N.-W.F.P. (Medical Relief) Endowment Fund Act 2004

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ACT IV OF 2004

NORTH-WEST FRONTIER PROVINCE

(MEDCIAL RELIEF) ENDOWMENT FUND ACT, 2004

An Act to provide the establishment of Endowment Fund in the

North-West Frontier Province

[Gazette of N.-W.F.P., Extraordinary 26^th^ April, 2004]

No.PA/N.-W.F.P./Legis-1/2004/9120-25., dated 26-4-2004.- -- -The North-West Frontier Province (Medical Relief) Endowment Fund Bill, 2004 having been passed by the Provincial Assembly of North-West Frontier Province on the 31^st^ March, 2004 and assented to by the Governor of the North-West Frontier Province on 19th April, 2004 is hereby published as an Act of the Provincial Legislature of the North West Frontier Province.

Whereas it is expedient to provide for the establishment of Endowment Fund in the North-West Frontier Province, for providing medical relief and treatment to poor;

It is hereby enacted as follows:-

1. Short title, extent and commencement.---(1) This Act may be called the North-West Frontier Province (Medical Relief) Endowment Fund Act, 2004.

(2) It extends to whole of the North-West Frontier Province.

(3) It shall come into force at once.

2. Definitions.---In this Act, unless the context otherwise requires,--

(a) "Bank" means the financial institution in whose custody the proceeds of the Fund are kept and invested;

(b) "Committee" means the Committee established under section 7;

(c) "Fund" means the North-West Frontier Province Endowment Fund established under section 3;

(d) "Government" means the Government of the North-West Frontier Province;

(e) "medical relief" 'means medical treatment extended free of cost to poor in accordance with the provisions of this Act and the rules made there under;

(f) "poor" means a Mustahiq-e-Zakat and other needy people who cannot afford the expenditures relating to diseases covered under the scheme and identified as such by the referring institutions (hospitals);

(g) "prescribed" means prescribed by rules made under this Act and

(h) "rules" means rules made under this Act;

3. Establishment of Endowment Fund.---(1) As soon as may be after the commencement of this Act, Government shall established a Fund to be known as the North-West Frontier Province (Medical Relief) Endowment Fund;

(2) The Fund shall be established with an initial capital of rupees five, hundred million and may from time to time, be credited with-

(a) Government grants;

(b) donation by philanthropist; and

(c) income from any other source.

(3) The profit without interest from the Fund will be used for payment of expenses arising out of treatment of poor patients for the diseases specified in section 5 or notified thereunder.

4. Maintenance of Fund.--- Fund shall be kept and maintained through such Bank and invested upon in such manner as may be determined by the Committee.

5. Diseases covered under the Fund.---The profits accruing on the Fund will be utilized for providing medical relief to poor suffering from or requiring Open Heart Surgery, Angioplasy, placement of Pace Maker, Cancer, Advance Renal Failure, Dialysis, Hepatitis-C, and other serious diseases including Thalassemia and burn injuries, etc., as may be notified by the Committee.

6. Control and management of Fund.---The Fund shall be under control of, and operated upon by, the Committee.

7. Establishment of Committee.---(1) There shall be a Committee to carry out the purposes of the Act.

(2) The Committee shall consist of a Chairman and such members, as specified in section 8.

(3) Government may, as and when it feels desirable, replace a member or members by a notification in the Official Gazette.

(4) The Committee shall meet at such place and date as the Chairman may specify.

(5) The Committee shall evolve its own procedure for the conduct of its, business under this Act.

(6) No remuneration shall be admissible to the Chairman, any member or the Secretary of the Committee.

8. Composition of the Committee.---(1) The Committee referred to in section 7 shall consist of the following:

(a) Minister Health and Population Welfare, North Chairman.

West Frontier Province,.

(b) One Member each from the Opposition and Members.

Treasury Benches of the Provincial Assembly of

N.-W.F.P. to be nominated by the Speaker,

Provincial Assembly of N.-W.F.P;

(c) Secretary to Government, Health Department or Member.

his nominee not below the rank of an Additional

Secretary;

(d) Secretary to Government, Finance Department or Member

(e) Secretary to Government, Zapata, Usher and Member.

Social Welfare Department or his nominee not

below the rank of an Additional Secretary;

(f) Two Social Workers/Philanthropists and Two Members.

business persons to be nominated by the

Chairman;

(g) A representative of each of the following Members

Hospitals to be nominated, by the Chairman.

(i) Lady Reading Hospital Peshawar;

(ii) Khyber Teaching Hospital, Peshawar;

(iii) Hayatabad Medical Complex Peshawar;

(iv) Institute of Radiotherapy and Nuclear Medicine, Peshawar;

(v) District Headquarter Hospital, Dera Ismail Khan

(vi) Saidu Group of Hospital Swat

(vii) Ayub Teaching Hospital, Abbottabad

(viii) Mardan Medical Complex

(h) Director General Health Services Member-cum-Secretary North-West Frontier Province;

(2) The Chief Minister shall be the Patron-in-Chief of the Committee.

9. Audit and Accounts.---(1) The Bank shall be responsible to maintain the accounts of the Fund in such form and manner as may be prescribed.

(2) No amount from the Fund shall, be withdrawn, unless it is approved by the Committee.

(3) Withdrawal of amount from the Fund shall be permissible only under the joint signatures of the Chairman and the Secretary to Government Finance Department.

(4) Accounts of the Fund shall be audited in the prescribed manner.

(5) In case of emergency the Chairman of the Committee may make payment of emergent nature.

10. Power to make rules.---Government may make rules for carrying out the purposes of this Act.

11. Availability of facility for medical treatment.---The facilities of medical treatment under this Act shall be available in the following hospitals and institutions and such other hospitals and institutions as Government may from time to time by notification in the Official Gazette, specify;

(i) Lady Reading Hospital Peshawar

(ii) Khyber Teaching-Hospital Peshawar

(iii) Hayatabad Medical Complex Peshawar

(iv) Ayub Teaching Hospital Abbottabad

(v) Saidu Group of Hospital Swat

(vi) Institute of Radiotherapy and Nuclear Medicine Peshawar

(vii) District Headquarter Hospital Dera Ismail Khan and

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