[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Pakistan (Punjab) Legislation |
[Database Search] [Name Search] [Noteup] [Help]
THE
(Pb. Ord. XXXVI of 1999)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Transfusion of safe blood.
4. Registration of blood banks.
5. Establishment of Authority.
6. Functions of the Authority.
7. Responsibilities of blood banks.
8. District Safe Blood Transfusion Committee
9. Penalty for contravention.
10. Cognizance of contravention.
11. Rules.
12. Regulations.
[1]THE
(Pb. Ord. XXXVI of 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
Now, therefore, in exercise of the powers
conferred upon him under Article 128(2) of the Constitution, the Governor of
the
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1999 (XVI of 1999) stands repealed[2] under Article 128(2) of the Constitution.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 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][* * *]
(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 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][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 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]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.
[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), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/pk/legis/pj/consol_act/ptosbo1999366