Central Services (Medical Attendance) Rules, 1944

Preamble.

In exercise of the powers conferred by sub-section (2) of Section 241, read with sub-section (3) of Section 313, of the Government of India Act, 1935, the Governor-General-in-Concil is pleased to make the following Rules, namely :

Rule - 1.

(1)     [1][These Rules may be called the Central Service (Medical Attendance) Rules, 1944.

(2)     They shall apply to ail Government servants other than (i) those in railway service and (ii) those of non-gazetted rank stationed in or passing through Calcutta whose conditions of service are prescribed by rules made or deemed to be made by the Central Government, when they are on duty or on leave in British India or on Foreign Service in India.

Rule - 2.

In these Rules, unless there is anything repugnant in the subject or context.-

(i)       "Authorised Medical Attendant" means-

(i)       in respect of a Government Servant who belongs to a Central Services, Class I, or whose pay is less than Rs. 500 per mensem, the Principal Medical Officer of the district appointed by the Government to attend its officers in the district;

(ii)      in respect of a Government Servant not belongs to a Central Service, Class I, whose pay is less than Rs. 550 but more than Rs. 150 per mensem, an Assistant Surgeon, or other Medical Officer of the rank not inferior to an Assistant Surgeon appointed by the Government to attend its officers in the station;

(iii)     in respect of any other Government Servant, a Sub-Assistant Surgeon or other Medical Officer of rank not inferior to that of Sub-Assistant Surgeon, similarly appointed.

(ii)      "District" means the district in which the Government Servant falls ill.

(iii)     "The Government" means-

(i)       in respect of the Province of Delhi-the Central Government;

(ii)      in respect of any other Chief Commissioner' Province-The Chief Commissioner; and

(iii)     in respect of a Governor's Province-the Provincial Government.

(iv)    "Government Hospital" includes a British Military Hospital subject to the provisions of Appendix 32 to the Regulation for the Medical Service of the Army in India, 1937, a hospital maintained by a local authority and any other treatment of Government Servants.

(v)      "Medical Attendence" means-

(i)       in respect of a Government Servant specified in sub-clause (i) of Clause (a), attendance in hospital or at the residence of the Government Servant, including such Pathological, Bacteriological, Radiological or other methods of examination for the purpose of diagnosis as are available in any Government Hospital in the district and are considered necessary by the authorised medical attendant and such consultation with a specialist or other medical officer in the service of the Crown stationed in the Province as the authorised medical attendat certifies to be necessary to such extent and in such manner as the specialist or medical officer may, in consultation with the authorised medical attendant determine;

(ii)      in respect of any other Government servant but excluding a member of the Central Services, Class, IV, attendance at a hospital or in the case of illness which compels the patient to be confined to his residence, at the residence of the Government servant including such methods of examination for purposes of diagnosis as are available in the nearest Government hospital and consultation with a specialist or other medical officer of the Crown stationed in the district as the authorised medical attendant certifies to be necessary to such extent and in such manner as the specialist or medical officer may, in consultation with the authorised medical attendant, determine;

(iii)     in respect of a member of the Central Service, Class IV, attendance at a hospital, including, such methods of examination for purposes of diagnosis as are available in the nearest Government hospital and such consultation with a specialist or other medical officer of the Crown stationed in the district as the authorised medical attendant certifies to be necessary to such extent and in such manner as the specialist or medical officer may in consultation with the authorised medical attendant, determine.

(vi)    "Patient" means a Government servant to whom these Rules apply and who has fallen ill.

(vii)   "Province" means the Province in which patient has fallen ill;

(viii)  "Treatment" means the use of all medical and surgical facilities available at the Government hospital in which the Government servant is treated and includes-

(i)       the employment of such Pathological, Bacteriological, Radiological or other methods as are considered necessary by the authorised medical attendant;

(ii)      the supply of such medicines, vaccines, sera or other therapeutic substances as are ordinarily available in the hospital;

(iii)     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, of or for the prevention of serious deterioration in the condition, of the Government servant;

(iv)    such accommodation as is ordinarily provided in the hospital and is suited to his status, accommodation in general or free wards in the hospital being regarded as suitable for members of the Central Service, Class IV;

(v)      such nursing is ordinarily provided to in-patients by hospital; and

(vi)    the specialist consultation described in Clause (e) but does not include diet or provision at the request of the Government servant of accommodation superior to that described in sub-clause (iv).

Rule - 3.

(i)       A Government servant shall be entitled to, free of charge, to medical attendance by the authorised medical attendant.

(ii)      Where a Government servant is entitled under sub-rule (i), free of charge, to receive medical attendance may amount paid by him on account of such medical attendance shall, on production of a certificate in writing by the authorised medical attendance in this behalf, be reimbursed to him by the Central Government.

Rule - 4.

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 the journey to and from such headqurters; 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-

(i)       Applications for travelling allowance under sub-rule (i) 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 patient was too ill to travel.

Rule - 5.

(1)     If the authorised medical attendant is of 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 approval of the Chief Officer of the Province (which shall be obtained beforehand 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 in Clause (e) 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)     A patient sent under Clause (a) 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 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 it this behalf be entitled to travelling allowance for the journey to and from the place where the patient is.

Rule - 6.

(1)     A Government servant shall be entitled, free of charge to treatment-

(a)      in such Government hospital at or near the place 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 sub-clause (a) in such hospital other than a Government hospital at or near the place as can in the opinion of the authorised medical attendant, provide the necessary and suitable treatment.

(2)     Where a Government servant is entitled under sub-rule (1), free of charge, to treatment in a hospital, any amount paid by him on account of such treatment shall, on production of a certificate in writing by the authorised medical attendant in this behalf, be reimbursed to him by the Central Government.

Rule - 7.

(1)     If 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 Government servant cannot be given treatment as provided in Clause (1) of sub-rule 6, the Government servant may receive treatment at his residence.

(2)     A Government servant receiving treatment at his residence under sub-rule (1) shall be entitled to receive towards the cost of such treatment incurred by him a sum equivalent to the cost of such treatment as he would have been entitled, free of charge, to receive under these Rules if he had not been treated at his residence.

(3)     Claims for sums 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 cost of similar treatment referred to in sub-rule (2).

Rule - 8.

(1)     Charges for service 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 and the decision of the Government shall be final.

Rule - 9.

The controlling officer of a patient may require that any certificate required by these Rules to be given by the authorised medical attendant for travelling allowance purpose shall be countersigned-

(a)      in the case of a certificate given by the principal officer by a district by the Chief Administrative Medical Officer of the Province; and

(b)      in the case of a certificate given by any other medical officer by the principal officer of the district.

Rule - 10.

No Government servant shall be transferred to foreign service unless the foreign employer undertakes to afford to him so far as may be priviledges not inferior to those which he have enjoyed under these Rules if he had been employed in the service of the Government of India.