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State of Rajasthan - Section

Section 2 in Rajasthan Civil Services (Medical Attendance) Rules, 1970

2. Extent of Application.

(1)These Rules shall apply to :-
(i)All Government servants (including probationers) whose conditions of service are regulated or deemed to be regulated by the Rajasthan Service Rules, when they are on duty or on leave (including leave preparatory to retirement) in the Rajasthan, or in any State or Union Territory of India, or while under suspension;
(ii)re-employed persons;
(iii)all Government servants on foreign service or on deputation from Central/other State Governments and vice versa unless anything otherwise is provided in the terms of deputation.
(iv)retired Government servants "including retired members of the All India Services belonging to the Rajasthan Cadre" to the extent indicated in Rule 11 of these rules: and
(v)[Retired Judges of the Rajasthan High Court to the extent indicated in Rule 11 of these rules] [Inserted vide F. D. Notification No. F. 12 (2) FD (Gr. 2)\78 dated 8-1-1981 [1-1-1981].].
(2)these rules shall not apply to :-
(i)those Government servants who are governed or covered by the Employees State Insurance Act and Schemes framed under the said Act. Government establishments to which the Employees State Insurance Act is applicable are indicated in Appendix I;
(ii)those Government servants who are on leave or deputation abroad;
(iii)work-charged, casual and part-time employees, except when these rules are specifically made applicable to them under their service rules;
(iv)persons appointed on contract basis unless otherwise provided in the terms of contract;
(v)officer of All India Service;
(vi)Government servants who proceed outside Rajasthan on leave with the object of securing Medical Attendance outside Rajasthan for themselves or their members of family.
(3)Definitions. - In these rules, unless there is anything repugnant in the subject or context.-
(1)"Authorised Medical Attendant" in respect of a Government servant or class of Government servants at a station or area means :-
(i)a Medical Officer of the Rajasthan Medical Department on duty in a hospital or dispensary; or
(ii)a Medical Officer on duty in a Non-Government Medical Institution recognised as "Government Hospital" under sub-clause (viii) and nominated by the Director of Medical & Health Services; or
(iii)[ a Government Chikitsak in Ayurved/Unani and Homeopathy nominated by the Director of Ayurvedic Department] [Substituted vide F. D. Notification No. F. 12 (1) FD (Gr. 2)\85 dated 20-5-1985 with immediate effect.].
[Explanation. - An Authorised Medical Attendant for one spell of illness shall be either a Medical Officer or a Chikitsak] [Substituted vide F. D. Notification No. F. 12 (1) FD (Gr. 2)\85 dated 20-5-1985 with Immediate effect.].
(iv)"Director of Medical & Health Services" means the Head of the Medical Department in Rajasthan;
(v)"State" means State of Rajasthan;
(vi)"Director of Ayurvedic Department" means the Head of the Ayurvedic Department in Rajasthan;
(vii)"Government" means the Government of Rajasthan;
(viii)[ Government Hospital means a Medical\Ayurvedic \Unani or Homeopathy Hospital\ Dispensary or institution maintained by the Government for purpose of Medical \ Ayurvedic \ Unani or Homeopathic treatment and also includes a dispensary or a hospital maintained by a local authority, or a hospital within the state or outside the State with which arrangements have been made by the Government for the treatment of Government servants] [Substituted vide F. D. Notification No. F. 12 (1) FD (Gr. 2)\85 dated 20-5-1985 with Immediate effect.];
Note.- List of dispensaries \ hospitals with which arrangements have been made by the Government for treatment of Government servants is given in Appendix II.
(ix)"Family" means Government servant's wife (not more than one) husband (in the case of a woman Government servant), children including children adopted legally and parents, if wholly dependent upon the Government servant.
[Note.- The condition of dependence both in the case of husband or wife of the Government servant has been dispensed with provided the Government servant has exercised an option, intimating the Appointing Authority, that claims of medical reimbursement will be made to Government for the spouse even though his/her spouse is employed elsewhere in a body having prescribed procedures for reimbursement of medical expenses. Such option can be revised only with Government approval] [Inserted vide F. D. Notification No. F. 12 (2) FD (Gr. 2)\85 dated 17-8-1984 with immediate effect.].Explanation: - (a) For the purpose of this clause the parent does not include step parents.
(b)For the purpose of this clause the parent shall be regarded as wholly dependent upon the Government servant if they normally reside with the Government servant at the place of his duty and their total monthly income from all sources does not exceed [Rs. 1000/-] [Substituted words and figures vide F. D. Notification No. F. 12 (12) FD (Gr. 2)\82 dated 27-12-1982 with effect from 1-1-1983. Again substituted words and figures 'Rs.500/-' vide F. D. Notification No. F. 12 (12) FD (Gr. 2)\82 dated 29-11-1990.]. Lump sum non-recurring income e.g. Contributory Provident Fund, gratuity, Government of India's Prize Bonds, insurance benefits etc. shall not be regarded as income for the purpose of this clause but recurring monthly income from sources such as house, land holding etc. should, however, be taken into account for the purpose of assessing income.
(c)A declaration regarding income and the residence of parents shall be furnished by the Government servants once in the beginning of every calendar year. In case the declaration is submitted subsequently, the reimbursement shall be admissible in respect of parents who undergo treatment after the date of submission of the declaration.
(x)"Medical Attendance" means in respect of a Government servant, attendance in a Government Hospital or the clinic of the authorised medical attendant or in the case of illness which compel the patient to be confined to his residence, at the residence of the Government servant by the authorised medical attendance and includes:
(a)such pathological, bacteriological, radiological or other methods of examination for the purpose of diagnosis as are available in any Government Hospital or laboratory in the State and are considered necessary by the authorised medical attendant, and
(b)such consultation with any other medical officer or specialist in the service of the 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.
(xi)"Patient" means Government servant who has fallen ill and to whom these rules apply ;
(xii)"Treatment" means the use of all medical and surgical facilities available at the Government Hospital in which the patient is treated, and includes:
(a)the employment of pathological, bacteriological, radiological or any other methods as are considered necessary by the authorised medical attendant.
(b)dental treatment where the diagnosis of the physiological or other disability from which a patient is suffering indicates that the teeth are the real source of disturbance provided it is of major kind such as treatment of bone disease, wholesale removal of teeth or impacted wisdom teeth but it excludes treatment for Pyorrhea and Singivities of teeth.
(c)surgical operations needed for the removal of Odontomes including the oral surgery of the mouth.
(d)the supply of such medicines, vaccines, sera or other therapeutic substances as are ordinarily available in Government hospitals in the State.
(e)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 condition of the patient, but excluding medicines which are regarded as food, toilets, tonics having more food value, disinfectants and other similar preparations.
(f)Confinement in Government Hospital and pre-natal and post- natal treatment of wife of a Government servant and a female Government servant.
(g)provision of accommodation in Government hospitals on the scale and subject to the conditions mentioned in rule 4 (1).
(h)consultation fee charged by the Authorised Medical Attendant from Government servants for attendance at residence of the patient as per schedule contained in Appendix 'X' of the Rajasthan Service Rules, Vol. II and also fee charged by Compounder/Nurse for administering injection at the residence of the Government servant as per rates laid down in above mentioned Appendix 'X'.
(xiii)[ "Pay" for the purpose of these rules, means total of pay in running pay band and grade pay drawn.] [Substituted by Notification No. G.S.R. 95, dated 12.9.2008 (w.e.f. 19.2.1970).]