ORDER 1. After the passing of the order dated 21-4-1997 affidavits have been filed on behalf of various State Governments and administrations of Union Territories. We have perused the said affidavits. 2. Lakshadweep: In the affidavit of Shri P.M. Koya filed on behalf of the Union Territory of Lakshadweep it is stated that there is no Blood Bank (licensed or unlicensed) which undertakes the task of collecting, testing and storing blood in the Union Territory of Lakshadweep and the blood transfusion is being made only in emergency cases accepting blood from the relatives and friends after proper testing. It is further stated that the Administration has already proposed to establish one Blood Bank attached to Aids Control Cell at Indira Gandhi Hospital, Kavaratti and that National Aids Control Organisation (NACO) has agreed to provide fund for its modernisation and infrastructure. It is also stated that there has been delay in setting up of the State Council for Union Territory of Lakshadweep for the reason that there is no Medical Institution, other than the Government Hospitals, Community Health Centres and Primary Health Centres in Lakshadweep and that there are also no Blood Banks, Red Cross Society, separate Drug Controller, experts in Blood Transfusion Medicine, Nodal Blood Centres etc. and that, therefore, it is proposed to include representatives of such organisations from the State of Kerala and time was taken in consultation with different agencies at various stages. It is stated that the Administration has already finalised the draft Memorandum of Association, rules, etc. as per the guidelines issued by the Ministry and that the society will be registered soon. Having regard to the facts and circumstances referred to above, we are of the opinion that the steps that have been taken so far are in consonance with the directions given by this Court. The Union Territory of Lakshadweep is directed to file an affidavit soon after the State Blood Transfusion Council is constituted and registered. 3. Himachal Pradesh: On behalf of the State of Himachal Pradesh the affidavit of Shri C.P. Sujaya, Financial Commissioner-cum-Secretary (Health), has been filed wherein it is stated that the State Blood Transfusion Council has been constituted by the Himachal Pradesh Government and has been registered as a Society under the Societies Registration Act dated 29-6996. 3. Himachal Pradesh: On behalf of the State of Himachal Pradesh the affidavit of Shri C.P. Sujaya, Financial Commissioner-cum-Secretary (Health), has been filed wherein it is stated that the State Blood Transfusion Council has been constituted by the Himachal Pradesh Government and has been registered as a Society under the Societies Registration Act dated 29-6996. It is also stated that in the State of Himachal Pradesh there is no Blood Bank operating in the private sector at present and that all the 12 Blood Banks functioning in the State are located in Government Hospitals out of Which 8 Blood Banks have been licensed and the cases of the remaining 4 3lood Banks have been recommended to the Drugs Controller General India), who is the Central Licensing and Approving Authority for the Blood Banks, for approval. It is also stated that there are six posts of Drug Inspectors who are functioning under the guidance and supervision of Assistant Drug Controller/Licensing Authority, Himachal Pradesh and that all the six Drug Inspectors are duly qualified in blood banking operations. The State Government shall file an affidavit by 15-7-1997 indicating the position about licensing and functioning of the four unlicensed Blood Banks. 4. In this context it may be stated that in the judgment dated 4-1-1997 a specific direction has been given that the Union Government and the Governments of the States and Union Territories should ensure that within a period of not more than one year all Blood Banks operating in the country are duly licensed and if a Blood Bank is found ill-equipped for being licensed, and remains unlicensed after the expiry of the period of one year, its operations should be rendered impossible through suitable legal action. By order dated 17-2-1997 the said period was extended for three months from the date of passing of the order. The Drugs Controller General of India is directed that if any proposal has been received from the State of Himachal Pradesh for grant of licences in respect of the four Blood Banks referred to above the necessary decision should be taken on the same before the expiry of the period granted by this Court. The Drugs Controller General of India is directed that if any proposal has been received from the State of Himachal Pradesh for grant of licences in respect of the four Blood Banks referred to above the necessary decision should be taken on the same before the expiry of the period granted by this Court. If any of the unlicensed Blood Banks is not granted a licence before the expiry of the period fixed under orders of this Court the Union Government as well as the State Government shall ensure that the running of the said Blood Banks is discontinued after 17-5- 1997. 5. This direction not only applies to the Blood Banks in the State of Himachal Pradesh but it governs all unlicensed Blood Banks in the various States and Union Territories. 6. Arunachal Pradesh: The affidavit of Shri U.K. Mitra has been filed on behalf of the State of Arunachal Pradesh wherein it is stated that vide orders dated 22-4-1997 the Central Licence Approving Authority under the Directorate General of Health Services (Drugs Section), New Delhi has granted approval of licence for operating Blood Bank at General Hospital, Naharlagun, and the R.K. Mission Hospital, Itanagar but licence has been denied for operating Blood Bank at General Hospital, Pasighat. It is further stated that the Government of Arunachal Pradesh has taken steps to comply with the requirements for obtaining the licence. It is directed that the functioning of the Blood Bank at General Hospital, Pasighat should be discontinued if the licence for operating the Blood Bank is not obtained prior to 17-5-1997. 7. Haryana: In the affidavit of Shri D.P. Singhla, Deputy State Drugs a Controller, filed on behalf of the State of Haryana it is stated that all the 22 Blood Banks functioning in the State have been licensed by the State Licensing Authority and have been approved by the Central Licence Approving Authority. 8. Meghalaya: In the affidavit of Shri Mawshan Kharmujai, filed on behalf of the State of Meghalaya, it is stated that at present there are three licensed Blood Banks which are operational within the State of Meghalaya. It is further stated that the authorities of the Military Hospital, Shillong, have also applied to the Director General of Drugs, Government of India, seeking licence for opening of the Military Hospital Blood Bank at Shillong. It is further stated that the authorities of the Military Hospital, Shillong, have also applied to the Director General of Drugs, Government of India, seeking licence for opening of the Military Hospital Blood Bank at Shillong. The Government of Meghalaya is directed to file affidavit by 15-7-1997 stating the position as regards the action taken in respect of grant of licence to the Blood Bank at Military Hospital, Shillong. 9. Andhra Pradesh: The affidavit of Shri P.v. Raju has been filed on behalf of the State of Andhra Pradesh wherein it is stated that there are 104 Blood Banks in the State of Andhra Pradesh and out of them 51 are Government Blood Banks and 53 are private Blood Banks. The total number of Blood Banks which have obtained licences is 87 out of which 36 are Government Blood Banks and 51 are private Blood Banks. 17 Blood Banks are yet to obtain licences out of which 15 are Government Blood Banks and 2 are private Blood Banks. It is also stated that the Government of Andhra Pradesh have served an order on all the 17 unlicensed Blood Banks preventing them from functioning until they obtain licences and now they are not functioning. 10. Punjab: In the affidavit of Shri Rajesh Chhabra, Principal Secretary to Government of Punjab, Health and Family Welfare Department, it is stated that all the unlicensed Blood Banks are not working after 31-12-1996 and they will only be allowed to function when they will be approved and licensed by the Central License Approving Authority after the recommendations of the State Drugs Controlling Authority. In the said affidavit the number of licensed Blood Banks that are in operation in the State has not been given. It is directed that an affidavit be filed by 15-7-1997 indicating the number of licensed Blood Banks (Government as well as private) which are operational in the State of Punjab. 11. Maharashtra: In the affidavit of Shri Ramanand Tiwari, Secretary, Public Health Department and Secretary, Medical Education Department, it has been stated that there are 198 licensed Blood Banks in the State of Maharashtra as on 17-4-1997 and that there is no Blood Bank in the State of Maharashtra operating without licence. 12. 11. Maharashtra: In the affidavit of Shri Ramanand Tiwari, Secretary, Public Health Department and Secretary, Medical Education Department, it has been stated that there are 198 licensed Blood Banks in the State of Maharashtra as on 17-4-1997 and that there is no Blood Bank in the State of Maharashtra operating without licence. 12. Nagaland: Shri Kailash Vasdev, the learned counsel for the State of Nagaland, states that he has received instructions to the effect that there are three Blood Banks in the State of Nagaland which have not been licensed but proposal has been sent for approval to the Central Licence Approving Authority. He states that he will file an affidavit in this regard within two weeks. Time prayed for is allowed. The functioning of the three unlicensed Blood Banks would be governed by the direction given earlier in the context of the State of Himachal Pradesh. 13. Gujarat: In the affidavit of Shri Ashvin Ishah, Deputy Commissioner, Food and Drugs Control Administration, Gujarat State, it is stated that there are 111 Blood Banks which are licensed in the Gujarat State out of which 87 Blood Banks are licensed under the Old Policy and 24 Blood Banks are licensed under the New Policy. 5 applications are pending for licensing of Blood Banks before the Central Government and 17 applications are pending before the State Government. The said affidavit does not indicate whether the Blood Banks licensed under the Old Policy fulfil the requirements that have been laid down under the New Policy. The State Government shall ensure that the 87 Blood Banks which were licensed under the Old Policy meet the requirements which are laid down under the New Policy and should obtain approval in this regard from the Central Licence Approving Authority before 17-5-1997 failing which the operation of these Blood Banks which have not received such approval should be discontinued. As regards applications in respect of 22 Blood Banks which are pending the necessary steps to obtain licences be taken before the expiry of the time granted by this Court and if licences are not obtained by any of these Blood Banks by that date action should be taken for discontinuing the functioning of these Blood Banks which are not licensed. The State Government shall file an affidavit by 15-7 -1997 stating the position regarding the licensing of the Blood Banks in the State. 14. The State Government shall file an affidavit by 15-7 -1997 stating the position regarding the licensing of the Blood Banks in the State. 14. Mizoram: In the affidavit of Shri Haukhum Hauzel, Secretary to the Government of Mizoram, it is stated that there are three licensed Government Blood Banks and there are two licensed non-governmental private Blood Banks in the State of Mizoram. 15. Tamil Nadu: In the affidavit of Shri Thiru S. Ramakrishnan, it is stated that there are 200 Blood Banks in the State out of which licences have been obtained by 122 Blood Banks. It is further submitted that in respect of 11 Blood Banks proposal has been sent to the Drugs Controller of India, New Delhi for issuing licences and in respect of 42 Blood Banks applications for issue of licences have already been submitted and improvement works such as provision of Blood Bank Refrigerator with alarm device and temperature-recording thermograph, airconditioners etc. are in progress. The remaining 25 Blood Banks are not operational due to very low level of Blood collection. The State Government is directed to ensure that if licences are not obtained/approved by 17-5-1997, as per the order given by this Court, the functioning of the said unlicensed Blood Banks shall be discontinued. 16. The States of Assam, Bihar, Madhya Pradesh, Manipur, Orissa, Rajasthan, West Bengal, Karnataka, Sikkim and Uttar Pradesh, the National Capital Region of Delhi and the Union Territories of Chandigarh, Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands which were required to file the affidavit within four weeks under order dated 21-4- a 1997 have not filed affidavits so far. They shall file the necessary affidavits by 21-5-1997 indicating the position about the licensing and operation of the Blood Banks in the States/Union Territories. 17. The Union of India shall file a comprehensive affidavit by 15-7-1997 indicating the position as it stood on 17-5-1997 with regard to licensing and operation of Blood Banks in the States/Union Territories and the steps that have been taken to discontinue the operation of unlicensed Blood Banks in the various States and Union Territories. 18. List on 25-7-1997.