MEDICAL ATTENDANCE RULES

PREAMBLE

Rules for the Grant of Free Medical Attendance and Supply of Medicine to Government Servants of the Province [These Rules were published with Notification No. 865-LS.G.]

The Secretary of State's Services (Medical Attendance) Rules, 1938

Rule - 1.

(1)     These Rules may be called the Secretary of State's Services (Medical Attendance Rules, 1938.

(2)     They shall apply to any person, other than a person recruited for service on the railways, when on duty or on leave in British India, of or on foreign service in India-

(i)       appointed by the Secretary of State in Council or the Secretary of State to a Civil Service of, or a Civil Post under the Crown in India or as a Chaplain; or

(ii)      who, not being a person appointed as aforesaid, holds substantively or temporarily a post reserved under Section 146 of, the Government of India Act, 1915; or

(iii)     who, not being a person appointed as aforesaid or holding a post reserved as aforesaid, holds for the time being a Civil post under the Crown in India and is, or was when he was first appointed to such a post-

(a)      an officer holding a permanent commission in His Majesty's Land Forces other than a Department Officer of the India, Unattached List of the India Medical Department; or

(b)      an officer holding a permanent commission in His Majesty's Indian Land Forces other than a Viceroy's Commissioned Officer; or

(c)      an officer of the Royal Indian Navy other than an Officer of the Royal Naval Reserve, the Royal Indian Naval Volunteer Reserve or a Commissioned Warrant Officer.

Rule - 2.

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

(a)      "authorised medical attendant" means-

(1)     In respect of a Government servant of non-Asiatic domicile-

(i)       if the Government servant was appointed before 1 st June 1945, and claims to be attended and treated By a European Officer of the Indian Medical Service, the nearest such officer appointed by the Government to attend its officers of non-Asiatic domicile and stationed at one of the centres specified in the first Schedule to the Indian Medical Service Civil (Reserved post) Rules, 1939;

(ii)      in other cases, the principal medical officer appointed by the Government to attend its officers in the district in which the Government servant falls ill, and includes a European military medical officer or other European physician or surgeon with whom arrangements have been made by the Government to attend its officers of non-Asiatic domicile in the area in which the Government servant falls ill;

(2)     In respect of any other Government servant, the principal medical officer appointed by the Government to attend its officers in the district in which the Government servant falls ill-

(b)      "family" means the wife, legitimate children and step-children of a Government Servant, residing with and wholly dependent upon him;

(c)      "the Government" means the Governor-General in the case of Government servants employed in connection with the affairs of the Federation and the Governor of the Province in the case of Government servants employed in connection with the affairs of a Province;

(d)      "Government hospital" includes a British Military Hospital, 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, but does not include a railway hospital;

(e)      "Medical attendance" means attendance in hsopital or at the residence of a Government servant, and includes-

(i)       such pathological, bacteriological, radiological or other methods of examination for the purpose of diagnosis as are available in any Government hospital or laboratory in the Province and are considered necessary by the authorised medical attendant; and

(ii)      such consultation with a specialist or other medical officers in the service of the Government 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;

(f)       "Nurse" means a qualified nurse holding certificate or diploma recognised by the Chief Administrative Medical Officer of the Province or a registered nurse in a province in which there is statutory provision for the registeration of nurses :

(g)      "Patient" means a Government servant to whom these Rules apply or a member of his family, who has fallen ill;

(h)     "Province" means the Province in which a patient falls ill; and

(i)       treatment" means the use of all medical and surgical, facilities available at the Government hospital in which a Government servant is treated; and include-

(i)       the employment of such pathological, bacteriological, rediological 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 Government hospitals in the Province;

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

(iv)    such accommodation as is ordinarily provided in the hospital to which the Government servant is admitted and is suited to his status;

(v)      the services of such nurses as are ordinarily employed by the hospital to which the Government servant is admitted;

(vi)    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 Government servant; and

(vii)   the medical attendance described in sub-clause (ii) of 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.

A Government servant and a member of the family of a Chaplain, shall be entitled, free of charge, medical attendance by the authorised medical attendant.

Rule - 4.

The families of Government servant, other than those for whom special provision is made in Rule 3, shall be entitled to medical attendance on the payment of such fees as may be mutually arranged between the Government servant and the authorised medical attendant or the Government, or other competent authority, as the case may be.

Rule - 5.

(1)     When the place at which a pateint 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 head-quarters; 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.

(2)     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 the Clause (b) of that sub-rule, that the pateint was too ill to travel.

Rule - 6.

(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, or that the patient requires antirabic treatment, he may, with the approval of the Chief Administrative Medical 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 in the province by whom, in his opinion, medical attendance is required for the patient, or in the case of anti-rabic treatment to the nearest station in the province where such treatment is available; or

(b)      if the pateint 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 head-quarters of the specialist or other medical officer, or as the case may be, the place of anti-rabic treatment.

(3)     A specialist or other medical officer summond under Clause (b) of sub-rule (1) shall on production of a certificate in writing by the authorised medical attendent in this behalf be entitled to travelling allowance for the journey to and from the place where the pateinet is.

Rule - 7.

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

(a)      in such Government hospital in district in which 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 district as cart in the opinion of the authorised medical attendent provide the necessary and suitable treatment; or

(c)      if there is no such hospital as is referred to in Clauses (a) and (b) in such hospital in the Province 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, and 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.

Rule - 8.

(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 Government servant cannot be given treatment as provided in sub-rule (1) of Rule 7, the 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 to charge, to receive under these Rules if he had not been treated at 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 amount of the cost of similar treatment referred to in sub-rule (2).

Rule - 9.

(1)     Charges for services rendered in connection with but not included in medical attendance on or treatment of, a patient, entitled, free of charges, to medical attendance or treatment under these Rules shall be determined by the authorised medical attendant and paid up 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 - 10.

Nothing in these Rules shall be deemed to entitle a patient-

(a)      to travelling allowance for a journey-

(i)       for attendance by a dentist or oculist; or

(ii)      outside the Province; or

(b)      to reimbursement of costs incurred in respect of medical services obtained by him, or to travelling allowance for any journey preformed by him, otherwise than as expressly provided in these Rules.

Rule - 11.

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 travelling allowance purpose, of a patient may, by special order, direct that any certificate so required for such purposes, shall be countersigned by the Chief Administrative Medical Officer of the Province.

Rule - 12.

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

Rule - 13.

Nothing in these Rules shall be construed as preventing the Government from granting to any person to whom they apply and concession relating to medical treatment or attendance which is not authorised by these Rules.

Rule - 14.

(1)     Until the commencement of Part II of the Government of India Act, 1935, references in these Rules to the Governor-General shall be construed as references to the Governor-General in Council.

(2)     In the discharge of his functions under these Rules the Governor, and after the commencement of Part II of the said Act, the Governor-General, shall exercise his individual Judgment.