PUNJAB HEPATITIS ACT 2018

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THE PUNJAB HEPATITIS ACT 2018 
(XII of 2018) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Surveillance System 
4. Responsibility of a healthcare facility  
5. Auto-disabled syringes and needles 
6. Hospital waste disposal 
7. Safe blood transfusion 
8. Dialysis and surgeries 
9. Organ transplant 
10. Disclosure 
11. Diagnostic services 
12. Awareness 
13. Duties of certain persons 
14.  Testing services  
15. Obligations towards a pregnant woman 
16. Mandatory hepatitis test 
17. Testing of prisoners 
18. Test of persons involved in an occurrence 
19. Voluntary vaccination  
20. Compulsory vaccination of infants  
21. Healthcare facilities  
22. Information of vaccination 
23. Duty of an educational institution 
24.  Vaccination of certain persons  
25. Health Inspectors 
26. Powers of Health Inspectors 
 
 
27. Penalties 
28. Offences by companies  
29. Cognizance  
30. Compounding of offence  
31. Public servants  
32. Monitoring and evaluation 
33. Delegation of powers 
34. Indemnity  
35. Power to make rules  
36. Removal of difficulties 
37. Repeal 
  
 
 
 
TEXT 
1
THE PUNJAB HEPATITIS ACT 2018 
(XII of 2018) 
[19 March, 2018] 
An 
Act 
to provide for surveillance, diagnosis and treatment of hepatitis. 
It is necessary to provide for the surveillance, diagnosis and treatment of hepatitis, 
for the enforcement of measures to prevent and control its spread and for incidental 
purposes. 
Be it enacted by the Provincial Assembly of the Punjab as follows: 
1. Short title, extent and commencement. – (1) This Act may be cited as the 
Punjab Hepatitis Act 2018. 
(2) It extends to whole of the Punjab. 
(3) It shall come into force at once. 
2. Definitions.– In this Act: 
(a) “Act” means the Punjab Hepatitis Act 2018; 
(b) “Director General” means the Director General Health Services, 
Punjab; 
(c) “Government” means Government of the Punjab; 
(d) “healthcare facility” means a hospital, diagnostic center, medical 
clinic, nursing home, maternity home, dental clinic, homeopathy 
clinic, tibb clinic, acupuncture clinic, physiotherapy clinic or any 
other premises or conveyance, wholly or partly, used for 
providing healthcare services; 
(e) “health inspector” means a health inspector a ppointed under the 
Act and includes a person vested with the powers of a health 
inspector;  
(f)  “hepatitis” means hepatitis-B or hepatitis-C; 
(g) “hepatitis test” means a medical procedure administered for 
diagnostic or clinical purposes to determine the presence or 
otherwise of hepatitis virus in an individual; 
(h)  “hepatitis transmission" means the transfer of hepatitis to an 
uninfected person through any mode of transmission; 
(i) “infant” means a child below the age of one year; 
(j) “medical practition er” means a doctor registered with Pakistan 
Medical and Dental Council;  
(k) "patient" means a person who has been diagnosed as suffering 
from hepatitis virus infection; 
                                                 
1This Act was passed by the Provincial Assembly of the Punjab on 14.03. 2018; assented to by the Governor of the Punjab on 
19 March 2018; and, was published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6665-6671. 
 
 
(l) "prescribed" means prescribed by the rules; 
(m)  "rules" means the rules made under the Act; 
(n) “surgical procedure” means a procedure involving incision of any 
part of human body with any instrument for medical purposes 
and includes a dental procedure, ear or nose piercing or 
circumcision; and  
(o) “Surveillance System” means the syst em of surveillance 
established under the Act. 
3. Surveillance System.– (1) The Government shall, by notification, establish a 
Surveillance System for the prevention, diagnosis and treatment of hepatitis and for 
the support of patients. 
(2)  The Surveillance System shall be responsible for:  
 (a) provision of services for the diagnosis of hepatitis, treatment of 
patients and for counseling the patients and their families; 
(b) provision of risk -reduction information, emotional support and 
other social and health safety measures for the patients; 
(c) conduct of surveillance and epidemiological studies of the 
patients; 
(d) collection and analysis of data and record of patients including 
vaccination history and, subject to the Act, keep confidentia l that 
data and record;  
(e) developing guidelines and arranging training for medical 
practitioners and healthcare workers for the prevention, 
detection, diagnosis, treatment, therapeutic decision-making and 
against transmission and spread of hepatitis; 
(f) coordination with educational institutions for purposes of 
awareness campaigns about hepatitis; 
(g) devising and commissioning of communication and awareness 
strategies for the prevention and treatment of hepatitis; 
(h) ensuring periodic hepatitis tests for healthcare workers and 
members of the population vulnerable to hepatitis; and 
(i) such other matters as may be prescribed or as the Government 
may assign. 
(3) The Surveillance System shall be run, managed and carried out, in the 
prescribed manner, under the direct supervision and control of the Director General. 
(4) The Director General may, by general or special order, cause  the 
Surveillance System or a part thereof, to be carried out by any officer subordinate to 
him or by such other person as may be prescribed. 
4. Responsibility of a healthcare facility .– (1) The information about a patient 
as a result of hepatitis test at a healthcare facility shall immediately be sent to the 
Director General by that healthcare facility in the prescribed manner. 
 (2) The healthcare facility shall not itself subject the patient mentioned in 
subsection (1) to another hepatitis test but shall refer him to another healthcare 
facility for the second test after counseling him about the preventive measures.  
 
 
5. Auto-disabled syringes and needles.– (1) Subject to the rules, a pharmacy, 
medical store or any other person shall not sell or transfer a syringe or needle except 
an auto-disabled syringe or needle of such measurement as is prescribed. 
(2) The Government may, by notification, allow a healthcare facility or a 
class of healthcare facilities to use standard syringes and needles or auto -disabled 
syringes or needles beyond specific measurement under the supervision of a 
medical practitioner subject to their proper disposal. 
6. Hospital waste disposal .– A healthcare facility shall ensure timely and 
proper disposal of hospital waste including disposa l of used syringes, needles and 
biomedical waste. 
7. Safe blood transfusion.– A person shall not inject or allow any other person 
to inject blood, blood component or blood product unless it is: 
(a) prescribed by a medical practitioner; 
(b) screened and saf e blood in terms of the Punjab Blood 
Transfusion Safety Act 2016 (XLVI of 2016); and 
(c) transfused in the prescribed manner. 
8. Dialysis and surgeries.– (1) A healthcare facility shall not conduct or allow to 
be conducted dialysis of a person unless he is subjected to a hepatitis test.  
(2) Subject to the rules and advice of a medical practitioner, the dialysis of 
a patient may be conducted on the dialysis machine exclusively allocated for the 
dialysis of such patients. 
(3) A healthcare facility or any oth er person shall ensure previous 
sterilization of equipment used in any surgical procedure including pricking of a 
human body. 
(4) No person shall conduct a dialysis or surgical process unless he 
possesses the requisite competence, skill and authority for the purpose. 
9. Organ transplant .– (1) A medical practitioner shall not transplant human 
organ or tissue of a donor to a recipient unless both of them are subjected to a prior 
hepatitis test.  
(2) Subject to the rules and any other law, a patient may donate  an organ 
or tissue to another patient with the same genotype of hepatitis. 
10. Disclosure.– The healthcare facility may, in the prescribed manner, offer 
counseling and information to a patient, members of his family, any other person 
related to him and th e healthcare workers about the possible risk of hepatitis 
transmission when exposed to hepatitis.  
11. Diagnostic services.– (1) The Government may provide for a hepatitis test, 
diagnosis and treatment at any public healthcare facility.  
(2) The Government shall make arrangements for the maintenance of data 
and record of the patients and cause transmission of such data and record to the 
Surveillance System. 
12. Awareness.– The Government may, from time to time, launch an awareness 
campaign about: 
(a) the modes of transmission of hepatitis; 
 
 
(b) preventive measures for protection against hepatitis; and 
(c) general awareness on the incidence of hepatitis. 
13. Duties of certain persons .– (1) The owner of a saloon, beauty parlor  or 
barber shop shall, in the prescribed manner, display at his workplace necessary 
preventive measures against transmission of hepatitis. 
(2) An overseas employment or studies’ agency shall, in the prescribed 
manner, display at its business place informat ion for the prospective overseas 
travellers about the risks of hepatitis transmission. 
14.  Testing services .– The Government may provide for a free of charge 
hepatitis test at any public healthcare facility or provide incentive to a private 
healthcare facility for the test at such subsidized rates as may be prescribed.  
15. Obligations towards a pregnant woman .– (1) A healthcare facility shall 
conduct a hepatitis test of a pregnant woman visiting that facility for any treatment 
and shall ensure that she re ceives appropriate information and counselling on the 
implications of the incidence of hepatitis for her and the foetus. 
 (2) The healthcare facility shall advise the pregnant woman about the 
proper care and the follow-up tests at regular intervals. 
16. Mandatory hepatitis test .– (1) No one will join a Government service  or 
employment in relation to the affairs of the Province or a body or authority 
established or controlled by the Government or a factory or an establishment, unless 
he produces a certificate of the hepatitis test.  
(2) Nothing contained in this section and subject to such exceptions as 
may be prescribed, shall be construed to permit an employer to refuse employment 
to a patient or his retention in employment on the ground that he suffers f rom 
hepatitis. 
(3) In this section, the expressions ‘factory’ and ‘establishment’ shall have 
the same meanings as respectively assigned to them under the Factories Act, 1934 
(XXV of 1934)  and the Punjab Shops and Establishments Ordinance, 1969 (VIII of 
1969). 
 (4) A player or sportsman shall not be allowed to participate in the 
Provincial games or the games held by the Provincial Sports Board unless he 
produces a certificate from a public healthcare facility indicating that he is not a 
patient. 
17. Testing of prisoners.– The Jail Superintendent, shall, as soon as may be but 
not later than seven days after the inmate or prisoner is lodged in the prison, cause 
every inmate or prisoner subjected to a hepatitis test. 
18. Test of persons involved in  an occurrence.– (1) A court may, on its own 
accord or on the application of a public prosecutor or victim of an offence or an 
accused, direct any public healthcare facility to subject the victim or the accused to a 
hepatitis test when the occurrence suggests transfer of bodily fluids between them. 
(2) A copy of the report from the public healthcare facility, showing the 
victim or the accused to be a patient, shall be supplied to each of them. 
19. Voluntary vaccination .– Subject to the Act and the rules, the Governmen t 
may make hepatitis -B vaccine available at every public healthcare facility and 
 
 
provide incentive to private healthcare facilities for administering hepatitis -B vaccine 
to the public at such subsidized rates as may be prescribed.  
20. Compulsory vaccination of infants .– (1) Subject to exemption under 
subsection (2), it shall be the duty of a  parent or guardian to cause vaccination for 
hepatitis-B administered to an infant. 
 (2) A parent or guardian may, in relation to administering vaccine for 
hepatitis-B to an infant, obtain an exemption, in the prescribed form, from a medical 
practitioner designated by the Government for such period as is determined by the 
medical practitioner.  
21. Healthcare facilities .– (1) The Government may establish, mainta in or 
declare healthcare facilities to administer vaccination to all infants and shall 
constitute teams of healthcare workers to outreach them. 
 (2) A healthcare facility shall display at prominent place information about 
the vaccination of hepatitis -B and special programme for vaccination campaigns for 
the infants. 
(3) A healthcare worker shall administer vaccine of hepatitis-B to all infants 
residing within the area allocated to him. 
 (4) A designated healthcare facility shall cause issuance of a certificate of 
vaccination of hepatitis-B to the parent or guardian of the infant to whom vaccine has 
been administered.  
(5) A copy of the certificate under subsection (4) shall be sent to the 
relevant local authority for making it part of the birth register maintained by it.  
22. Information of vaccination .– (1) A copy of the medical exemption under 
section 20 shall, within ninety days of its issuance, be sent by the parent or guardian of 
the infant to the relevant local authority. 
 (2) The local authority shall incorporate the information of vaccination under 
the preceding section or exemption in the birth register of the infant and shall, in the 
prescribed manner, communicate the information to the Surveillance System. 
(3)  A local authority shall not issue a birth certificate of an infant when 
information of hepatitis-B vaccination of that infant has not been provided to it. 
23. Duty of an educational institution .– A primary or elementary school or 
madrassah shall, at the time of admission of a child, enquire about the administration of 
vaccination of hepatitis-B to that child and shall communicate the information to the 
nearest healthcare facility. 
24.  Vaccination of certain persons .– The Government may, by general or 
special order, direct that a class of persons shall, within the time specified in the 
order, get administered themselves vaccination of hepatitis -B and make a report of 
such vaccination to the Surveillance System.  
25. Health Inspectors .– (1) The Government may, by notification in the official 
Gazette, appoint health inspectors or confer powers of a health inspector on any 
person for a specified area. 
 (2) A team of two or more health inspectors may, in the prescribed 
manner, inspect any healthcare facility, barber shop, saloon or any other similar 
place where preventive measures are required to be taken under the Act. 
 
 
 
26. Powers of Health Inspectors .– A team of two or more health inspectors 
may: 
(a) in the prescribed manner, issue directions to any person for 
compliance with the provisions of the Act and the rules within such 
reasonable time as he may determine and if that person fails to do 
so within the stipulated time, the health inspector may, after due 
notice, award him administrative penalty at the rate of rupees five 
thousand for each day the default continues; and 
(b) initiate prosecution against the person committing an offence 
under the Act. 
27. Penalties.– (1) A patient who intentionally transmits hepatitis t o a healthy 
person shall be liable to imprisonment which may extend to one month and fine 
which may extend to fifty thousand rupees. 
(2) Any person who publishes or causes publishing of the confidential 
health information of a patient in contravention of t he Act shall be liable to 
imprisonment which may extend to three months and fine which may extend to one 
hundred thousand rupees. 
 (3) Any person who intentionally transmits or exposes others to the risk of 
hepatitis transmission or attempts to transmit hepatitis shall be liable to imprisonment 
which may extend to three years and fine which may extend to two hundred 
thousand rupees.  
 (4) Any person, who is under a duty to prevent transmission of hepatitis, 
negligently aids or abets transmission of hepatitis, shall be liable to imprisonment 
which may extend to six months and fine which may extend to three million rupees. 
 (5) Any person who violates any provisions of the Act for which no 
punishment is otherwise provided in the Act shall be liable to imprisonment for a term 
which may extend to one month and fine which may extend to fifty thousand rupees. 
28. Offences by companies .– (1) Where an offence under the Act is committed 
by a company or a firm, every person, who at the time of the commission of  the 
offence, is a director or partner in that company or, as the case may be, firm, shall be 
liable to punishment under the Act as if the offence has been committed by him.  
 (2)  Notwithstanding anything contained in subsection (1), where it is 
proved that the commission of offence under the Act, is caused due to negligence of 
any director, manager, secretary or other officer of the company  or a firm, such 
director, manager, secretary or other officer shall also be liable to punishment under 
the Act.  
 
29. Cognizance.– An offence under the Act shall be non -cognizable and shall be 
tried in a summary manner in accordance with the provisions of Chapter XXII of the 
Code of Criminal Procedure, 1898 (V of 1898), except the offence under subsection 
(3) of section 27 of the Act.  
 
30. Compounding of offence.– (1) Subject to subsection (2), the Government or 
an officer authorized in this behalf by the Government, may at any stage, compound 
an offence under the Act subject to the deposit of penalty which shall not b e less 
than twenty-five thousand rupees.  
 
 
 (2) An offence committed by a previous convict under the Act shall not be 
compounded under subsection (1).  
 
31. Public servants.– A Health Inspector and every member of the staff engaged 
in the Surveillance System shall be deemed to be a public servant under section 21 
of the Pakistan Penal Code, 1860 (XLV of 1860).  
 
32. Monitoring and evaluation.– (1) The Director General shall, in January each 
year, submit a report on the incidence of hepatitis in the Province to the Government. 
 (2) The report shall include: 
  (a) the number of recorded patients in the Province, mapping the 
places of highest concentrations; 
  (b) reasons for increase or decrease in the number of patients; 
  (c) performance of the Surveillance System and health inspectors; 
  (d) recommendations for combating transmission of hepatitis and 
welfare of patients; and  
  (e) monitoring and evaluation of performance aud it for enforcement 
of the Act.  
 (3) The Government shall take appropriate action and give directions in the 
light of the report and the Director General shall give effect to such directions. 
 (4) The Government shall, at least once in a year, conduct or c ause to be 
conducted, monitoring and evaluation or performance audit of the health inspectors 
and Surveillance System. 
 (5) On the basis of the monitoring and evaluation conducted under 
subsection (1), the Government shall give appropriate directions to th e Director 
General or to any other authority for purposes of improving the Surveillance System 
and discharge of functions under the Act. 
33. Delegation of powers .– The Government may direct that any power 
exercisable by it under the Act shall, in such circ umstances and under such 
conditions as it may determine, be exercisable also by an officer subordinate to it or 
by a local government or authority. 
 
34. Indemnity.– No suit, prosecution or other legal proceedings shall lie against 
the Government, Director General or any other person engaged in the Surveillance 
System for anything which is in good faith done or intended to be done under the Act 
or the rules.  
 
35. Power to make rules.– (1) The Government may, by notification in the official 
Gazette, make rules to carry out the purposes of the Act. 
 (2)  Without prejudice to the generality of provisions of subsection (1), the 
rules may provide for any of the following matters:  
(a)  hepatitis testing and vaccination of hepatitis-B; 
(b) epidemiological studies of the hepatitis positive patients;  
(c)  recognition of testing centers and pathology laboratories for 
conducting hepatitis tests; 
(d) technologies for self-testing of hepatitis;  
 
 
(e) data protection of data relating to personal or infection rela ted 
information of the patients;  
(f) universal precautions and post exposure prophylaxis protocols;  
(g) auto-disabled syringes and needles; 
(h)  drug substitution, drug maintenance and needle -syringe 
exchange programme;  
(i)  the procedures to be followed by the health inspectors;  
(j) hepatitis surveillance and information system; and 
(k)  setting up a toll free help line.  
36. Removal of difficulties .– If any difficulty arises in giving effect to the 
provisions of the Act, the Government may, by an order, not inconsistent with the 
provisions of the Act, remove the difficulty. 
 
37. Repeal.– The Punjab Hepatitis Ordinance 2017  (XV of 2017) is  hereby 
repealed.