Grant of concessions to employees suffering
from Tuberculosis in aided non-Government Secondary Schools, Junior Colleges of
Education, Junior College (Higher Secondary) Units attached to Secondary
Schools, teaching staff appointed exclusively for teaching Junior College
Classes attached to Colleges and academic teaching and non-teaching staff in
non-Government Technical, Multipurpose and Vocational High Schools in the
State. The following rules regulate the grant of
concessions to employees suffering from T.B. (pulmonary including T.B. pleurisy
as well as non-pulmonary) and leprosy: All suspected cases of Tuberculosis of
employees in the employ of the aforesaid institutions should be sent for
examination and opinion to the J.J. Group of Hospitals or the G.T. Hospital,
Bombay, if serving in Bombay City, and, if employed in the mofussil, to the
nearest District Head Quarters Hospital. No charge should be made for such
examination. The Civil Surgeon, if he considers it necessary, will refer the
case to the nearest Government Hospital where proper facilities, including
X-Ray, are available for a thorough examination. No charge will be made for
X-Ray, Ski grams, examinations and laboratory investigations. (a)
If,
after careful consideration, the case is found to be an active one, the
employee concerned should be granted such leave as is recommended in his case
by the authorised medical attendant until he has exhausted all the leave due to
him under the ordinary leave rules. When the end of this leave is approaching
he should be brought before a Medical Board for report whether there is any
likelihood of his return to duty. If the Board reports that he would be fit to
resume duty after further treatment he should be granted extraordinary leave
for the period recommended by the Board, provided that the total period of
continuous absence from duty does not exceed three years. If the Board reports
that there is no likelihood of his returning to duty, he should be invalided. Note. The term "authorised medical
attendant" means-- (b)
In
respect of an employee whose pay is not less than Rs. 500 per month, the
Superintendent of the Government Hospitals in Bombay or any other Officer
authorised by him in this behalf, and in the mofussil, the Civil Surgeon or the
District Medical Officer, as the case may be, or any other Officer authorised
by them in this behalf; (c)
In
respect of an employee whose pay is more than Rs. 150 per month but less than
Rs. 500 per month a M.M.S. Class II Officer in the Station or at the District
Head Quarters; (d)
In
respect of an employee whose pay is Rs. 150 or less, a M.M.S. Class III Officer
or M.M.S. Class III (A) in or near the station. Note 1. In a station where there are two or
more officers in M.M.S. Class II or M.M.S. Class III, M.M.S. Class III (A), the
senior most of these Officers should be authorised as medical attendant for the
purpose. Note 2. In a station where there is only one
authorised medical attendant of any of the above three categories he shall be
the competent authorised medical attendant for any employee in need of medical
attendance and treatment at that station. Note 3. The authorised medical attendant of
an employee shall be determined with reference to the place within the State of
Maharashtra at which he falls ill, whether it be his place of posting or place
of casual stay or the place where he may be spending his leave. Explanation. The expression "all leave
due" occurring in the above rule should be interpreted to mean "
leave due and admissible " under the normal rules applicable to the
employee concerned. In the case of employees who have more than
six months leave due to them, the examination by the Medical Board referred to
above should be arranged six months after the commencement of the treatment,
but before the expiry of the leave due. In cases where the total leave due is
less than six months, such extraordinary leave as is necessary to complete that
period may be given pending examination of the patient by the Medical Board. At places where there are no Medical Boards
the Civil Surgeons can with the sanction of the Director of Health Services,
Government of Maharashtra, convene a Medical Board to examine the employees
suffering from Tuberculosis with the help of two Medical Officers of the
Institution where the patient is receiving treatment. The charges for the
medical examination of the employee suffering from T.B. by a regular or a
specially convened Medical Board, should be borne by Government, if the Medical
Board is convened at a place it is ordinarily convened. However, if the Medical
Board is convened at a place other than the one where it is ordinarily convened
on the request made by the employee on ground of health etc., the extra
expenditure involved to Government in this respect, e.g. expenditure on
traveling allowance of a Medical Officer attending the meeting of the Medical
Board, etc., shall be borne by the employee concerned. (e)
In
order to afford continuity of service to temporary employees, who contact
Tuberculosis and undergo treatment in a recognised institution established for
the treatment of the disease, and to enable them to return to their original
posts after treatment, they may, in addition to leave on average pay or earned
leave, as the case may be, and/or leave on Medical Certificate which may be
admissible to them, be granted in relaxation of leave rules laid down in the
Secondary Schools Code (Revised Edition 1979), as amended from time to
time/Maharashtra Employees of Private Schools (Conditions of Service) Rules,
1981, extraordinary leave upto a maximum period of twelve months on any one
occasion, subject to the following conditions: (1)
the
post from which the employee proceeds on leave is likely to last till his
return to duty, (2)
the
extraordinary leave shall be granted subject to the production of a certificate
from the Medical Board, specifying the period for which the leave is
recommended, and (3)
the
Medical Board, in recommending the leave, shall bear in mind the provisions of
leave rules laid down in the Secondary Schools Code (Revised Edition,
1979)/Maharashtra Employees of Private Schools (Conditions of Service) Rules,
1981. (f)
The
concessions of extraordinary leave upto twelve months shall also be admissible
to a temporary employee who, for want of accommodation in any of the
institutions recognised for the purpose of the concession located at or near
the place of his duty, receives treatment at his residence, provided that. (i)
The
treatment is under a duly qualified registered medical practitioner; and (ii)
He
submits a certificate signed by that medical practitioner to the effect that he
is under his treatment and that he has reasonable chances of his recovery on
the expiry of the leave recommended. (g)
Before
the expiry of the maximum limit of extraordinary leave admissible under the
rules, the employee concerned should be examined by the Medical Board to see
whether he is fit to resume duty or should be invalided. If the employee is
found to have greatly improved, but to be still in need of some more time, say
1 to 3 months, to consolidate the progress and to become fit to resume duties,
further leave may be granted subject to the limit of 3 months provided it is
certified that he is likely to resume duty by the end of that period. (h)
All
Managements and leave sanctioning authorities, as the case may be, should,
while placing the employee suffering from T.B. before a Medical Board,
invariably inform the Medical Board of the period of extraordinary leave
already enjoyed by the employee concerned in pursuance of the T.B. concessions,
and the balance of leave admissible, so as to enable the Medical Board to
certify whether the employee is likely to be fit before the expiry of the full
leave. (i)
(i)
The extraordinary leave availed of by permanent employees on account of illness
due to Tuberculosis should be counted towards increments subject to the
condition that only such extraordinary leave falling during the period of three
years commencing from the date of absence from duty will count for increments
under normal rules. (ii) Temporary employees suffering from T.B.
who do not have lien on any post will not be allowed to count the extraordinary
leave towards increments. (j)
An
employee irrespective of the pay drawn, after the expiry of all leave due and
admissible to him on average pay be granted T.B. leave on average pay and the
leave salary for such T.B. leave should be regulated under normal rules. The
total T.B. leave should not exceed one year. After the expiry of this leave,
leave on half pay, if due, should be granted in case it is found that a further
period of leave is necessary for his recovery. After the expiry of leave on
half pay, the employee should be placed before the Medical Board for his examination
as to his physical fitness for further service and should be granted
extraordinary leave recommended by the Medical Board subject to the condition
that all leave granted under these rules does not exceed three years. The T.B.
leave on average pay granted under this rule should not be debited to the leave
account of employee. (k)
The
concession of T.B. leave on average pay to employee admissible under sub-rule
(g), should be allowed to such an employee suffering from T.B., who may be on
half-average pay or on extraordinary leave subject to the condition that all
leave under these rules shall not exceed three years. (a)
While
on leave, the employee should be required to undergo treatment in a Government
Medical Institution, or if he so prefers, place himself for treatment under a
competent private Medical Practitioner or in any of the approved non-Government
Tuberculosis Sanatoria or Institutions mentioned below: The Bel-Air Sanatorium, Dalkeith, Panchgani. Hill Side Sanatorium, Vengurla. Wanless Tuberculosis Sanatorium, Wanlesswadi. The Nashik Tuberculosis Sanatorium, Mahasrul,
Nashik. The Group of Tuberculosis Hospitals, Sewri,
Bombay. The N.M. Wadia Charitable Hospital, Solapur. The Talegaon General Hospital and
Convalescent Home, Talegaon (Dabhade), District Pune. The Shashikala Tuberculosis Sanatorium,
Jaysingpur, District Kolhapur. The Swastik T.B. Sanatorium, Wai, District
Satara. The Evangeline Booth Hospital, Ahmadnagar,
District Ahmadnagar, K.E.M. Hospital, Bombay. The Medical Officers should have discretion
to decide whether a patient should be asked to stay in a hospital or a
sanatorium, or whether he should take treatment while staying outside such
institutions under such conditions as may be considered necessary. (b)
(i)
Reasonable facilities should also be provided as far as possible, for admission
of an employee to the existing institutions (i.e. Government Hospital or
approved non-Government Hospital or Sanatorium), provided he is deemed fit by
the Civil Surgeon of the District concerned or the Superintendent, J.J. Group
of Hospitals or G.T. Hospital, Bombay, for institutional treatment. (ii) An employee who cannot be accommodated
either in a Government Hospital where proper facilities for the treatment of
T.B. exist or in a reserved bed in one of the private T.B. Sanatoria Where
Government has reserved beds for the free treatment of Government servants and
who is allowed to take treatment in a non-Government Sanatorium or Hospital or
under a private medical practitioner shall be entitled to the following
concessions: (a)
In
ease of an employee whose pay does not exceed Rs. 760 per month the expenses on
Hospital or Sanatorium charges, special diet and special medicines subject to
the limits mentioned in (b)
In
case of an employee whose pay exceeds Rs. 760 per month only charges on
medicines included in the latest National Health Formulary of the United
Kingdom but not exceeding the limit mentioned in Rule 4(3). (c)
Employees
undergoing treatment under Private Medical Practitioners or as out-patients at
Government Hospitals or recognised private Institutions should be granted the
concessions subject to the following conditions: (i)
The
Medical Officer, i.e. the Civil Surgeon or the Superintendent of Government
Hospital should certify that the employee can take treatment of such medical
practitioner under such conditions as he considers necessary. (ii)
The
Medical Officer who has examined the employee should, as far as possible, try
to secure him admission in a Government Hospital and at the same time furnish
him with a list of approved sanatoria or institutions, so that the patient may
also on his own seek admission to one of them. (iii)
The
necessary vouchers for the special medicines purchased by the patient for
himself should be produced and countersigned by the Medical Practitioner or the
authorities' of the Institutions concerned, as the case may be. (c)
The
allowance for special diet at the rate of Rs. 50 per month or equal to the
actual expenditure incurred whichever is less should be granted subject to the
condition that declaration as stated below is given by the patient and is
countersigned by the Medical Attendant:-- I hereby declare that, I, Shri
................ was Under the treatment of Dr. ................. for
tuberculosis, and under his advice, I have taken special diet, such as
................ for which I have incurred an expenditure of Rs. .......... for
the period from ................ to .................. (d)
Employees
taking treatment as indoor patients in Government institutions should be
granted monetary concessions towards items on which they have incurred
expenditure, subject to the maximum laid down in Rule 4, provided they produce
necessary [vouchers/certificates in support of their claim. Note. The requirement in regard to production
of vouchers for special diet shall be waived provided a declaration is given by
the employee concerned that he has taken special diet of the value of Rs. 50
per month. Government will assist in the payment of the
cost of special diet, special medicines and sanatorium charges in case of
employees with pay not exceeding Rs. 760 per month, when they are admitted as
paying patients (and not against free beds reserved by Government) to private
approved sanatoria or hospitals upto the following monetary limits: (1)
Rs.
25 per mensem for sanatorium charges (which include charges for ordinary
accommodation, ordinary diet and ordinary medicines) or at the rate actually
paid by the patients, whichever is less; (2)
An
allowance of Rs. 50 a month during the period of high prices towards the cost
of special diet, if any, prescribed by the Medical Superintendent of the
Sanatorium; and (3)
Employees
should be allowed reimbursement of medical expenses incurred by them on account
of special medicines (excluding those included in the list of inadmissible
medicines) under the M.S.S. (M.A.) Rules, 1961. Employees should also be
allowed reimbursement of expenditure incurred by them on account of P.P. sputum
examination, Blood Test, Injections and Operations etc. at the private approved
sanatoria or hospitals. The employee who was suffering from T.B.
should be sent to Medical Board for his examination and the certificate
regarding his physical fitness should be obtained from the Medical Board before
he is allowed to resume his duties under the following conditions: (a)
that
he remains under suitable medical supervision and treatment of a qualified
medical practitioner approved by the Government Medical Officer concerned who
should maintain a special register of such cases so that the patient may be
followed up regularly from time to time in his own interest as well as that of
public health; (b)
that
the employee suspected of Tuberculosis or suffering from "arrested"
Tuberculosis shall undergo periodical re-examination by the proper Government
Medical Officer and if necessary, by a competent authority in Tuberculosis
approved by Government. The re-examination should be done by the Government
Medical Officer free of charge. (a)
For
journeys to Government Medical Institutions and back in connection with the
medical examination and for treatment, employees will be eligible to traveling
allowance as on tour as admissible, under the Bombay Civil Services Rules and
for the purpose of payment of such traveling allowance their residence shall be
treated as their headquarters. Similar traveling allowance will also be
granted, if employees go to approved non-Government Tuberculosis Sanatoria or
Institutions for treatment. (b)
The
attendant, if any, accompanying the patient (employee) should be granted actual
single fare of the appropriate class in which the patient travels or a lower
class by which the attendant actually travels. In the event of an employee suffering from
Tuberculosis being declared fit for duty the Management concerned should,
wherever possible, give him light duty for another year or so, and also allow
him some period for rest daily or occasionally as advised by the Medical
Attendant of the employee. Temporary employees who have put in more than
a year's continuous service shall be eligible to the concessions under these
rules other than monetary concessions and concessions of T.B. leave on average
pay. The monetary concessions and the T.B. leave on average pay will be
admissible only to those temporary employees who have put in not less than
three years' continuous service. Temporary employees with less than a year's
service are not entitled to any of these concessions. Note. Continuous service of one year or three
years means service of specified duration under the Management till the
commencement of leave for treatment of T.B. The expenditure on account of monetary
concessions extended under these rules should be debited to the appropriate
budget heads mentioned below:-- "277-Education" (i)
A-Primary
Education--(f) Teachers' Training--f-(II) Assistance to non-Government Junior
Colleges of Education--a(i) Maintenance Grants to the non-Government Junior
Colleges of Education--Grant-in-aid (2770313). (ii)
B-Secondary
Education--(k) Assistance to non-Government Secondary Schools--k(1)
Grant-in-aid to Ordinary Secondary Schools (2770897). (iii)
(1)
Assistance to Local Bodies for Secondary Education--(i)(2) Grant-in-aid to
Other Local Bodies (2770968). (iv)
D-Pre-University
Education--(v) Assistance to non-Government Institutions--(v)(a)(i)
Grant-in-aid to non-Government Junior Colleges (2778065). (v)
Grant-in-aid
to Other Local Bodies for Junior Colleges (2778083). (vi)
F-Technical
Education--(ap)-Assistance to Non-Government Technical Industrial
Institute--(i) Maintenance Grant--(a) Technical and Industrial Schools
(2773528). The concessions available under these rules
shall, in any case, cease when the employee attains the age of superannuation. Employees who were suffering from
Tuberculosis and who have been declared fit to resume duties should be granted
the following monetary concession: Rs. 30 per month for extra diet. The above concession will be available for a
period of one year with effect from the date of the employee resuming duty,
subject to the conditions that the extra diet, medicines and tonics are
recommended by the Civil Surgeon or the authorities of the hospital in which he
was taking treatment and subject to the production of necessary vouchers in
support of his claims. The Managements when granting the
concessions, should insist on the certificate of the Civil Surgeon or the
authorities of the hospital in which the employee was taking treatment,
recommending extra diet, medicines and tonics. On the production of vouchers
for medicines and tonics, a declaration given by the employee concerned that he
has taken extra diet of the value of Rs. 15 per month in place of vouchers for
extra diet, should suffice. The Management under whom the employee in
need of the concession is serving should be the authority to sanction these
concessions. Employees suffering from T.B. and declared
fit to resume duty on expiry of leave should report for periodical check-up at
the nearest Civil Hospital where there is X-Ray or at the recognised sanatorium
where free beds are reserved for Government servants. Their periodical check-up
should be done till the specialist examining the patients considers that such
check-up is necessary in their cases and not indefinitely. The expenditure on
account of the traveling allowance of such employees should be held admissible
for non-salary grant. (1)
The
concessions granted to employees suffering from Tuberculosis may be granted to
employees again if after having once availed of these concessions and having
been certified to be fit for duty after treatment the employees contact T.B.
again. (2)
The
Management under whom an employee in need of T.B. concessions is serving is the
authority competent to sanction these concessions. The vouchers required to be
produced under rule 3(d) should, therefore, be produced before the Management
in order to enable it to authorise the concessions. It is not necessary to
attach these vouchers to the bills presented at the Pay unit of the district
concerned. (3)
The
concessions admissible to employees as per paragraph 1 above are also available
to the employees suffering from T.B. while they are under suspension. They are
not available to employees suffering from ordinary pleurisy. (4)
Employees
who have put in not less than 3 years' continuous service and suffering from
leprosy/cancer or paralysis should be granted the concessions regarding T.B.
leave on average pay admissible under sub-rule (g) of rule 2 of rules regarding
T.B. concessions to employees and the monetary concessions admissible under
sub-rule (c) of rule 3 and sub-rules (1) and (2) of rule 4 and rule 11 of the
said rules. They should also be granted the special diet allowance at Rs. 50
p.m. or equal to actual expenditure incurred whichever is less even they are
not required to be on leave. The special diet allowance should be for a period
of one year or till the A.M.A. recommends whichever is earlier. They should
also be granted T.A. for their journey to Government Medical Institutions and
back in connection with the medical examination and for treatment as per the
provisions of rule 6(a) and (b) of the rules regarding T.B. concessions. (5)
The
Ex-T.B. patients who were once in employ in the respective institution but were
discharged on account of their affliction with T.B. will be eligible for
re-employment provided they have been declared non-infective and medically fit
for employment by a T.B. specialist or a medical authority authorised in this
behalf by Government. (i)
The
authority to declare Ex.-T.B. patients as non-infective and medically fit for
employment in respective institutions should be a Medical Board. The Civil
Surgeon/District Medical Officers in-charge of the Civil Hospitals,
Superintendents of Medical Institution in Bombay and Superintendents of
Government T.B. Sanatoria including Superintendent, Hospital for the diseases
of Chest, Camp Aundh, Pune, are authorised to convene a Medical Board for the
Examination of the Ex-T.B. patients and for issue of fitness certificates to
them. (ii)
They
will be eligible for re-appointment to the posts previously held by them if
vacancies exist or to equivalent posts in their own institutions or
institutions conducted by the same Management. (iii)
They
will be eligible for re-appointment by the Management concerned whenever there
are suitable vacancies. (iv)
If
they cannot be re-employed by the Managements concerned for want of vacancies,
employment assistance to them will be rendered by Educational Inspector,
Greater Bombay or the Education Officer. Zilla Parishad concerned, as the case
may be. For this purpose they will be treated as transferred employees. (v)
On
their re-employment in the same posts from which they were discharged, the
actual previous service rendered by them should be treated as qualifying
service for purposes of pension and seniority and for purposes of pay they
should be placed in the same position in which they were at the time of their
discharge from service. The break in service between the date on which they
were discharged from service and the date of their reemployment would itself
however be regarded as continuous. (vi)
On
re-employment they will not be required to undergo a fresh medical examination
if they had been medically examined on their first appointment. (6)
Whenever
an employee who retires on invalid pension being incapacitated for further
service on account of the affliction with T.B. is re-employed being cured of
the disease. (i)
his
pay on re-employment will be regulated according to Rule 82.6, 82.9 or 82.10 of
the Secondary Schools Code (Revised Edition 1979)/sub-rule 3, 5 or 6 of rule 17
of the Maharashtra Employees of Private Schools (Conditions of Service) Rules,
1981, as the case may be, (ii)
he
will not be required to undergo a fresh medical examination and (iii)
the
leave standing to his credit will be carried forward. (7)
The
concessions mentioned in paragraphs 5 and 6 above are applicable to employees
who were in service but were discharged on account of their affliction with
T.B. Pleurisy, as distinguished him ordinary pleurisy. They are also applicable
mutatis mutandis to those who were in service but were discharged on account of
their affliction with leprosy. (i)
The
T.B. concessions may be granted to the employees concerned for two times in
ordinary course and the third time after producing the necessary certificate
from the Authorised Medical Attendant that the employee has scrupulously
followed the provisions in Rule 5 and that it is still necessary to grant him
T.B. concession for the third time. Such cases should be referred to Government
for orders. (ii)
The
T.B. Concession should not be granted to the employees for the fourth time and
that cases of the employee asking for concession for the fourth time should be
put before the Medical Board for invalidation. The concessions to employees suffering from
T.B. sanctioned under these rules as amended from time to time, will not be
available to those employees who do not restrict their family size to 3 living
children, if they have less than 3 children or to their present size if they
have more than 3 living children. Note. The Management should furnish the
following Certificate while sanctioning the concessions to the employees
concerned:-- CERTIFICATE (1)
CERTIFIED
that the size of the family of Shri/Smt. .................................. has
not exceeded three living children. (2)
CERTIFIED
that the size of the family of Shri/Smt. .................................. as
on 1st August 1980 is .................... living children and that size has
not been exceeded and that he/she has undertaken to take terminal measures
(either Vesectomy or Tubectomy) before 31st December 1981. (3)
He/She
is eligible for the concessions admissible under the rules regarding T.B.
concessions to employees in aided non-Government Secondary Schools etc. RULES
REGARDING T.B. CONCESSIONS TO THE EMPLOYEES IN NON-GOVERNMENT SECONDARY
SCHOOLS, ETC.
PREAMBLE
Rule – 1.
Rule – 2.
Rule – 3.
Rule – 4.
Rule – 5.
Rule – 6.
Rule – 7.
Rule – 8.
Rule – 9.
Rule – 10.
Rule – 11.
Rule – 12.
Rule – 13.
Rule – 14.
Rule – 15.