Decree No. (179) of 2012 on organising the Authority for the Affairs and Welfare of the Injured

Cabinet

Decree No. (179) of 2012 AD

on organising the Authority for the Affairs and Welfare of the Injured

The Cabinet,

Upon review of:

• The Constitutional Declaration and amendments thereto;
• The Law of the Financial System of the State, and the budget, accounts, and stores regulations and amendments thereto;
• Law No. (106) of 1973 AD issuing the Health Law and the implementing regulations thereof;
• Law No. (12) of 2010 AD on issuing the Labour Relations Law and the implementing regulations thereof;
• Law No. (20) of 2012 AD on approving the general budget for 2012 AD;
• National Transitional Council Decree No. (174) of 2011 AD on setting out the structure of the transitional government;
• National Transitional Council Decree No. (182) of 2011 AD on establishing an authority;
• National Transitional Council Decree No. (184) of 2011 AD approving the transitional government;
• Cabinet Decree No. (35) of 2012 AD on approving health and treatment controls;
• Cabinet Decree No. (38) of 2012 AD on approving the organisational structure and competencies of the Ministry of Health and organising its administrative unit;
• The decrees of the Cabinet in its thirteenth ordinary meeting of 2012 AD;

has decreed:

Article (1)

The authority for the welfare of the injured established under National Transitional Council Decree No. (182) of 2011 AD shall be organised in accordance with this Decree.

Article (2)

The authority shall be called the Authority for the Affairs and Welfare of the Injured and it shall be a legal entity with financial autonomy affiliated to the Ministry of Health.

Article (3)

The Authority’s main headquarters shall be in the city of Tripoli. Authority offices may be opened in the cities where such is required, pursuant to a decree from the Minister of Health.

Article (4)

The Authority shall hold competence to perform the following:

1. Prepare and collect data on the injured, preliminary to the preparation of a comprehensive database of all wounded individuals, both inside Libya and abroad.
2. Collect documents and documentation related to medical reports and the dispatch of wounded persons abroad for treatment, and prepare a database for easy reference thereto.
3. Contribute to the formation of work groups to assess the status of wounded persons who are abroad for treatment and work to help those whose treatment is completed return upon completion of such treatment.
4. Submit a report on the financial authorisations and disbursals issued by the committees abroad affiliated to the Authority, to adopt the appropriate decision, listing the Authority’s bank accounts abroad and the balances thereof.

Article (5)

The Authority shall be managed by an administrative board consisting of a chairman and four members. The board shall exercise its competencies in accordance with the legislation in force and shall be formed pursuant to a Cabinet decree, based on a submission from the Minister of Health.

Article (6)

The Authority’s administrative board shall have broad powers to run and manage the Authority’s activities and implement the plans and programs necessary to achieve its goals. It may undertake the following in particular:

1. Propose the draft budget and prepare the Authority’s annual budgets and balance sheets.
2. Propose regulations and decrees organising the Authority’s work.
3. Issue the internal regulations of the Authority and the branches thereof, in conformity with the legislation in force.
4. Undertake the necessary procedures to preserve the Authority’s assets and balances.
5. Name heads of the branches and departments of the Authority’s organisational structure.

The board’s decisions on the matters set out in clause (1) and (2) above shall not enter into force until approved by the Cabinet.

Article (7)

The Authority’s administrative board shall hold competence to perform the following:

1. Supervise the Authority’s daily workflow.
2. Sign contracts and decisions adopted by the Authority and undertake the necessary procedures for their implementation.
3. Represent the Authority in its relations with third parties and before the courts.
4. Prepare the agenda for the board’s meetings and implement the resolutions thereof.
5. Prepare the budget and balance sheet for submission to the administrative board.
6. Prepare the Authority’s regulations for submission to the administrative board.
7. Form committees as required by the nature of the Authority’s work.
8. Prepare periodic reports on the Authority’s workflow and any works requested therefrom, for submission to the administrative board and the competent bodies.
9. Exercise the competencies related to the affairs of the Authority’s workers and employees.
10. Directly supervise the workflow of the Authority’s offices and departments.
11. Other matters in which it holds competence under the legislation in force.

Article (8)

The Authority shall have an independent budget prepared in accordance with the accounting systems in place. The Authority’s financial year shall begin with the beginning of the State’s fiscal year and end at the end thereof. The budget shall be prepared at least three months before the end of the financial year.

Article (9)

The Authority’s financial resources shall consist of the following:

1. Allocations entered into the State’s general budget.
2. Donations, gifts, and bequests approved by the administrative board.

Article (10)

The Authority shall have one or more bank accounts at banks operating in Libya into which its funds shall be deposited, in accordance with the legislation in force.

Article (11)

The Authority’s organisational structure shall consist of a number of departments and offices established pursuant to a decree from the Cabinet, based on a submission from the Minster of Health.

Article (12)

A committee to implement this Decree shall be formed pursuant to a decree from the Minister of Health and the results of the committee’s work shall be approved under a decree issued thereby.

Article (13)

This Decree shall enter into force on the date of its issue and any provision that conflicts herewith shall be repealed. The concerned bodies shall implement this Decree and it shall be published in the Official Gazette.

The Cabinet – Libya

Issued on 26 Jumada al-Oula 1433 AH

Corresponding to: 18/04/2012 AD