Preamble - ALL INDIA SERVICES (MEDICAL ATTENDANCE) RULES, 1954 ALL INDIA SERVICES (MEDICAL ATTENDANCE)
RULES, 1954 PREAMBLE In exercise of the powers conferred by sub-section
(1) of section 3 of the All India Services Act, 1951(LXI of 1951), the Central Government,
after consultation, with the Governments of the States concerned, hereby makes
the following rules, namely:- (1) These rules may be called the All India Services
(Medical Attendance) Rules, 1954. (2) They shall apply to members of the Service while
they are on duty or on leave or under suspension, within India. In these rules, unless the context otherwise
requires- (a) "authorised medical attendant" means
the principal medical officer appointed by the Government to attend its
officers in the station or district (where the member of Service falls ill) and includes a medical
officer who, in rank, is equal or immediately) junior to such principal medical
officer and who is attached to any hospital or dispensary in the station where
such principal medical officer is posted: Provided that if there is no principal medical
officer appointed by the Government for the station at which or the district in
which the member of the Service falls ill, the principal medical officer shall
be the officer appointed by the Government of the State in which the station or
district is situated: (b) "Contributory Health Service Scheme"
means any approved scheme of free medical attendance and treatment of servants
of the Government and the members of their family in return for such monthly
contribution by every Servant of the Government as may, from time to time, be
determined by the Government. (c) "family"
means- (i)
the wife, or husband, of a member of the Service; and (ii) the parents, children and
step-children of such member wholly dependent upon that member; Explanation I.-For the
purposes of this clause, the parents shall be regarded as ?wholly dependent?
upon the member of the service if they ordinarily reside with the said member
and their total monthly income does not exceed 1[rupees
3500/-] Explanation II.-For the
purpose of this clause step-parents shall not be treated as parents; Explanation III.-In the
case of a member of the Service, whose personal law recognises adoption as a
mode of filiation and who has been adopted, the adoptive parents, and not the
real parents, shall be treated as parents; (d) "Government" means in the case of a
member of the Service serving in connection with the affairs of the Union, the
Central Government, and in the case of a member of the Service serving in
connection with the affairs of a State, the Government of that State: Provided
that a member of the Service serving in connection with the affairs of a State
falls ill in some other State, the Government of that other State shall be
deemed to be the Government for the purpose of clause (a); (e) "Government hospital" includes a
military hospital, any railway hospital notified in this behalf by the Central
Government a hospital maintained by a local authority and any other hospital
with which arrangements have been made by the Government for the treatment of
its officers; (f) "medical attendance" means attendance
in a Government hospital or at the residence of a member of the Service or at
the consulting room maintained by the authorised medical attendant by
arrangement with him and includes: (i) such pathological, bacteriological, radiological
or other methods of examination for the purposes of diagnosis as are available
in any Government hospital or laboratory and are considered necessary by the
authorised medical attendant, and (ii) such consultation with any other medical officer
or specialist in the service of (the Central Government or any State
Government) as the authorised medical attendant certifies to be necessary to
such extent and in such manner as the medical officer or the specialist may, in
consultation with the authorised medical attendant, determine; (g) "member of the Service" means a member
of an All India Service as defined in section 2 of the All India Services Act,
1951 (61 of 1951); (h) "nurse" means a qualified nurse holding
a certificate or a diploma recognised by the Chief Administrative Medical Officer
of the State or a registered nurse in a State in which there is statutory
provision for the registration of nurses; (i) "patient" means a member of the Service
who requires medical attendance and treatment; (j) "State" means the State in which a
member of the Service falls ill; (k) "treatment" means the use of all
Medical and surgical facilities available at the Government hospital in which a
patient is treated, and includes- (i) the employment of such pathological,
bacteriological, radiological or any other methods as are considered necessary
by the authorised medical attendant; (ii) "dental treatment, including extraction of
teeth, scaling and gum treatment, filing of teeth (other than cost of denture)
and root canal treatment. (iii) the supply of such medicines, vaccines, sera or
other therapeutic substances as are ordinarily available in Government hospitals
in the State but excluding:- (a) such preparations which are not medicines but are
primarily used as food, tonic, toilet of disinfectant, and (b) such expensive drugs, tonics, laxatives
and other elegant and proprietary preparations (for which drugs of equal
therapeutic value are available) as may be notified by the Central Government. (iv) the supply of such medicines, vaccines, sera or
other therapeutic substances not ordinarily so available as the authorised
medical attendant may certify in writing to be essential for the recovery or
for the prevention of serious deterioration in the condition of the patient; (v) such accommodation as is ordinarily provided in
the hospital to which the patient is admitted and is suited to his status; (vi) the services of such nurses as are ordinarily
employed by the hospital to which the patient is admitted; (vii) such special nursing as the authorised medical
attendant may certify in writing to be essential for the recovery or for the
prevention of serious deterioration in the condition of the patient having
regard to the nature of the disease; and (viii) the medical attendance described in sub-clause
(ii) of clause (f); but does not include diet, or provision at the request of
the patient of accommodation superior to that described in sub-clause (v). (1) A member of the Service shall be entitled free of
charge to medical attendance by the authorised medical attendant. (2) Where a member of the Service is entitled under
sub-rule (1), free of charge to medical attendance, any amount paid by him on
account of such medical attendance shall, on production of a certificate in
writing by the authorised medical attendant in this behalf, be reimbursed to
the member of the Service by the Government: Provided that the Government shall reject any claim
if it is not satisfied with its genuineness of facts and circumstances of each
case, after giving an opportunity to the claimant of being heard in the matter,
while doing so, the Government shall communicate, to him the reasons, in brief,
rejecting the claim, and the claimant may submit an appeal to the Central Government
within a period of forty five days of the date of communication of the order
rejecting this claim. (1) The members of the family of a member of the
Service shall be entitled at Government cost to medical attendance and
treatment at a Government hospital or at the residence or at the consulting
room maintained by the authorised medical attendant by the arrangement with
him, and to travelling allowance on the scale and conditions allowed to the
member of the Service himself under these rules. (2) Medical attendance and treatment referred to in
sub-rule (1), shall include confinement in a hospital and pre-natal and
post-natal treatment of the wife of a member of the Service. (1) When the place at which a patient falls ill is
not the headquarters of the authorised medical attendant :- (a) the patient shall be
entitled to travelling allowance for journey to and from such headquarters; or (b) if the patient is too ill to travel, the
authorised medical attendant shall be entitled to travelling allowance for the
journey to and from the place where the patient is: Provided that a patient shall not be entitled to
travelling allowance for a journey for attendance by a dentist or an oculist. (2) An application for travelling allowance under
sub-rule (1) shall be accompanied by a certificate in writing by the authorised
medical attendant stating that medical attendance was necessary and, if the
application is under clause (b) of that sub-rule, that the patient was too ill
to travel. (1) If the authorised medical attendant is of the opinion
that the case of a patient is of such a serious or special nature as to require
medical attendance by some person other than himself he may, with the approval
of the Chief Administrative Medical Officer of the State (which shall be
obtained before hand unless the delay involved entails danger to the health of
the patient)- (a) send the patient to the nearest specialist or
other medical officer as provided for in clause (f) of rule 2, by whom, in his
opinion, medical attendance is required for the patient; or (b) if the patient is too ill to travel, summon such
specialist or other medical officer to attend upon the patient. (2) Where a patient is sent to a specialist or other
medical officer under clause (a) of sub-rule (1), he shall on production of a
certificate in writing by the authorised medical attendant in this behalf, be
entitled to travelling allowance for the journey to and from the headquarters
of the specialist or other medical officer. (3) A specialist or other medical officer summoned
under clause (b) of sub-rule (1) shall, on production of a certificate in
writing by the authorised medical attendant in this behalf, be entitled to
travelling allowance for the journey to and from the place where the patient
is. (1) Every member of the Service shall be entitled
free of charge, to treatment- (a) in such Government hospital in the station or
district where he falls ill as can in the opinion of the authorised medical
attendant, provide the necessary and suitable treatment; or (b) if there is no such hospital as is referred to in
clause (a), in such hospital other than a Government hospital in that station
or district as may, in the opinion of the authorised medical attendant, provide
the necessary and suitable treatment; or (c) if there is no such hospital as is referred to in
clause (a) and (b) in such hospital in the State as may, in the opinion of the
authorised medical attendant, provide the necessary and suitable treatment: Provided that where in any exceptional case the
authorised medical attendant is of opinion that the necessary and suitable
treatment is available only in a hospital outside the State (but within India),
he may, with the approval of the Chief Administrative Medical Officer of the
State (which shall be obtained before hand unless the delay involved entails
danger to the health of the patient) send the patient for treatment in such
hospital. (2) Where a member of the service is entitled under
sub-rule (1), free of charge, to treatment in a hospital, any amount of such
treatment shall, on production of a certificate in writing by the authorised
medical attendant in this behalf, be reimbursed to the member of the Service by
the Government: Provided that where special nursing forms a part of
such treatment, the amount to be reimbursed in respect of such special nursing
shall be limited to the amount which is in excess of 25 per cent of the pay of
the member of the Service for the period of a special nursing: Provided that the Government shall reject any claim
if it is not satisfied with its genuineness on facts and circumstances of each
case, after giving an opportunity to the claimant of being heard in the matter,
while, doing so, the Government shall communicate to him the reason, in brief,
rejecting, the claim, and the claimant may submit an appeal to the Central Government
within a period of forty-five days of the date of communication of the order
rejecting his claim. (3) If the patient has to proceed to a station other
than at which he falls ill for the purpose of treatment under sub-rule (1), he
shall, on production of a certificate in writing from the authorised medical
attendant in this behalf, be entitled to travelling allowance for the journey
to and from the place at which such treatment is received. Such travelling
allowance shall also be admissible for an attendant, if the authorised medical
attendant certifies in writing that it is unsafe for the patient to travel
unattended and that an attendant is necessary to accompany the patient to the
place of treatment and back. (1) If the authorised medical attendant is of opinion
that owing to the absence or remoteness of a suitable hospital or to the
severity of the illness, a member of the Service cannot be given treatment as
provided in sub-rule (1) of rule 7, he may receive treatment at his residence. (2) Where a member of the Service is receiving
treatment at his residence under sub-rule (1) he shall be entitled to receive
towards the cost of the treatment incurred by him a sum equivalent to the cost
of such treatment as he would have been entitled to receive free of charge,
under these rules if he had not been treated at his residence. (3) A claim for any amount admissible under sub-rule
(2) shall be accompanied by a certificate in writing by the authorised medical
attendant, stating- (a) his reasons for the opinion referred to in
sub-rule (1); (b) the amount of the cost of similar treatment
referred to in sub-rule (2). (1) Any charge for services rendered in connection
with, but not included in medical attendance on, or treatment of, a patient
entitled, free of charge, to medical attendance or treatment under these rules,
shall be determined by the authorised medical attendant and paid by the
patient. (2) If any question arises as to whether any service is included
in medical attendance or treatment, it shall be referred to the Government
whose decision thereon shall be final. The Government may by general or special order direct
that any certificate required by these rules to be given by the authorised
medical attendant and the controlling officer for the purpose of travelling
allowance of a patient shall be countersigned by the Chief Administrative
Medical Officer of the State. No member of the Service shall be transferred to
foreign service unless the foreign employer undertakes to afford to him, so far
as may be, privileges not inferior to these to which he would be entitled under
these rules if he had been employed in the services of the Government: Provided that this rule shall not apply in the case
of a transfer of a member of the Service at his own request or when the member
of the Service makes a specific request in writing that the provisions of this
rule need not apply in his case. A member of the Service deputed to serve under a
Government organisation having a separate set of rules for the grant of medical
facilities to its employees may, at his option, elect to be governed by the
rules of that organisation during the period of such deputation. Explanation.- The
expression "Government Organisation" in this rule includes Railways
or other similar Organisation whose expenditure is debitable to the
consolidated Fund of India or of the State. (1) A member of the Service serving in a disturbed
area shall be deemed as being on duty continuously and any injury received by
him as a result of the disturbances shall be deemed as having been received in
the course of such duty, unless the facts of the case give a clear indication
to the contrary. (2) When a member of the Service receives any injury
while on duty in connection with the disturbance, he shall be entitled to
medical attendance and treatment specified in clauses (f) and (k) of rule 2
free of charge. (3) A member of the Service on leave in a disturbed
area is also entitled to the concessions outlined in sub-rule (2) above, if it
is established that he was attacked and injured because of his being a
Government servant. Notwithstanding anything contained in these rules,
they shall not apply to a member of the Service during any period in which he
is on deputation to the Central Government at a station, where the contributory
Health Service Scheme is in operation and the said scheme, as for the time
being in force, shall apply to such member during the said period, as it applies
to Central Government Servant, Class I. If any question arises as to the interpretation of
these, rules, the Central Government shall decide the same. Nothing in these rules shall be deemed to - (i) entitle a member of the Service to reimbursement of any cost incurred in respect of medical services obtained by him, or to travelling allowance for any journey performed by him otherwise than as expressly provided in these rules, or (i-a) entitle a member of the Service to reimbursement of any cost incurred in respect of - (a) such preparations which are not medicines but are primarily used as food, tonic, toilet or disinfectant, and (b) such expensive drugs, tonics, laxatives and other elegant and proprietary preparations (for which drugs of equal therapeutic value are available) as may be notified by the Central Government. (ii) prevent the Government from granting to a member of the Service, or to member of the family of a member of the Service any concession relating to medical treatment or attendance or travelling allowance for any journey performed by him which is not authorised by these rules. ________________________ 1. Substituted by the All India Services (Medical Attendance) Amendment Rules, 2012 vide Notification No. GSR843(E) dated 21.11.2012 w.e.f. 24.11.2012 for the following : - "Rs. 1500/-"
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