(Pb. Ord. XXXVI of 1999)
[14 July 1999 ]
An
Ordinance to regulate transfusion of safe blood and blood products
Preamble.— Whereas it is expedient to regulate transfusion of safe
and healthy blood and blood products free from viruses and infective agents and
to provide for matters connected therewith and incidental thereto;
And whereas the Provincial Assembly
of the Punjab is not in session and the Governor of the Punjab
is satisfied that circumstances exist which render it necessary to take
immediate action;
Now, therefore, in exercise of the
powers conferred upon him under Article 128(2) of the Constitution, the
Governor of the Punjab is pleased to
promulgate the following Ordinance:-
1. Short title and commencement.— (1) This Ordinance may be called the Punjab Transfusion of
Safe Blood Ordinance 1999.
(2) It shall come into force at once and
shall be deemed to have taken effect on the day the Punjab Transfusion of Safe
Blood Ordinance 1999 (XVI of 1999) stands repealed[2][2]
under Article 128(2) of the Constitution.
2. Definitions.— In this Ordinance, unless there is anything repugnant in
the subject or context —
(a) “blood
bank” includes all organizations maintained for the purposes of receiving, preserving,
storing, analyzing and processing blood and blood products; and
(b) “safe
blood” means human blood or blood product which is healthy and free from Human
Immunodeficiency Viruses (HIV), Hepatitis B and C viruses or such other viruses
or infective agents as the Government may, by notification in the official
gazette, specify.
3. Transfusion of safe blood.— Every person transfusing blood to any patient shall ensure
that the blood is safe blood.
4. Registration of blood banks.— No blood bank shall receive or supply blood unless it is
registered with the Punjab Blood Transfusion Authority and a licence is issued
to it by the Authority in the manner and subject to payment of such fee as may
be prescribed.
5. Establishment
of Authority.— (1) The Government may establish an Authority to be known as the Punjab
Blood Transfusion Authority comprising such number of members as the Government
may determine.
(2) The Government shall appoint one of the
members as the Chairman of the Authority.
(3) No action of the Authority shall be
invalid because of any defect in the constitution of the Authority or any
vacancy in it.
6. Functions of the Authority.— The functions of the Authority shall be to —
(a) develop
uniform policy covering all aspects of safe blood transfusion based on current
developments in the field;
(b) register
and issue licenses to blood banks;
(c) allow
renewal of license issued to blood banks annually on payment of such fees after
satisfying itself that instructions issued by it for safe blood transfusion
were being followed by the blood banks;
(d) fix
service charges of blood and blood products;
(e) ensure
that bio-safety measures specified by the Authority are strictly adhered to by
the blood banks;
(f) ensure
that the blood banks are managed and run by qualified professionals preferably
having post graduate qualifications in blood transfusion, haematology or
clinical pathology recognized by the Pakistan Medical and Dental Council
established under the Medical and Dental Council Ordinance, 1962 (XXXII of
1962); [3][3][* * *]
(g) monitor
the working of the blood banks and carry out periodical inspections where
necessary [4][4][; and]
[5][5][(h) the authority may
delegate any of its functions and powers to the District Safe Blood Transfusion
Committee as it may deem appropriate under this Ordinance.]
7. Responsibilities of blood banks.— Every blood bank shall —
(a) have
a separate department, staff and set of equipments for the purpose of blood
donations and for selection, handling, care and safety of the donors;
(b) select
donors of blood in accordance with the instructions issued by the Authority;
(c) cause
the donated blood and blood products to be screened, examined and tested in
accordance with instructions issued by the Authority for detection of any
communicable disease;
(d) possess equipment required for haemoglobin
estimation, blood grouping, cross matching, anti-bodies detection and screening
of infectious agents, such as human immunodeficiency, hepatitis viruses, or
other infective agents specified by the Authority;
(e) equip
itself with proper refrigeration of blood and blood products and make
arrangements for uninterrupted power supply for refrigeration;
(f) discourage
acceptance of blood from professional blood donors; and
(g) submit
periodical reports in respect of donations of the blood received by it with
breakup of blood groups, detection of anti-bodies and screening of infectious
agents.
8. [6][6][District Safe Blood Transfusion
Committee].— The
Government may, for the purpose of creating awareness for availability of safe
blood and motivation for voluntary blood donations, set up a [7][7][District Safe Blood Transfusion Committee] consisting
of philanthropists, social workers and such other persons as it may deem
appropriate.
9. Penalty for contravention.— (1) Any person contravening the provisions of this
Ordinance shall be punishable with imprisonment which may extend to three years
or with fine upto fifteen thousand rupees, or with both.
(2) Notwithstanding the provisions of sub-section
(1), if the Authority is satisfied that any blood bank has contravened the
provisions of this Ordinance, it may —
(a) issue
an adverse findings report and put the blood bank on probation;
(b) cause
cessation of operation by the blood bank;
(c) seize and prevent the release of blood or
blood products that violate prescribed regulations, or are considered unsafe;
(d) de-register
the blood bank; and
(e) debar
the re-registration of the blood bank temporarily or permanently.
10. Cognizance
of contravention.— No Court shall take cognizance of
any contravention under this Ordinance, except on a complaint in writing made
by the Chairman of the Authority or a person authorized by him.
11. Rules.—
The Government may make rules for giving effect to the provisions of this
Ordinance.
12. Regulations.—
The Authority may with the prior approval of the Government and subject to the
rules make regulations to give effect to the provisions of this Ordinance.
[1][1]Promulgated
by the Governor on 9 July
1999 ; published in the Punjab Gazette, (Extraordinary), dated 14 July 1999 , pp. 865-68. Under
Article 4 of the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
it will remain in force notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[3][3]The word “and” omitted by the
Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001 (XXII of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[4][4]The
“full-stop” substituted by a semi-colon and the word “and” added thereafter by
the Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001 (XXII of
2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit
of three months prescribed under Article 128 of the Constitution of the Islamic
Republic of Pakistan.
[7][7]Substituted for the words
“Punjab Safe Blood Donation Committee”, by
the Punjab Transfusion of Safe Blood (Amendment) Ordinance, 2001 (XXII of
2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
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