MINISTERIAL ORDER NO. 4/1976 RESPECTING THE FORMATION OF MEDICAL COMMISSIONS AND THE FUNCTIONS THEREOF

The Minister for Health; In pursuance of Law No. 13/1975 respecting the Regulation of Pensions and Retirement Indemnities for the Civil Service Employees and Workers; And of the Labour Law for the Private Sector No. 23/1976; And the Social Insurance Law promulgated by Decree Law No. 24/1976; ORDERS :

Article 1

A General Medical Commission shall be formed and shall comprise a chairman and three members from physicians of the Ministry of Health who shall be specialists in internal diseases, surgery and opthalmology. Decisions of the commission shall be valid only if adopted by at least three of its members among whom must be the Chairman and the opthalmologist.

In making its decisions, the commission may seek the advice of specialists other than its members if circumstances so require.

Article 2

The General Medical Commission shall be entrusted with the following functions:-

1-The General Medical Commission shall be entrusted with the following functions:-

-determining their physical fitness for appointment to their posts.

-determining their physical fitness for remaining in service.

-determining the nature of the disability and the degree thereof in the case where the termination of service is for physical unfitness

-ascertaining the medical reasons for the resignation of an employee or worker and establishing that such reasons would threaten his life if he remained in his post or occupation

-considering the determination of the extent of relation between an injury or disease and employment and establishing the disability and the degree thereof.

2-Medically examine such workers to grant them the sick leaves prescribed by laws and regulations in the manner specified by Orders and Regulations made by the Minister for Health in respect of granting sick leaves.

3-Assess ages in all cases where such assessment is required

4-Medically examine students on the occasion of joining schools and institutions or universities abroad.

5-Medically examine, at the request of the appropriate authority, members on educational leave or missions and personnel to be sent abroad

6-Approve and ratify medical reports and certificates brought by patients from abroad for use before official authorities

In general, the functions of the General Medical Commission shall include the consideration of any matter entrusted to it under any law, regulation or rule.

Article 3

Medical sub-commissions may be formed if necessary and shall be entrusted with functions to be specified in the Order for their formation.

Article 4

The Appellate Medical Commission provided for in paragraph 12 of Article 4 of the Social Insurance Law shall comprise a chairman and six members among whom shall be an opthalmologist, and its decisions shall be adopted by a majority vote of members.

The Appellate Medical Commission shall have exclusive authority to review any appeal from decisions of the General Medical Commissions or sub-commissions in the cases and in the manner prescribed by the Law and the regulations issued thereunder.

In making its decisions, the Appellate Medical commission may be guided by opinions of non-member specialists.

Article 5

The medical commissions provided for herein, may ask any physician in the Ministry of Health and hospitals, laboratories or institutions of the Ministry of Health, for technical report, x-rays, outcome of medical observations, or anything deemed by such commissions to be necessary for making their decisions. .

Article 6

The Minister for Health shall, by Order, appoint chairman and members of the commissions provided for herein and issue the internal rules concerning the regulation of the meetings and conduct of business of such commissions.

Article 7

This Order shall come into operation as from the date of its issue and shall be published in the Official Gazette.

Minister for Health Ali Muhammad Fakhro

Issued on 19th Sha'aban, 1396 15th August 1976