THE ALL INDIA SERVICES (MEDICAL ATTENDANCE) RULES, 1954

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. Short title and application-

(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.

2. Definitions.-

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

(d)     the parents, children and step-children of such member wholly dependent upon that member;

(e)     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 Rs. 350;

(f)      For the purpose of this clause step-parents shall not be treated as parents;

(g)     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;

(h)     "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);

(i)       "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;

(j)      "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:

(k)     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

(l)       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;

(m)    "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);

(n)     "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;

(o)     "patient" means a member of the Service who requires medical attendance and treatment;

(p)     "State" means the State in which a member of the Service falls ill;

(q)     "treatment" means the use of all Medical and surgical facilities available at the Government hospital in which a patient is treated, and includes-

(r)      the employment of such pathological, bacteriological, radiological or any other methods as are considered necessary by the authorised medical attendant;

(s)      "dental treatment, including extraction of teeth, scaling and gum treatment, filing of teeth (other than cost of denture) and root canal treatment.

(t)      the supply of such medicines, vaccines, sera or other therapeutic substances as are ordinarily available in Government hospitals in the State but excluding:-

(u)     such preparations which are not medicines but are primarily used as food, tonic, toilet of disinfectant, and

(v)     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.

(w)    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;

(x)     such accommodation as is ordinarily provided in the hospital to which the patient is admitted and is suited to his status;

(y)     the services of such nurses as are ordinarily employed by the hospital to which the patient is admitted;

(z)      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

(aa)   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).

3. Medical Attendance by authorised medical attendant.-

(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.

4. Medical Attendance and treatment of families of members of the Service.-

(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.

5. Travelling Allowances.-

(1)     When the place at which a patient falls ill is not the headquarters of the authorised medical attendant :-

(2)     the patient shall be entitled to travelling allowance for journey to and from such headquarters; or

(3)     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.

(4)     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.

6. Medical attendance by person other than authorised medical attendant.-

(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)-

(2)     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

(3)     if the patient is too ill to travel, summon such specialist or other medical officer to attend upon the patient.

(4)     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.

(5)     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.

7. Hospital at which treatment may be received and reimbursement therefor.-

(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.

8. Treatment at residence.-

(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).

9. Charges for services other than medical attendance to be paid-

(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.

10. Countersignature of certificate for reimbursement of travelling allowances.-

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.

11. Transfer to foreign service.-

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.

11-A. Deputation to Government Organisation having separate Medical Attendance Rules.-

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.

12. Injuries due to civil disturbances.-

(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.

12-A. Application of the Contributory Health Service Scheme.-

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.

13. Interpretation.-

If any question arises as to the interpretation of these, rules, the Central Government shall decide the same.

14. Saving.-

Nothing in these rules shall be deemed to -

(1)     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

(2)     entitle a member of the Service to reimbursement of any cost incurred in respect of ?

(3)     such preparations which are not medicines but are primarily used as food, tonic, toilet or disinfectant, and

(4)     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.

(5)     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.Top of Form