47. Power to Charity Commissioner to issue directions in respect of medical facilities to poorer patients.
(1)Notwithstanding anything contained in any instrument of trust or in any contract, with a view to making essential medical facilities available to the poorer classes of the people, either free of charge or at concessional rates, it shall be lawful for the Charity Commissioner, subject to such general or special orders as the State Government may, from time to time, issue in this behalf, to issue all or any of the following directions to the trustees of, or persons connected with, any such public trust, which maintains a hospital (including any nursing home or maternity home), dispensary or any other centre for medical relief (hereinafter in this section referred to as "the medical centre'1) as follows, namely ; -(a)to reserve and earmark ten per cent, of the total number of operational beds and ten per cent, of the total capacity of patients treated at such medical centre, for medical examination and treatment in each department of the medical centre, in such manner as may be specified in the directions, for the indigent patients seeking admission or treatment, who shall be medically examined and treated and admitted, as the case may be free of charge;(b)to reserve and earmark ten per cent, of the total number of operational beds and ten per cent, of the total capacity of patients treated at such medical centre, for medical examination and treat merit in each department of the medical centre, in such manner as may be specified in the directions, for the weaker sections of the people seeking admission for medical examination and treatment, who shall be charged according to such rates as the State Government may, by general or special order, determine from time to time, having regard to the rates charged by the State Government in the corresponding; medical canters maintained by it;(c)to comply with such other incidental or supplemental requirements as may be specified in the directions or in any general or special orders issued thereunder:Provided that while Issuing any directions as aforesaid, the Charity Commissioner shall take into consideration such facilities as are already made available by any such medical centre and having regard to the availability of such facilities may give appropriate directions if any, consistent with and subject to the percentage specified in clauses (a) and (b),Explanation. - For the purposes of this sub-section, -(a)"indigent person" means a person whose total annual income does not exceed six thousand rupees or such other limit as the State Government may, from time to time, by notification in the Official Gazette, specify:(b)"person belonging to the weaker sections of the people" means a person who is not an indigent person, but whose income docs not exceed one lakh rupees per annum or such other limit as the State Government may front lime to time, by notification in the Official Gazette, specify.(2)(a)It shall be lawful for the officer duly authorised by the State Government in this behalf, or for the Charity Commissioner by himself or through his representative duly authorised by him in this behalf, to verify the implementation of the directions given under sub-section (1) to any medical centre, and, for that purpose, visit, inspect and call for information and returns periodically or otherwise.(b)It shall be the duty of every trustee of, or person connected with, such medical centre to comply with the direction issued under sub-section (1) and to afford all reasonable facilities and assistance required by the said officer or the Charity Commissioner or his representative for verification of the implementation of such directions under clause (a) and to comply with the requirements thereunder,(c)In case there arises any dispute relating to the interpretation, implementation or any matter whatsoever in respect of any direction issued under sub-section (1), it shall be referred to the State Government, through the Charity Commissioner, for appropriate directions.(3)It shall be the duty of the governing body (by whatsoever name called) of every medical centre to get the category of a patient duly verified and recorded in a register kept for the purpose in the prescribed form before he is admitted or treated as a patient within the reserved and earmarked percentage under sub-section (1). If there is any dispute as to the category of a patient, it shall be referred to the Charity Commissioner, for appropriate direction.
