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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:-- 9. Penalties for Contravention.---(1) Whoever, himself or by any other persons on his behalf, or by any person under his supervision wilfully or recklessly contravenes any of the provisions under this Act or any rule or any regulation promulgated under this Act shall be punishable with imprisonment of either description which may extend to three (3) years; or with fine up to Rupees thirty thousand with a minimum fine of Rupees fifteen thousand; or with both. (2) Whoever, himself or by any other person on his behalf, or by any person under his supervision willfully or recklessly contravenes any of the provisions under this Act or any rule or any regulation promulgated under this Act and thereby causes physical injury to the person of another, he shall be punishable with imprisonment of either description which may extend to five (5) years; or with fine up to Rupees one hundred thousand with a minimum fine for rupees thirty thousand; or with both. (3) Whoever, himself or by any other person on his behalf or by any person under his supervision, without lawful excuse, does any Bill with the intention of interfering, without authorization, with the operations carried out for the purposes of this Act; or the operations carried out for the purposes of this Act by a licensee, and thereby causes damage to any facility, equipment, material, or person, such a person' shall be guilty of an offence punishable with imprisonment of either description which, may extend to three (3) years; or with fine up to Rupees fifty thousand with a minimum fine of Rupees twenty thousand; or with both. (4) Whoever, himself or by any other person on his behalf, or by any person under his supervision, conceals or connives to conceal, or falsely presents, or connives to, falsely present, any records, material, procedures, or situation, without lawful excuse, or obstructs an Inspector from accessing records, material, or other relevant evidence, in case of an investigation under this Act, he will be guilty of an offence punishable with imprisonment; or with fine; or with both. (5) Whoever, himself or by any other person on his behalf, or by any person under his supervision, having committed an offence under this Actor any rule or any regulation promulgated under this Act, again commits the same offence under this Act or any rule or any regulation promulgated under this Act, he shall be punishable with imprisonment of either description which may extend to five (5) years; or with fine up to Rupees one hundred thousand with a minimum fine of Rupees thirty thousand; or with both. (6) Where person guilty of an offence under this Act or any rule or any regulation promulgated under this Act, is a company, group practice, hospital; department, corporation, firm, or institution, every director, partner, and employee of the respective company, group practice, hospital, department, corporation, firm, or institution shall unless he proves that the offence Was committed without his knowledge or consent, be guilty of the like offence. (7) If any person is convicted of an offence under this Act or any rule or any regulation promulgated under this Act, it shall be lawful for the Authority to cause the offender's name, place of residence, place of business, the offence which has been convicted, and the penalty inflicted upon him, to be published at the expense of such person in such newspaper or in such other manner as the Authority may direct: Provided that the expenses of such publication shall be recoverable in the same manner as a fine is recoverable. (8) If any person is convicted of an offence under this Act or any rule or any regulation promulgated under this Act, it shall be lawful for the equipment used and any other related materials in respect of which contravention has been made to be confiscated to the Government, to be disposed off in a manner to be decided by the Government. (9) Notwithstanding anything repugnant to the foregoing powers of the Authority, in case of contravention of provisions under this Act or Rules or Regulations under this Act, it will be lawful for the Authority if it upon initial review considers it appropriate not to refer the case to a Court of Law and concludes to decide such a case itself. In such a case it shall be lawful for the Authority to impose any one or more, of the following penalties:-- (i) Issue a warning. (ii) Issue an adverse report on the Blood Bank. (iii) Put the Blood Bank on probation for a period to be determined by the Authority. (iv) Fine of up to Rupees fifty thousand minimum of Rupees five hundred. (v) Seize and confiscate Blood, Blood products, or other material, or equipment, which are in contravention of the provisions of this Act or any rule or any regulation promulgated under this Act, to be disposed in a manner to be determined by the Authority. (vi) Temporarily or permanently debar any person or persons to work in a Blood Bank. (vii) Temporarily or permanently disallow use of any material, equipment, or such other thin which is in contravention or is anticipated to be in contravention of the provisions of this Act or any rules or any regulation promulgated under this Act. (viii) Temporarily or permanently close down the Blood Bank. (ix) Temporarily or permanently revoke the licence of the Blood Bank. (x) Temporarily or permanently deregister the Blood Bank.