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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
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PRELIMINARY
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This Act may be called the Transplantation
of Human Organs Act, 1994
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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.
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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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