Whereas, rule 10
of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971 prohibits
Govt. employees from engaging themselves directly or indirectly in any trade or
employment or undertake any other employment except with the previous sanction
of the Govt; and Whereas rule 15 of
the Jammu and Kashmir Medical Education (Gazetted) Service Rules, 1979 provides
that no member of the Service shall undertake private practice unless otherwise
directed by the Govt. by any general or special order; and Whereas section 13
of the Jammu and Kashmir Public Men and Public Servants (Declaration of Assets
and other provisions) Act, 1983 prohibits public servants whether on leave or
in active service from practising any profession or carrying on any trade or
business directly or indirectly or under taking any other employment without
the previous permission in writing of the prescribed authority namely, the
Govt; and Whereas the Govt.
vide notification SRO-42 dated 23rd January, 1987 framed J&K Govt. Doctors
( Relaxation of Restrictions on private practice) Rules, 1987 which allowed
private practice by certain members of Govt. doctors belonging to State Health
Services and Medical Edu. Gazetted Service; and Whereas the Govt.
reviewed the issue and vide notification SRO-196 dated 4.8.1995 rescinded the
J&K Govt. Doctors (Relaxation of Restrictions on private practice) Rules,
1987; and Whereas consequent
upon the rescinding of the J&K Govt. Doctors (Relaxation of Restrictions on
private practice) Rules, 1987 it was observed that the general public had to
face lot of difficulties: Now, therefore, in
exercise of the powers conferred by section 16 of the Jammu and Kashmir Public
Men and Public Servants Declaration of Assets and other provisions Act, 1983
read with section 13 thereof, the Govt. hereby makes the following Rules,
namely: ? (1) These
Rules may be called the Jammu and Kashmir Govt. Doctors (Relaxation of
Restrictions on private practice) Rules, 1998. [1](2)
They shall come into force on the date of their publication in the Govt.
Gazette. In these Rules,
unless the context otherwise requires:? (a)
"Governments Doctors" means the persons who are
appointed as such in the Health Service of the Govt. and Indian System of
Medicines other than the members of the service as defined in clause (b); and (b)
"Members of the Service" means a member of the
Jammu and Kashmir Medical Education ( Gazetted) Service as defined in rule 4 of
the Jammu and Kashmir Medical Education Gazetted) Service Recruitment Rules,
1979; (c)
"Service" means the Jammu and Kashmir Medical
Edu. (Gazetted) Service constituted under the J&K Medical Edu. (Gazetted)
Service Recruitment Rules, 1979 and the J&K Dental Education (Gazetted)
Service constituted under J&K (Dental College) Gazetted Service Recruitment
Rules, 1992 A member of the
service and a Govt. Doctor are permitted to undertake private practice subject
to the restrictions and conditions provided hereinafter in these rules. No person who is? (a)
a member of the service shall undertake private practice (i)
during the office hours; (ii)
on the day of admission of patients in his unit or
attending to emergencies; (iii)
if he is appointed to the teaching wing of the service on
the non-clinical, wing like Pathology, Bio-Chemistry, Anatomy, Physiology, Microbiology,
Forensic Medicine, P & S Med. and Pharmacology and posted as Demonstrators,
Registrars and on any other tenure posts provided they possess MBBS/BDS or
equivalent degree recognised by MCI. (iv)
If he is, or is appointed as, the Principal of any Medical
College/Dental College in the State Supdt./Asstt. Med. Supdt of Medical College
Hospital and other Hospitals Associated with the Medical College Jammu/Sgr. (v)
Any other post which may be specified by the Govt. from time to time. (b)
a Govt. doctor shall not undertake private practice (i)
during office hours; (ii)
if he is, or is appointed as ? (a)
Director Health Services; (b)
Dy.Directors/Asstt.Directors; (c)
Chief Medical Officers/Dy. CMOs & BMOs/DTOs-D.I.Os (d)
Med. Supdt. of a Govt. Hospital; or (e)
if he is selected for any PG course; (f)
any other post which may be specified by the Govt. from
time to time. No member of the
service or a Govt. doctor who is permitted to undertake private practice under
these rules, shall charge consultation fee at a rate higher than the rate
prescribed below:? (i) Super
Specialistsith DM & MCH Qualification Rs.50/-per
patient (ii) Specialist
with PG Qualifications Rs.30/-per
patient (iii)
Others Rs. 20/-Per
patient The fees
prescribed above shall be valid for first visit and one follow up visit by the
patient at the clinic. A member of the
service or a Govt. Doctor who is not entitled to private practice under these
rules shall be entitled to a non-practising allowance which shall be equal to
25% of the basic pay. Any violation of
the provision of these rules by any member of the service or a Govt. Doctor
shall be punishable under section 15 of the Jammu and Kashmir Public Men and Public
Servants Declaration of Assets and other provisions Act, 1983 read with rule 30
of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956. Any rule, order or
notification corresponding to the provisions of these rules, shall stand
repealed from the date of commencement of these rules.THE JAMMU AND KASHMIR GOVERNMENT DOCTORS RELAXATION
OF RESTRICTIONS ON PRIVATE PRACTICE RULES, 1998
PREAMBLE