Central Services (Medical Attendance) Rules, 1944

P reamble

In exercise of the powers conferred by Sub-section (2) of Section 241 read with Sub- section (3) of Section 313 of the government of India Act, 1935 the Governor-General-in- Council is pleased to make the following Rules, namely:

1. Short title and extent of application.--

(1) These rules may be called the Central Services (Medical Attendance) Rules, 1944.

(2) These rules shall apply to all Government servants other than (i) those in railway service, and (ii) those of non-Gazette rank stationed in or passing through Calcutta, whose conditions of service are prescribed by Rules made or deemed to be made by the Central Government, when they are on duty, leave or Foreign Service in India or when under suspension.

Note 1.--Persons in railway service are excluded from the purview of these Rules. Railway employees on deputation to various other offices under the Central Government are, however, governed by these Rules.

Note 2.--These rules do not apply to:

(i) Defence Services personnel.

(ii) Government servants who are on leave or deputation abroad.

(iii) Non-Gazetted Government servants, including Group D, and gazetted Government servant (other than Central Services Group A (drawing pay less than Rs. 750 p.m. stationed in of passing through Calcutta for whom special arrangements for medical attendance and/or treatment have been made.

(iv) Retired Government Officials.

(v) Non-officials sent on deputation abroad.

(vi) Government servants in Delhi/New Delhi who are governed Contributory Health Service Scheme while in New-Delhi.

(vii) Officers of the All-India Services and other persons who are governed by the All-India Services (Medical Attendance) Rules, 1954; and

(viii) India-based officers and staff serving in Mission abroad, who are governed by the Assisted Medical Attendance Scheme.

Note 3.--These rules apply to:

(i) All Central Government servants who are on leave preparatory to retirement, or on refused leave taken immediately after the date of compulsory retirement or on the expiry of an extension of service;

(ii) Officers of the General Administrative Reserve:

(iii) Government pensioners on their re-employment under the Central Government, irrespective of the service to which they belonged at the time of retirement;

(iv) Defence Accounts Department personnel;

(v) Civilians paid from Defence Service Estimates, except those mentioned in para 5 of the Ministry of Defence letter No. 9 (4) 54/8278/D (Civ-II), dated the 18th July, 1957, read with Ministry of Defence letter No. 13 (63)/3177/D (Civ-II), dated 19th March, 1963;

(vi) Central Government servants on terminal leave;

(vii) A probationer;

(viii) Apprentices who are in the whole time service of Government;

(ix) * * * *

(x) Police personnel (including personnel of the Assam Rifles) subject to the conditions specified in the Ministry of Health 0 M. No. F. 13-10/53-LSG (M), dated the 18th March, 1954; and

(xi) All State Government servants on deputation with the Central Government. Note 4.--In regard to medical concessions, the Central Government servants, while on deputation to a State Government will be governed by the rules of the State Government concerned. The State Government may, however, if they so desire, apply the Central Government Rules to such deputationists.

Note 5.--The concessions granted under these rules to Government servants are applicable to their families as well subject to such conditions, or exceptions, as specified in these rules or Section 4 of the Compilation.

2. Definitions.--

In those rules, unless there is anything repugnant in the subject or context--

(a) "Authorised Medical Attendant" means--

(A) in respect of any Government servant 'or any class or classes of Government servants in any station a Medical Officer, whether or not under the employ of the Central Government appointed by--

(i) the Department of Health of the Government of India, where such persons are under the employ of that Department, or

(ii) any other Department of the Government of India, in relation to persons under the employ of that Department, or

(iii) any authority which is declared by the President, under Sub-rule (10) of Rule 2 of the Supplementary Rules, to be the head of a department, in relation to persons under the employ of that authority; or

(iv) the Chairman of the Central Government Employees' Welfare Coordination Committee at stations where such Committees are functioning, in relation to the Central Government employees at that station:

Provided that no Medical Officer under the employ of a State Government or the Administrator of a Union Territory shall be appointed as an Authorised Medical Attendant except after consultation with the Government or the Administrator of that Union Territory

(B) Where no medical officer is appointed as aforesaid:

(i) in respect of a Government servant who belongs to a Central Service Group A, or whose pay is not less than Rs. 750 per mensem, the Principal Medical Officer of the District appointed by the Government to attend its officers in the district;

(ii) in respect of a Government servant not belonging to a Central Service, Group A, whose pay is less than Rs. 750 but more than Rs. 330 per mensem, an Assistant Surgeon, Grade I (Medical Graduate), or other Medical Officer, appointed by the Government to attend its officers in the station;

(iii) in respect of any other Government servant, an Assistant Surgeon, Grade II (Medical Licentiate) or where he is not available, an Assistant Surgeon Grade I (Medical Gratuity), similarly appointed.

Note 1.--To determine the status of an officer, the actual pay he is drawing at the time he falls ill should be taken into account.

Note 2.-- For the purpose of determination of the status of an officer under suspension, the actual pay he was drawing just before the date of his suspension should be taken into account.

Note 3.--In the case of re-employed, pensioners the pension should be taken into consideration alongwith pay for the purpose of determining the grade for the purpose of medical attendance and treatment.

Note 4.--The authorised medical attendant of a Government servant is determined with reference to the place at which he falls ill, whether it be his permanent residence or place of casual stay or the place where he may be spending his leave.

Note 5.--Honorary Medical Officers outside hospital precincts are just like private medical practitioners and so cannot be regarded as the authorised medical attendants of the Central Government employees, under the rules. In Andhara State, however, honorary medical officers have been declared as authorised medical attendants.

(b) "District" means the district in which the Government servant falls ill.

(c) "The Government" means--

(i) in respect of a Part 'A' or Part 'B' State, the State Government; and

(ii) in respect of a Part 'C' State, the Lieutenant Governor or the Chief Commissioner, as the case may be.

(d) "Government Hospital" includes a departmental dispensary whether full time or part time established and sum by a Department of the Government for the medical attendance and treatment of a class or classes of Government servants and members of their families a hospital maintained by a local authority and any other hospital with which arrangement have been made by the Government for the treatment of the Government servant.

Note 1.--Hospitals run by the Railway Administration are not covered by these Rules.

Note 2.--"Local Authority" means Municipal Committee or District Board. It does not include "Cantonment Board". Hence Cantonment General Hospitals are not ordinarily recognised as Government Hospitals.

(e) "Medical Attendance" means--

(A) in relation to an Authorised Medical Attendant appointed under Sub-clause (A) of Clause (a), attendance in consulting room or Government hospital to which he is attached or at the residence of the Government servant, including such pathological, bacteriological, radiological or other methods of examination for the purpose of diagnosis as are available in the Government Hospital or consulting room or in any...

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