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Search Results Judgments > Phrase:Transplantation of Human Organs Act, 1994

Jul 24 2014

MRS.N.RATNAKUMARI Vs. STATE OF ODISHA & OTHERS

  • Decided on : 24-Jul-2014

Court : Orissa

... of application under Section 48/57/80/81/41 and 41(A) of Cr.P.C. and Section 13,18,19,22 and 23 of Transplantation of Human Organs Act, 1994; __________ Mrs. N. Ratnakumari Petitioner Versus State of Odisha & others For Appellant Opp. Parties : M/s. J.Das (Senior Advocate), Satyabrata Pradhan, G. Sahoo, S. ... when basing on the voter identity card, residential certificate produced before the authorities of the hospital, kidney transplantation operation was carried out in accordance with Andhra Pradesh Transplantation of Human Organs Act, 1995 (hereinafter 1995 A.P. TOHO Act .) without any ill intention rather to save the life of the patient, her husband has been unnecessarily ... transplanting human organ or tissue or both: Provided that the Authorisation Committee shall No.approve such removal or transplantation if the recipient is a foreign national and the doNo.is an Indian national unless they are near relatives. (1B) No human organs or tissues or both shall be removed from the body of a miNo.before his death for the purpose of transplantation ... 1994 TOHO Act was enacted to provide for the regulation of removal, storage or transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith or incidental thereto. There has been certain amendment to the said Act by virtue of Transplantation of Human Organs (Amendment) Act, 2011 (16 of 2011). Section 1(3) of 1994 TOHO Act ...

Nov 12 1996

Nagendra Mohan Patnaik and Ors. Vs. The Government of A.P. rep. by its ...

  • Decided on : 12-Nov-1996

Court : Andhra Pradesh

Reported in : 1997(1)ALT504

... Act 42 of 1994, stating the objects and reasons as follows:'Keeping in view the considerable advancement in Medical Sciences in recent times and the worldwide practice of transplantation of human organs, the Government of India have enacted the Transplantation of Human Organs Act, 1994. On the same lines, in the State of Andhra Pradesh, Governor has promulgated the Andhra Pradesh Transplantation of Human Organs Ordinance, 1994 (Andhra Pradesh Ordinance 18 of 1994 ... 1994, stating the objects and reasons as follows:'Keeping in view the considerable advancement in Medical Sciences in recent times and the worldwide practice of transplantation of human organs, the Government of India have enacted the Transplantation of Human Organs Act, 1994. On the same lines, in the State of Andhra Pradesh, Governor has promulgated the Andhra Pradesh Transplantation of Human Organs Ordinance, 1994 (Andhra Pradesh Ordinance 18 of 1994) on the 8th September, 1994 ... Act i.e. The Transplantation of Human Organs Act, 1994 (Act 42 of 1994). We have already noticed that the Central Act No. 42 of 1994 is made by the Parliament by consent of the legislatures of the States of Goa, Himachal Pradesh and Maharashtra. The Central Act is extended to Union Territories as the Parliament is competent to make laws in respect of Union Territories. The Central Act ...

Aug 07 2008

Mukesh Gandhi Vs. Deputy Secretary (Health) Medical Education and Rese ...

  • Decided on : 07-Aug-2008

Court : Gujarat

Reported in : AIR2009Guj7

... Transplantation of Human Organs Act, 1994 (hereinafter referred to as the Act) read with the Transplantation of Human Organs Rules, 1995 are considered, it appears that s per the Scheme of the Act for therapeutic purpose removal of human organ and transplantation of such organ is made permissible. Section 2(c) refers for the Committee, which is to be constituted under Section 9(4) of the Act ... transplantation of liver. Therefore, even otherwise also the permission could not be granted for harvesting of the liver by Sterling Hospital. Therefore, it was submitted that the decision is rightly taken by the authority of rejecting the application.7. If the provisions of the Transplantation of Human Organs Act, 1994 (hereinafter referred to as the Act) read with the Transplantation of Human Organs ... human organ may be removed and may be preserved to ensure viability for the purpose of transplantation. Therefore, removal of a human organ and the preservation thereof for the purpose of transplantation is one of the situations conceived under the Act. Therefore, it is not necessary that the moment human organ is removed, it is immediately transplanted into the body of the recipient. In a given case the organ ...

May 15 2012

Parveen Begum and Another Vs. Appellate Authority and Another

  • Decided on : 15-May-2012

Court : Delhi

... Act, 1994 itself permits not only the doners from within the family but also permits non-relative doners. We are of the considered view that the TOHO Act, 1994 should not be interpreted in a manner which effectively amounts to prohibiting transplantation of human organs. In conclusion, we may state that the TOHO Act, 1994 is enacted by the Parliament for regulating transplantation of human organs and only prohibits commercial dealings in human organs ... transplant of kidney from petitioner No. 2 to petitioner No. 1. 2. The respondents in the present writ petition are the Appellate Authority, namely the Director General of Health Services constituted under Section 17 of the Transplantation of Human Organ and Tissues Act, 1994 (the Act), the Authorisation Committee for Human Organ Transplant, Sir Ganga Ram Hospital, constituted under Rule 6A 2(ii) of the Transplantation of Human Organs ... human organ is prohibited, yet bona fide applicants may not be viewed in a suspicious manner since the TOHO Act, 1994 itself permits not only the doners from within the family but also permits non-relative doners. We are of the considered view that the TOHO Act, 1994 should not be interpreted in a manner which effectively amounts to prohibiting transplantation of human organs ...

Sep 14 2006

Dr. Shyam Sundar Prasad Vs. State of Bihar (now Jharkhand)

  • Decided on : 14-Sep-2006

Court : Jharkhand

Reported in : 2007(1)BLJR382; 2007CriLJ1989; [2007(1)JCR481(Jhr)]

... Human Organs Act, 1994, was pending. However, the trial court did find the appellant guilty under Section 109 of the Indian Penal Code for abating the commission of the offence under Sections 18, 19 and 20 of the Transplantation of the Human Organs Act and also under Section 201 for causing the evidence of commission of the offence under Sections 18, 19, and 20 of the Transplantation of the Human Organs Act ... Transplantation of the Human Organs Act, 1994, was pending. However, the trial court did find the appellant guilty under Section 109 of the Indian Penal Code for abating the commission of the offence under Sections 18, 19 and 20 of the Transplantation of the Human Organs Act and also under Section 201 for causing the evidence of commission of the offence under Sections 18, 19, and 20 of the Transplantation ... before the court of Judicial Magistrate, Bhilwandi under Sections 420, 406/34 of the Indian Penal Code and Sections 18, 19 and 20 of the Transplantation of the Human Organs Act, 1994 against Deepak Kumar Jaiswal, Lalia (Shyam Kumar Sharma), Qamar Alam, a nurse, named as Mery, Dr. Tabrez and also 2-3 Doctors (not named) of ... for making abatement in consequence of which offences under Sections 18, 19, and 20 of the Transplantation of the Human Organs Act has been committed, whereas no charge was framed under Sections 18, 19, and 20 of the Transplantation of the Human Organs Act either against this appellant or the other accused. Therefore, the order of conviction and sentence ...

Nov 07 2012

Major Pankaj Rai (Retd.) Vs. State of Karnataka By Chief Secretary Vid ...

  • Decided on : 07-Nov-2012

Court : Karnataka

... Transplantation of Human Organs Act 1994, any Organisation desiring to perform Transplantation surgeries needs to take Permission for Transplantation from the Appropriate Authority. It is mandatory for any person or organisation to take permission for Transplantation of Human Organs from the Appropriate Authority as per chapter 6, sub-section (1), rule 18 of Transplantation of Human Organs Act, 1994 ... Transplantation of Human Organs from the Appropriate Authority as per chapter 6, sub-section (1), rule 18 of Transplantation of Human Organs Act, 1994 and any violation thereof will be punished with 5 year jail with upto Rs. 10,000/- penalty. As per reference (3) above, the Appropriate Authority for Human Organs Transplantation has accorded permission to you hospital for transplant ... Transplantation of Human Organs Act, 1994 and any violation thereof will be punished with 5 year jail with upto Rs. 10,000/- penalty. As per reference (3) above, the Appropriate Authority for Human Organs Transplantation has accorded permission to you hospital for transplant of Kidney, Liver and Homograft only. However, you have, under the provisions of the Act, performed Kidney Transplant along with transplantation ...

Mar 31 2005

Kuldeep Singh and Anr. Vs. State of Tamil Nadu and Ors.

  • Decided on : 31-Mar-2005

Court : Supreme Court of India

Reported in : AIR2005SC2106; 2005(5)ALLMR(SC)529; 2005(2)AWC1757(SC); 2005(2)CTC700; JT2005(11)SC80; 2005(2)KLT505(SC); (2005)3MLJ80(SC); (2005)11SCC122

... at Chennai for renal disorder. The hospital in question is duly approved by the authorities under, the Transplantation of Human Organs Act, 1994 (in short the 'Act') read with Transplantation of Human Organs Rules, 1995 (in short the 'Rules') and is permitted to undertake Kidney transplantation. Doctors treating petitioner No. 1 were of the view that both the kidneys of petitioner No ... provisions of the Act and the Rules.9. Section 9 deals with 'Restriction on removal and transplantation or human organs'. The same reads as follows:'Restrictions on removal and transplantation of human organs -(1) Save as otherwise provided in Sub-section (3) no human organ removed from the body of a donor before his death shall be transplanted into a ... enactment of the Act and a few provisions of the Act need to be noted.7. The Act was promulgated 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.8. The Act has come into ... Act and the Rules, the application for approval may be rejected for reasons to be recorded in writing. Section 11 prohibits removal or transplantation of human organs for any purpose other than therapeutic purposes. Chapter VI deals with 'Offences and Penalties'. Section 18 provides for removal of human organ without authority. Section 19 provides for punishment for commercial dealings in human organs ...

Sep 27 2012

Vijaykumar Hariram Sahu and Another Vs. The State of Maharashtra and O ...

  • Decided on : 27-Sep-2012

Court : Mumbai

... every month. The donee resides at Bhopal. 8. The Transplantation of Human Organs and Tissues Act, 1994 is an Act "to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith." The ... Human Organs and Tissues Act, 1994 is an Act "to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith." The Statement of Objects and Reasons accompanying the Bill in Parliament notes that there was a need for a comprehensive legislation for regulating the removal of organs ... Transplantation of Human Organs and Tissues Act, 1994 (`the Act') and an order passed in appeal by the Appellate Authority of the State Government. 4. The Second Petitioner is stated to be suffering from end stage renal disease and is being treated at Jaslok Hospital, Mumbai. The Second Petitioner was advised renal transplantation ... the Act is to prohibit commercial dealings in the transplantation of human organs and tissues. Parliament was cognizant of the fact that unless the process was regulated, human beings in our society which suffers from poverty, illiteracy and ignorance, could be subjected to exploitation for the purposes of transplantation. Where the proposed transplantation ...

May 04 2012

Kiranlal Vs. State Of Kerala Represented By The Secretary To Governmen ...

  • Decided on : 04-May-2012

Court : Kerala

... be given by the 5th respondent /State Level Authorisation Committee for Renal Transplantation under the Transplantation of Human Organs Act , 1994 ('Act' in short) and Transplantation of Human Organs Rules, 1995 ('Rules' in short) is the subject matter involved . 2. The challenge stands is more as to the vires of the Rules 4A(4)(v) or/and ... of the writ petition, it has to be borne in mind that the Transplantation of Human Organs Rules, 1995 have been framed not by the State, but by the Central Government itself, in exercise of the power conferred under sub section (1) of Section 24 of the Transplantation of Human Organs Act, 1994. In spite of the fact the Rules have been framed by the ... under the Act enabling the human organ transplantation are not misused or frustrated, in view of the possibility of involvement of commercial dealings. 14. The object of the Act is as discernible from the 'preamble' which reads as follows: "An Act to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs and ... serious renal problems. It has been identified that kidney transplantation is essential to save the patient. Transplantation of human organs is governed by the aforesaid Act/Rules and the first respondent has infact issued Ext.P1 Circular on 16.08.2011, specifying the particulars of documents to be produced for kidney transplantation, one among which is a certificate to be issued from ...

May 17 2013

P.Nagaraj Prabhu Vs. Director of Medical Education

  • Decided on : 17-May-2013

Court : Chennai

... with the requisite conditions as stipulated in the Transplantation of Human Organs and Tissues Act, 1994 [hereinafter referred to as "the Act"] and that the donor is the near relative of the petitioner as stipulated in section 2[i] of the Act and the same has been approved and coordinated by the transplant coordinator. [c]Continuing further, it is the ... Human Organs and Tissues Act, 1994 (42 of 1994) and Rules in the light of observations made in the Judgment'. In effect, by virtue of the said Judgment, a Committee has been constituted to examine the lacunae in implementation of the said Act. The recommendations of the said committee were examined along with the recommendations of the Rajiv Gandhi Foundation. The draft guiding principles of the organ transplantation ... Committee be constituted to review the provisions of Transplantation of Human Organs and Tissues Act, 1994 (42 of 1994) and Rules in the light of observations made in the Judgment'. In effect, by virtue of the said Judgment, a Committee has been constituted to examine the lacunae in implementation of the said Act. The recommendations of the said committee were ... Relationship Certificate dated 08.05.2013 issued by the Additional Secretary [Health], Government of Goa, Secretariat, Porvorium, Goa, is well within the purview of the Transplantation of Human Organs and Tissues Act, 1994 and the rules made thereunder. As a logical corollary, there is no need or any necessity that has arisen in the present case to refuse ...

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