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ACT III OF 2004 ACT III OF 2004 BALOCHISTAN SAFE BLOOD TRANSFUSION ACT, 2004 An Act, to provide for the establishment of the Balochistan Safe Blood Transfusion Authority in the Province of Balochistan. [Gazette of Balochistan Extraordinary, 8th May, 2004] No.PAB/Legis. V(15)/2004, dated 8-5-2004.--The Balochistan Safe Blood Transfusion Bill, 2004 having been passed by the Provincial Assembly of Balochistan on 4th May, 2004 and assented to by the, Governor of Balochistan, is hereby published as an Act of the Provincial Assembly. It is hereby enacted as follows:-- 4. Establishment of the Authority.---(1) As soon as may be, but not later than thirty days, after commencement of this Act, the Government shall, by notification in the official Gazette, establish an authority to be known as the Balochistan Safe Blood Transfusion Authority comprising of a Chairman and other members as prescribed hereunder: -- (i) The Secretary, Government of Balochistan, Health Department, shall be the ex-officio Chairman of the Authority. (ii) The Director General Health Services Balochistan, shall be an ex-officio member to the Authority. (iii) The Provincial Program Manager for Safe Blood Transfusion, shall be ex-officio member/secretary to the Authority. (iv) The Hematologist/Transfusionist from CMH Quetta, shall be an ex-officio member to the Authority. (v) One Hematologist from the Hematology section of the Department of Pathology, Bolan Medical College, Quetta, being not below the rank of Assistant Professor Hematology, will be a member to the Authority. (vi) One District Pathologist or District Blood Transfusion Officer will be a member to the Authority. (vii) One representative from amongst the Private Blood Banks in District Quetta will be a member to the Authority. (viii) One representative from amongst the Private Blood Banks in the Province outside District Quetta, will be a member to the Authority. (ix) Two persons whose expertise are considered beneficial for the purposes of the Authority, will be nominated by the Authority as co- opted members. (x) The immediate past Secretary to the Authority, if different from the current nominee, will be co-opted member for a period of one year from the date of nomination/appointment as member to the Authority. (2) Notwithstanding anything contained in this Act, every member shall have at least 10 years of relevant professional experience to his or her credit. (3) There shall be a Vice-Chairman of the Authority, to be designated by the Authority, from among its members, on rotation. The tenure of the Vice-Chairman shall be one (1) year. (4) A member shall, excluding the Chairman, unless he/she resigns or is removed from office earlier, shall hold office for a two (2) years term and shall be eligible for reappointment for a similar term. (5) No Bill or proceeding of the Authority shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of, the authority. (6) The Principal Office of the Authority shall be at Quetta and it may set up sub-offices at such place or. places in the Province as it may deem appropriate. (7) To facilitate the working and initiation of the Authority, the first members under the provisions of clause (vii) and (viii), section 1, or rule 4, will be nominated by the Government. Thereafter, members to their vacancies shall be nominated by the Private Blood Banks in the Province through their consensus, as the case may be. In case of dispute on such subsequent nominations among the private Blood Banks which does not resolve in stipulated time, the Authority will recommend the required Bill on the matter of such nominations to the Government for final decision. The decision of the Government in the matter shall be final. (8) In case of vacancy or vacancies occurring due to any reason, the Government shall declare appointment of members on recommendations of the Authority as provided under this Act. Such appointments shall be declared within thirty (30) days of a vacancy occurring on the Authority. (9) A member may resign from office by submitting resignation to the Government, or a member may be removed from being a member to the Authority by the Government, if found unable to perform functions of his office because of mental or physical incapability or misconduct. (10) The Chairman, members, staff, experts, consultants, advisors and other employees of the Authority, when Billing or purporting to Bill in pursuance of any of provisions of this Act or Rules and Regulations made hereunder, shall be deemed to be public servants within meaning of section 21 of Pakistan Penal Code, 1860 (Bill SLV of 1860). (11) To carry out the purposes of this Act the Authority may, from time to -time, employ officers, members .of its staff, experts, consultants, advisors, and other employees on such terms and conditions as it may deem fit, as prescribed in the rules. (12) The Chairman, members, staff, inspectors, advisors, consultants and all such persons who are engaged by the Authority for the purposes of this Act or any rules or any regulations promulgated under this Act, shall be eligible to receive remuneration, on such rates that may be determined by the Authority in consultation with the Government. This shall not be varied to their disadvantage during the term of their services with the Authority. (13) The Authority may and will appoint person or persons' deemed fit for the assignment, as Inspectors to facilitate the achievement of the purposes of this Act, as prescribed in the rules: Provided that, in case of valid apprehension of prejudice of any other discrimination by any Inspector, an incumbent being inspected may register complaint with the Authority, which will dispose the matter as prescribed in the rules.