[1]THE
PUNJAB TRANSFUSION OF SAFE BLOOD ORDINANCE 1999
( XXXVI of
1999)
An
Ordinance
[14th
July, 1999]
to regulate
transfusion of safe blood and blood products
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Punjab Transfusion of Safe Blood Ordinance 1999 (XVI of 1999) stands repealed[2]
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 (HIV) viruses , 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][
* * * ]
(g)
monitor the working of the blood banks and carry out
periodical inspections where necessary [4][
; and ]
[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 the 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][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][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]
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.
[2]
it stood repealed on 15 July 1999.
[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 Provincial
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]
The ”full-stop” substituted by a Semi-colon and the word “and” added thereafter
by the 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.
[5]
Added ibid.
[6]
Substituted ibid, for the words “Punjab
Safe Blood Donation Committee”.
[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),
Article4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
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