THE ALL INDIA SERVICES (MEDICAL ATTENDANCE) RULES,1954

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 Government 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-

   2 (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 the 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

;

   2 (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.

2 (c) "family" means-

   (i) the wife, or husband, of a member of the Service; and

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

   Explanation I-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.

   "Explanation II-For the purpose of this clause step-parents shall not be treated as parents.

   Explanation III-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.

   2 (d) "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);

   2 (e) "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;

   2 (f) "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;

   (i) such pathological, bacteriological, radiological or other methods of examination for the purposes of diagnosis as are available in any Government hospital or laboratory 10[ ] and are considered necessary by the authorised mendical attendant, and

   (ii) 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;

   2 (g)"member of the Service" means a member of an All-India Services as defined in section 2 of the All India Services Act, 1951, (61 of 1951);

   2 (h) "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;

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

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

   11Substituted vide Notification No. 8/22/66-AIS(III), 19-10-1966.

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

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

  12 (ii) "dental treatment including extraction of teeth, scaling and gum treatment, filling of teeth (other than cost of denture) and root canal treatment"

   Explanation (deleted)

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

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

   (iii) (b) 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.

   (iv) 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;

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

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

   (vii) 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

   (viii) 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-

   3 (1) A member of the Service shall be entitled to free of charge to medical attendance by the authorised medical attendant.

   3 (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 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 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 Services

   4(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 arrangement with him, and to travelling allowance on the scale and conditions allowed to the member of the Service himself under these rules.

   4(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 the member of the Service.

5. Travelling Allowances.

   5(1) 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 journey to and from such headquarters; 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:

   Provided that a patient shall not be entitled to travelling allowance for a journey for attendance by a dentist or an oculist.

   5(2) 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.

   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 he may, with the approval of the Chief Administrative Medical Officer of the State (which shall be obtained beforehand unless the delay involved entails danger to the health of the patient)

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