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Bengal Presidency - Section

Section 816A in Police Regulations, Bengal , 1943

816A. Leave on medical certificate of officers of and below the rank of Inspector and other subordinate officers. [§ 12, Act V, 1861].

(a)A subordinate officer in superior service who wants leave or extension of leave on medical certificate shall submit an application to the Superintendent through his immediate superior. The application shall be accompanied by a certificate given by a registered medical practitioner or by a request for the issue of a requisition for examination by a medical officer in the service of the Crown. Police officers under treatment in a police hospital, who require leave on discharge from the hospital, shall be granted such leave as may be recommended by the Civil Surgeon or the medical officer-in-charge.
NOTE. - (i) In the case of officers on leave outside Bengal medical certificates may be obtained from the registered medical practitioners of the province concerned.(ii) In the ease of a servant of the Crown in inferior service the authority competent to grant the leave may accept such certificate as it may deem sufficient.(For further instructions and form of medical certificate see S. Rs. 227-229 and 229A of the Fundamental Rules and Appendix 8, Bengal Service Rules.)
(b)When applicants are reported by their departmental superiors as having reasons other than or in addition to illness for applying for sick leave, they shall be kept under close observation to enable the medical officer to satisfy himself whether or not leave is absolutely necessary, and his final decision shall be based on the result of such observation.
(c)If in any case, the certificate granted by a registered medical practitioner is found on enquiry to be false the fact shall be reported to the Council of Medical Registration.
(d)All medical certificates upon which leave of any kind is granted or extended should be filed with the medical history sheet.
(e)The authority competent to sanction leave may at its discretion secure a second medical opinion by requesting the Presidency or Civil Surgeon (or in the case of the Railway Police the Chief Medical Officer concerned) to have the applicant medically examined. (See regulation 813.) In such cases the necessary particulars regarding, the applicant's previous medical history shall be given as far as available for the information of the medical officer.
(f)If in any case the opinion of the Presidency Surgeon or the Civil Surgeon is unfavourable to the applicant, an appeal shall lie to the Medical Board and the decision of the Boards shall be final. Such appeals should be made within 15 days from the date of communication to the applicant of the result of the medical examination.
(g)Applications for permission to appear before the Medical Board shall be made to the Superintendent or the head of the office, as the case may be. Having obtained the necessary permission, the officer concerned shall present himself with the medical certificate before the Board. [See clause (b) of regulation 812].