be replicated by the body;
(i)
"near relative" means spouse, son, daughter, father,
mother, brother or sister;
(j)
"notification" means a notification published in the
Official Gazette.
(k)
"payment" means 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 earnings incurred by a person so far as
reasonably and directly attributable to his supplying any human organ
from his body;
(l)
"prescribed" means prescribed by rules 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, 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 organs from any living person or deceased person to
some other living person for therapeutic purposes.
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