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THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Year : 1994

THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994ACT NO. 42 OF 1994.[8th July, 1994.]


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 in 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 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;

2.BE it enacted by Parliament in the Forty-fifth Year of the
Republic of India as follows:-



CHAP

PRELIMINARY


CHAPTER I

PRELIMINARY


1.Short title, application and commencement.


1.Short title, application and commencement.- (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 to the commencement of 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.Definition.


2. Definition.- 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 consti-
tuted 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 dis-
appearance of all evidence of life occurs, by reason of brain-stem death or in a cardiopulmonary 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 subsection (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 structured arrangement of tissues which, if wholly re-
moved, cannot be replicated by the body;

(i) "near relative" means spouse, son, daughter, father, mother, brother or sister;



3.(j) "notification" means a notification published in the
Official Gazette;

(k) "payment" means payment in money or moneys worth but does not include any payment for defraying or reimbursing;

(i) the hcost 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 organ from any living person or deceased person to some other living person for therapeutic purposes.



CHAP

AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS

Last updated on May, 2015
Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Year : 1994



CHAPTER I

PRELIMINARY


1.Short title, extent and commencement.


1.Short title, extent and commencement.- (1) This Act may be called the Manipur Municipalities Act, 1994.(2) It extends to the whole of the State of Manipur except the
Hill Areas to which the Manipur (Hill Areas) District Council Act,
1971(Manipur Act 76 of 1971) extends or any area which is included in a Cantonment under the Cantonment Act, 1924.(2 of 1924.)

(3) It shall be deemed to have come into force on the 24th day of May, 1994.

2.2.Definition.


2.Definition.- In this Act, unless the context otherwise requires,-


(1) "Adhyaksha" means an Adhyaksha of a Zilla Parishad elected under the provisions of the Manipur Panchayati Raj
Act, 1994 (26 of 1994)

(2) "building" means a house, out house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter;

(3) "bye-law" means a bye-law made under this Act by notification;

(4) "Committee means a Committee other than a Ward Com-
mittee constituted under this Act;

(5) "compound" means land whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;

(6) "conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

(7) "Corporation" means a Municipal Corporation;

(8) "Council" means a Municipal Council;

(9) "Councillor" means a member of a Municipal Council of
Nagar Panchayat, as the case may be, elected or appointed under this Act;

(10) "Deputy Commissioner" means the Deputy Commissioner of a district of Manipur having jurisdiction over the
Municipality, or any other officer at any time appointed by the Government to perform, in any district or districts the functions of a Duty Commissioner under this Act;

(11) "Director" means the Director of Municipal
Administration, Housing and Urban Development of the
Government of Manipur or such other officer as may be appointed by the Government to exercise the functions of the
Director of Municipal Administration, Housing and Urban
Development of Manipur;

(12) "district" means a district in the State of Manipur;

(13) "District Magistrate" means the District Magistrate and includes the Additional District Magistrate or any such
Magistrate as may be appointed in this behalf by the
Government, having territorial jurisdiction over the
Municipality;

(14) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, waste water, rain water or subsoil water;


3.(15) "Election Commission" means the State Election
Commission constituted under section 98 of the Manipur
Panchayati Raj Act, 1994;(26 of 1994)

(16) "Executive Officer" means Executive Officer of a municipality appointed under this Act;

(17) "financial year" means the year commencing on the 1st day of April of a year and ending on 31st day of March of the succeeding year;

(18) "food" includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into -or used in the composition or preparation of human food and also includes confectionery, flavouring and colouring matter, spices and condiments;

(19) "Government" means the State Government of Manipur;

(20) "half-year"means a half-year commencing on the 1st day of April or the 1st day of October, or such other date as the
State Government may, by notification appoint;

(21) "holding" means land held under one, title or agreement and surrounded by one set of boundaries:

Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling-house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act:

Provided further that where land has been let out to occupants in separate parcels paying rent separately, each such parcel shall be treated as a distinct holding in spite of such parcels of land being held under one title.

Explanation I.-Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso.

Explanation II.-Any plot of land having clear boundaries and lying entirely vacant, if fit for building purposes or if yielding any income, shall when not appurtenant to any agricultural purposes, be regarded as a "holding";

(22) "house" means any hut, shop, warehouse, workshop, masonry or framed;

(23) "house-gully" or "service passage means a passage or strip of land constructed, set apart or utilised, for the purpose of serving as or carrying a drain or affording access to a latrine, privy



4.urinal, cess-pool or other receptacle of filthy or polluted matter by municipal employees or other persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air-space above such pas-sage or land;

(24) "hut" means any building, which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made;

(25) "infectious -or contagious disease" means cholera, plague, small-pox, chicken-pox, kala-azar, tuberculosis, diphtheria and typhoid ,or enteric fever or such other dangerous disease as the Government may notify in this behalf;

(26) "inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;

(27) "joint family" means a family of which the members live together, have a common mess and are descendants from a common ancestor and shall include wives or husbands, as the case may be, of its members, but shall exclude married daughters and their children;

(28) "land" includes benefits arising out of land, houses and things attached to the earth or permanently fastened to anything attached to the earth and also land covered by water;

(29) "Legislative Assembly" means the Legislative Assembly of Manipur;

(30) "Local Authority" includes District Council,Municipal
Council, Nagar Panchayat, Municipal Corporation and
Panchayat;

(31) "lodging house" means a house in which visitors or other persons are lodged on hire for a night or more;

(32) "market" or "bazar" means any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock or any other article of food or merchandise, declared and licensed by the municipality as a market;

(33) "municipal area" means the territorial area of a municipality as is notified by the Governor;

(34) "municipality" means the Nagar Panchayat or the
Municipal Council, as the case may be, constituted under the provisions of this Act;




5.(35) "municipal market" means a market belonging to or main-
tained by the municipality;

(36)"notification" means notification in the Official
Gazette of Manipur;

(37) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense or sight, smelling or hearing or disturbance to rest or sleep or which is or may be, dangerous to life or injurious to health or property;

(38) "occupier" includes,


(a) any person who is paying or is liable to pay to the owner the rent or any, portion of the rent of the land or building in respect of which such rent is paid or is payable;

(b) an owner in occupation of or otherwise using his own land or building;

(c) a rent free tenant of any land or building;

(d) a licensee in occupation of any land or building;
and

(e) any person who is liable to pay to the owner of land or building damages for the use and occupation of such land or building;


(39) "offensive matter" includes animal, carcases; kitchen or stable refuse, dung, dirt, putrid or putrefying substance and filth of any kind which is not included in sewage;

(40) "owner" includes-

(a) a person who for the time being is receiving or is en-titled to receive, the rent of any land or building or of any part of any land or building whether on his own account or on account of himself and others or as an agent, trustee for any person or society or for any religious or charitable purpose, guardian or as a receiver or who would so receive such rent or be entitled to receive it if the land, building or part thereof were let to a tenant, and

(b) the head of a Government department in respect of properties under their respective control;

(41) "Panchayat" means an institution of self-government at the district or village level constituted under the Manipur
Panchayati Raj Act, 1994; (26 of 1994)


6.(42) "platform" means any structure which is placed on or covers or projects over, any public road or any open drain, sewer or aqueduct;

(43) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

(44) "prescribed" means prescribed by rules made under this
Act;

(45) "private road" means any street, road, square, court alley or passage which is not a public road and includes a pathway made by the owner or premises on his own land to secure access to, or the convenient use of, such premises;

(46) the expression "re-erect" when used with reference to building, includes-


(a) the reconstruction of a building after more than onehalf of its cubical extent has been taken down or burnt down or has fallen down;

(b) the conversion of one or more huts or temporary structures into a masonry or framed building;

(c) the conversion into place for human habitation of any building not originally constructed for such habitation; and

(d) the extension of a building;

(47) "private slaughter house" means a slaughter house which is not a municipal slaughter house;

(48) "public place" means a space, not being private property which is open to the use or enjoyment of the public whether such space is vested in a municipality or not;

(49) "Public road" means any street, road, square, court alley, passage or pathway over which the public have a right of way whether a thoroughfare or not, and includes-


(a) the roadway over any public bridge or causeway;

(b) the footway attached to any such road, public bridge or causeway; and

(c) the drains attached to any such road, public bridge or causeway, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or Government property;


(50) "regulation" means a regulation made by the municipality under this Act, by notification;


7.(51) "rubbish" means, ashes, broken brick, mortar, broken glass, dust or refuse of any kind which is not filth;


(52) "rule" means a rule made under this Act;

(53) "Scheduled Castes" means such castes, races or tribes or parts of groups within such castes, tribes as are specified to be Scheduled Castes, in relation to the State of
Manipur under article 341 of the Constitution of India;

(54) "Scheduled Tribes" means such tribes or tribal communities or parts of groups within such tribes or tribal communities as are specified to be Scheduled Tribes in relation to the State of Manipur under article 342 of the
Constitution of India;

(55) "sewage" means night-soil and other contents of privies, latrines, urinals, cesspools and drains, and includes polluted water from sink, bathrooms, stables, cattle-sheds and other like places and also discharges from manufactories of all kinds;

(56) slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;

(57) "urban areas" means the areas in the State. of Manipur which are not rural areas;

(58) "vehicle" includes bicycles, tricycles and automotor cars and every wheeled conveyance whether a carriage, cart, van, dray which is used or capable of being used on a public road;

(59) "ward" means a municipal ward constituted under section
18;

(60) "water works" includes all tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, sluices mains, pipes, hydrants, stand pipes and conduits and all lands, buildings, machinery and things used for, or intended for the purpose of, supplying water;


(61) "Zilla Parishad" means a Zilla Parishad of a district constituted under the Manipur Panchayati Raj Act,
1994 (26 of 1994).


CHAP

CONSTRUCTION OF MUNICIPALITIES
Last updated on May, 2015

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