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TRANSPLANTATION OF HUMAN ORGANS

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. 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.

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