{ "schema_version": "qanun-law-text/1", "id": "punjab-code-d6150c25b373d9bc", "title": "PUNJAB HEPATITIS ACT 2018", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VWNTZ1RrUGI-", "version": null, "source_snapshot": "2026-08-06T16:56:53Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "6578bde05dd0af8516bd15b70eb216ce83cbdaf377641bbf717824207ad4c4a5", "source_sha256": "6578bde05dd0af8516bd15b70eb216ce83cbdaf377641bbf717824207ad4c4a5", "text_version_id": "law:punjab-code-d6150c25b373d9bc:sha256:6578bde05dd0af8516bd15b70eb216ce83cbdaf377641bbf717824207ad4c4a5", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB HEPATITIS ACT 2018 \r\n(XII of 2018) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Surveillance System \r\n4. Responsibility of a healthcare facility \r\n5. Auto-disabled syringes and needles \r\n6. Hospital waste disposal \r\n7. Safe blood transfusion \r\n8. Dialysis and surgeries \r\n9. Organ transplant \r\n10. Disclosure \r\n11. Diagnostic services \r\n12. Awareness \r\n13. Duties of certain persons \r\n14. Testing services \r\n15. Obligations towards a pregnant woman \r\n16. Mandatory hepatitis test \r\n17. Testing of prisoners \r\n18. Test of persons involved in an occurrence \r\n19. Voluntary vaccination \r\n20. Compulsory vaccination of infants \r\n21. Healthcare facilities \r\n22. Information of vaccination \r\n23. Duty of an educational institution \r\n24. Vaccination of certain persons \r\n25. Health Inspectors \r\n26. Powers of Health Inspectors \r\n \r\n \r\n27. Penalties \r\n28. Offences by companies \r\n29. Cognizance \r\n30. Compounding of offence \r\n31. Public servants \r\n32. Monitoring and evaluation \r\n33. Delegation of powers \r\n34. Indemnity \r\n35. Power to make rules \r\n36. Removal of difficulties \r\n37. Repeal \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB HEPATITIS ACT 2018 \r\n(XII of 2018) \r\n[19 March, 2018] \r\nAn \r\nAct \r\nto provide for surveillance, diagnosis and treatment of hepatitis. \r\nIt is necessary to provide for the surveillance, diagnosis and treatment of hepatitis, \r\nfor the enforcement of measures to prevent and control its spread and for incidental \r\npurposes. \r\nBe it enacted by the Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement. – (1) This Act may be cited as the \r\nPunjab Hepatitis Act 2018. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Hepatitis Act 2018; \r\n(b) “Director General” means the Director General Health Services, \r\nPunjab; \r\n(c) “Government” means Government of the Punjab; \r\n(d) “healthcare facility” means a hospital, diagnostic center, medical \r\nclinic, nursing home, maternity home, dental clinic, homeopathy \r\nclinic, tibb clinic, acupuncture clinic, physiotherapy clinic or any \r\nother premises or conveyance, wholly or partly, used for \r\nproviding healthcare services; \r\n(e) “health inspector” means a health inspector a ppointed under the \r\nAct and includes a person vested with the powers of a health \r\ninspector; \r\n(f) “hepatitis” means hepatitis-B or hepatitis-C; \r\n(g) “hepatitis test” means a medical procedure administered for \r\ndiagnostic or clinical purposes to determine the presence or \r\notherwise of hepatitis virus in an individual; \r\n(h) “hepatitis transmission\" means the transfer of hepatitis to an \r\nuninfected person through any mode of transmission; \r\n(i) “infant” means a child below the age of one year; \r\n(j) “medical practition er” means a doctor registered with Pakistan \r\nMedical and Dental Council; \r\n(k) \"patient\" means a person who has been diagnosed as suffering \r\nfrom hepatitis virus infection; \r\n \r\n1This Act was passed by the Provincial Assembly of the Punjab on 14.03. 2018; assented to by the Governor of the Punjab on \r\n19 March 2018; and, was published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6665-6671. \r\n \r\n \r\n(l) \"prescribed\" means prescribed by the rules; \r\n(m) \"rules\" means the rules made under the Act; \r\n(n) “surgical procedure” means a procedure involving incision of any \r\npart of human body with any instrument for medical purposes \r\nand includes a dental procedure, ear or nose piercing or \r\ncircumcision; and \r\n(o) “Surveillance System” means the syst em of surveillance \r\nestablished under the Act. \r\n3. Surveillance System.– (1) The Government shall, by notification, establish a \r\nSurveillance System for the prevention, diagnosis and treatment of hepatitis and for \r\nthe support of patients. \r\n(2) The Surveillance System shall be responsible for: \r\n (a) provision of services for the diagnosis of hepatitis, treatment of \r\npatients and for counseling the patients and their families; \r\n(b) provision of risk -reduction information, emotional support and \r\nother social and health safety measures for the patients; \r\n(c) conduct of surveillance and epidemiological studies of the \r\npatients; \r\n(d) collection and analysis of data and record of patients including \r\nvaccination history and, subject to the Act, keep confidentia l that \r\ndata and record; \r\n(e) developing guidelines and arranging training for medical \r\npractitioners and healthcare workers for the prevention, \r\ndetection, diagnosis, treatment, therapeutic decision-making and \r\nagainst transmission and spread of hepatitis; \r\n(f) coordination with educational institutions for purposes of \r\nawareness campaigns about hepatitis; \r\n(g) devising and commissioning of communication and awareness \r\nstrategies for the prevention and treatment of hepatitis; \r\n(h) ensuring periodic hepatitis tests for healthcare workers and \r\nmembers of the population vulnerable to hepatitis; and \r\n(i) such other matters as may be prescribed or as the Government \r\nmay assign. \r\n(3) The Surveillance System shall be run, managed and carried out, in the \r\nprescribed manner, under the direct supervision and control of the Director General. \r\n(4) The Director General may, by general or special order, cause the \r\nSurveillance System or a part thereof, to be carried out by any officer subordinate to \r\nhim or by such other person as may be prescribed. \r\n4. Responsibility of a healthcare facility .– (1) The information about a patient \r\nas a result of hepatitis test at a healthcare facility shall immediately be sent to the \r\nDirector General by that healthcare facility in the prescribed manner. \r\n (2) The healthcare facility shall not itself subject the patient mentioned in \r\nsubsection (1) to another hepatitis test but shall refer him to another healthcare \r\nfacility for the second test after counseling him about the preventive measures. \r\n \r\n \r\n5. Auto-disabled syringes and needles.– (1) Subject to the rules, a pharmacy, \r\nmedical store or any other person shall not sell or transfer a syringe or needle except \r\nan auto-disabled syringe or needle of such measurement as is prescribed. \r\n(2) The Government may, by notification, allow a healthcare facility or a \r\nclass of healthcare facilities to use standard syringes and needles or auto -disabled \r\nsyringes or needles beyond specific measurement under the supervision of a \r\nmedical practitioner subject to their proper disposal. \r\n6. Hospital waste disposal .– A healthcare facility shall ensure timely and \r\nproper disposal of hospital waste including disposa l of used syringes, needles and \r\nbiomedical waste. \r\n7. Safe blood transfusion.– A person shall not inject or allow any other person \r\nto inject blood, blood component or blood product unless it is: \r\n(a) prescribed by a medical practitioner; \r\n(b) screened and saf e blood in terms of the Punjab Blood \r\nTransfusion Safety Act 2016 (XLVI of 2016); and \r\n(c) transfused in the prescribed manner. \r\n8. Dialysis and surgeries.– (1) A healthcare facility shall not conduct or allow to \r\nbe conducted dialysis of a person unless he is subjected to a hepatitis test. \r\n(2) Subject to the rules and advice of a medical practitioner, the dialysis of \r\na patient may be conducted on the dialysis machine exclusively allocated for the \r\ndialysis of such patients. \r\n(3) A healthcare facility or any oth er person shall ensure previous \r\nsterilization of equipment used in any surgical procedure including pricking of a \r\nhuman body. \r\n(4) No person shall conduct a dialysis or surgical process unless he \r\npossesses the requisite competence, skill and authority for the purpose. \r\n9. Organ transplant .– (1) A medical practitioner shall not transplant human \r\norgan or tissue of a donor to a recipient unless both of them are subjected to a prior \r\nhepatitis test. \r\n(2) Subject to the rules and any other law, a patient may donate an organ \r\nor tissue to another patient with the same genotype of hepatitis. \r\n10. Disclosure.– The healthcare facility may, in the prescribed manner, offer \r\ncounseling and information to a patient, members of his family, any other person \r\nrelated to him and th e healthcare workers about the possible risk of hepatitis \r\ntransmission when exposed to hepatitis. \r\n11. Diagnostic services.– (1) The Government may provide for a hepatitis test, \r\ndiagnosis and treatment at any public healthcare facility. \r\n(2) The Government shall make arrangements for the maintenance of data \r\nand record of the patients and cause transmission of such data and record to the \r\nSurveillance System. \r\n12. Awareness.– The Government may, from time to time, launch an awareness \r\ncampaign about: \r\n(a) the modes of transmission of hepatitis; \r\n \r\n \r\n(b) preventive measures for protection against hepatitis; and \r\n(c) general awareness on the incidence of hepatitis. \r\n13. Duties of certain persons .– (1) The owner of a saloon, beauty parlor or \r\nbarber shop shall, in the prescribed manner, display at his workplace necessary \r\npreventive measures against transmission of hepatitis. \r\n(2) An overseas employment or studies’ agency shall, in the prescribed \r\nmanner, display at its business place informat ion for the prospective overseas \r\ntravellers about the risks of hepatitis transmission. \r\n14. Testing services .– The Government may provide for a free of charge \r\nhepatitis test at any public healthcare facility or provide incentive to a private \r\nhealthcare facility for the test at such subsidized rates as may be prescribed. \r\n15. Obligations towards a pregnant woman .– (1) A healthcare facility shall \r\nconduct a hepatitis test of a pregnant woman visiting that facility for any treatment \r\nand shall ensure that she re ceives appropriate information and counselling on the \r\nimplications of the incidence of hepatitis for her and the foetus. \r\n (2) The healthcare facility shall advise the pregnant woman about the \r\nproper care and the follow-up tests at regular intervals. \r\n16. Mandatory hepatitis test .– (1) No one will join a Government service or \r\nemployment in relation to the affairs of the Province or a body or authority \r\nestablished or controlled by the Government or a factory or an establishment, unless \r\nhe produces a certificate of the hepatitis test. \r\n(2) Nothing contained in this section and subject to such exceptions as \r\nmay be prescribed, shall be construed to permit an employer to refuse employment \r\nto a patient or his retention in employment on the ground that he suffers f rom \r\nhepatitis. \r\n(3) In this section, the expressions ‘factory’ and ‘establishment’ shall have \r\nthe same meanings as respectively assigned to them under the Factories Act, 1934 \r\n(XXV of 1934) and the Punjab Shops and Establishments Ordinance, 1969 (VIII of \r\n1969). \r\n (4) A player or sportsman shall not be allowed to participate in the \r\nProvincial games or the games held by the Provincial Sports Board unless he \r\nproduces a certificate from a public healthcare facility indicating that he is not a \r\npatient. \r\n17. Testing of prisoners.– The Jail Superintendent, shall, as soon as may be but \r\nnot later than seven days after the inmate or prisoner is lodged in the prison, cause \r\nevery inmate or prisoner subjected to a hepatitis test. \r\n18. Test of persons involved in an occurrence.– (1) A court may, on its own \r\naccord or on the application of a public prosecutor or victim of an offence or an \r\naccused, direct any public healthcare facility to subject the victim or the accused to a \r\nhepatitis test when the occurrence suggests transfer of bodily fluids between them. \r\n(2) A copy of the report from the public healthcare facility, showing the \r\nvictim or the accused to be a patient, shall be supplied to each of them. \r\n19. Voluntary vaccination .– Subject to the Act and the rules, the Governmen t \r\nmay make hepatitis -B vaccine available at every public healthcare facility and \r\n \r\n \r\nprovide incentive to private healthcare facilities for administering hepatitis -B vaccine \r\nto the public at such subsidized rates as may be prescribed. \r\n20. Compulsory vaccination of infants .– (1) Subject to exemption under \r\nsubsection (2), it shall be the duty of a parent or guardian to cause vaccination for \r\nhepatitis-B administered to an infant. \r\n (2) A parent or guardian may, in relation to administering vaccine for \r\nhepatitis-B to an infant, obtain an exemption, in the prescribed form, from a medical \r\npractitioner designated by the Government for such period as is determined by the \r\nmedical practitioner. \r\n21. Healthcare facilities .– (1) The Government may establish, mainta in or \r\ndeclare healthcare facilities to administer vaccination to all infants and shall \r\nconstitute teams of healthcare workers to outreach them. \r\n (2) A healthcare facility shall display at prominent place information about \r\nthe vaccination of hepatitis -B and special programme for vaccination campaigns for \r\nthe infants. \r\n(3) A healthcare worker shall administer vaccine of hepatitis-B to all infants \r\nresiding within the area allocated to him. \r\n (4) A designated healthcare facility shall cause issuance of a certificate of \r\nvaccination of hepatitis-B to the parent or guardian of the infant to whom vaccine has \r\nbeen administered. \r\n(5) A copy of the certificate under subsection (4) shall be sent to the \r\nrelevant local authority for making it part of the birth register maintained by it. \r\n22. Information of vaccination .– (1) A copy of the medical exemption under \r\nsection 20 shall, within ninety days of its issuance, be sent by the parent or guardian of \r\nthe infant to the relevant local authority. \r\n (2) The local authority shall incorporate the information of vaccination under \r\nthe preceding section or exemption in the birth register of the infant and shall, in the \r\nprescribed manner, communicate the information to the Surveillance System. \r\n(3) A local authority shall not issue a birth certificate of an infant when \r\ninformation of hepatitis-B vaccination of that infant has not been provided to it. \r\n23. Duty of an educational institution .– A primary or elementary school or \r\nmadrassah shall, at the time of admission of a child, enquire about the administration of \r\nvaccination of hepatitis-B to that child and shall communicate the information to the \r\nnearest healthcare facility. \r\n24. Vaccination of certain persons .– The Government may, by general or \r\nspecial order, direct that a class of persons shall, within the time specified in the \r\norder, get administered themselves vaccination of hepatitis -B and make a report of \r\nsuch vaccination to the Surveillance System. \r\n25. Health Inspectors .– (1) The Government may, by notification in the official \r\nGazette, appoint health inspectors or confer powers of a health inspector on any \r\nperson for a specified area. \r\n (2) A team of two or more health inspectors may, in the prescribed \r\nmanner, inspect any healthcare facility, barber shop, saloon or any other similar \r\nplace where preventive measures are required to be taken under the Act. \r\n \r\n \r\n \r\n26. Powers of Health Inspectors .– A team of two or more health inspectors \r\nmay: \r\n(a) in the prescribed manner, issue directions to any person for \r\ncompliance with the provisions of the Act and the rules within such \r\nreasonable time as he may determine and if that person fails to do \r\nso within the stipulated time, the health inspector may, after due \r\nnotice, award him administrative penalty at the rate of rupees five \r\nthousand for each day the default continues; and \r\n(b) initiate prosecution against the person committing an offence \r\nunder the Act. \r\n27. Penalties.– (1) A patient who intentionally transmits hepatitis t o a healthy \r\nperson shall be liable to imprisonment which may extend to one month and fine \r\nwhich may extend to fifty thousand rupees. \r\n(2) Any person who publishes or causes publishing of the confidential \r\nhealth information of a patient in contravention of t he Act shall be liable to \r\nimprisonment which may extend to three months and fine which may extend to one \r\nhundred thousand rupees. \r\n (3) Any person who intentionally transmits or exposes others to the risk of \r\nhepatitis transmission or attempts to transmit hepatitis shall be liable to imprisonment \r\nwhich may extend to three years and fine which may extend to two hundred \r\nthousand rupees. \r\n (4) Any person, who is under a duty to prevent transmission of hepatitis, \r\nnegligently aids or abets transmission of hepatitis, shall be liable to imprisonment \r\nwhich may extend to six months and fine which may extend to three million rupees. \r\n (5) Any person who violates any provisions of the Act for which no \r\npunishment is otherwise provided in the Act shall be liable to imprisonment for a term \r\nwhich may extend to one month and fine which may extend to fifty thousand rupees. \r\n28. Offences by companies .– (1) Where an offence under the Act is committed \r\nby a company or a firm, every person, who at the time of the commission of the \r\noffence, is a director or partner in that company or, as the case may be, firm, shall be \r\nliable to punishment under the Act as if the offence has been committed by him. \r\n (2) Notwithstanding anything contained in subsection (1), where it is \r\nproved that the commission of offence under the Act, is caused due to negligence of \r\nany director, manager, secretary or other officer of the company or a firm, such \r\ndirector, manager, secretary or other officer shall also be liable to punishment under \r\nthe Act. \r\n \r\n29. Cognizance.– An offence under the Act shall be non -cognizable and shall be \r\ntried in a summary manner in accordance with the provisions of Chapter XXII of the \r\nCode of Criminal Procedure, 1898 (V of 1898), except the offence under subsection \r\n(3) of section 27 of the Act. \r\n \r\n30. Compounding of offence.– (1) Subject to subsection (2), the Government or \r\nan officer authorized in this behalf by the Government, may at any stage, compound \r\nan offence under the Act subject to the deposit of penalty which shall not b e less \r\nthan twenty-five thousand rupees. \r\n \r\n \r\n (2) An offence committed by a previous convict under the Act shall not be \r\ncompounded under subsection (1). \r\n \r\n31. Public servants.– A Health Inspector and every member of the staff engaged \r\nin the Surveillance System shall be deemed to be a public servant under section 21 \r\nof the Pakistan Penal Code, 1860 (XLV of 1860). \r\n \r\n32. Monitoring and evaluation.– (1) The Director General shall, in January each \r\nyear, submit a report on the incidence of hepatitis in the Province to the Government. \r\n (2) The report shall include: \r\n (a) the number of recorded patients in the Province, mapping the \r\nplaces of highest concentrations; \r\n (b) reasons for increase or decrease in the number of patients; \r\n (c) performance of the Surveillance System and health inspectors; \r\n (d) recommendations for combating transmission of hepatitis and \r\nwelfare of patients; and \r\n (e) monitoring and evaluation of performance aud it for enforcement \r\nof the Act. \r\n (3) The Government shall take appropriate action and give directions in the \r\nlight of the report and the Director General shall give effect to such directions. \r\n (4) The Government shall, at least once in a year, conduct or c ause to be \r\nconducted, monitoring and evaluation or performance audit of the health inspectors \r\nand Surveillance System. \r\n (5) On the basis of the monitoring and evaluation conducted under \r\nsubsection (1), the Government shall give appropriate directions to th e Director \r\nGeneral or to any other authority for purposes of improving the Surveillance System \r\nand discharge of functions under the Act. \r\n33. Delegation of powers .– The Government may direct that any power \r\nexercisable by it under the Act shall, in such circ umstances and under such \r\nconditions as it may determine, be exercisable also by an officer subordinate to it or \r\nby a local government or authority. \r\n \r\n34. Indemnity.– No suit, prosecution or other legal proceedings shall lie against \r\nthe Government, Director General or any other person engaged in the Surveillance \r\nSystem for anything which is in good faith done or intended to be done under the Act \r\nor the rules. \r\n \r\n35. Power to make rules.– (1) The Government may, by notification in the official \r\nGazette, make rules to carry out the purposes of the Act. \r\n (2) Without prejudice to the generality of provisions of subsection (1), the \r\nrules may provide for any of the following matters: \r\n(a) hepatitis testing and vaccination of hepatitis-B; \r\n(b) epidemiological studies of the hepatitis positive patients; \r\n(c) recognition of testing centers and pathology laboratories for \r\nconducting hepatitis tests; \r\n(d) technologies for self-testing of hepatitis; \r\n \r\n \r\n(e) data protection of data relating to personal or infection rela ted \r\ninformation of the patients; \r\n(f) universal precautions and post exposure prophylaxis protocols; \r\n(g) auto-disabled syringes and needles; \r\n(h) drug substitution, drug maintenance and needle -syringe \r\nexchange programme; \r\n(i) the procedures to be followed by the health inspectors; \r\n(j) hepatitis surveillance and information system; and \r\n(k) setting up a toll free help line. \r\n36. Removal of difficulties .– If any difficulty arises in giving effect to the \r\nprovisions of the Act, the Government may, by an order, not inconsistent with the \r\nprovisions of the Act, remove the difficulty. \r\n \r\n37. Repeal.– The Punjab Hepatitis Ordinance 2017 (XV of 2017) is hereby \r\nrepealed.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-d6150c25b373d9bc:sha256:6578bde05dd0af8516bd15b70eb216ce83cbdaf377641bbf717824207ad4c4a5:chars-0-1786:f8fc2d2b8b35c12449baec1fefa1915b0ff285925a351a651dab296eb591d7ec", "character_start": 0, "character_end": 1786, "utf8_byte_start": 0, "utf8_byte_end": 1790, "passage_sha256": "f8fc2d2b8b35c12449baec1fefa1915b0ff285925a351a651dab296eb591d7ec", "reader_fragment": "p-0-1786-f8fc2d2b8b35c124" }, { "passage_id": "law:punjab-code-d6150c25b373d9bc:sha256:6578bde05dd0af8516bd15b70eb216ce83cbdaf377641bbf717824207ad4c4a5:chars-1786-3556:8e34cd89c96a257636d121779e0a6162f2388052fcf1b986d4fdaaab1b0e3366", "character_start": 1786, "character_end": 3556, "utf8_byte_start": 1790, "utf8_byte_end": 3602, "passage_sha256": 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