Section 34A in The Subsidiary Rules

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State of Uttar Pradesh - Section

Section 34A in The Subsidiary Rules

34A.

(1)The permission to undertake private medical work (other than professional attendance) on the fees permitted by the following rules is subject to the general condition that no medical officer shall undertake any work on behalf of a private person or body or public body without the knowledge and sanction, whether general or special, of the local head of his department, or if he is himself the local head, of the head of his department, and sanction shall be subject to the condition that the work does not interfere with the official duties of the medical officer concerned.

(1A)Except where otherwise provided in these rules, professors and readers at the Agra Medical College, Ganesh Shanker Vidyarthi Memorial Medical College, Kanpur and Moti Lal Nehru Medical College, Allahabad may for purposes of these rules, rank as Civil Surgeons and lecturers as Provincial Medical Service officers not being civil surgeons. This applies only to those professors, readers and lecturers who are allowed to engage in private practice.

(2)In cases where the fee is under the rules divisible between the medical officer and the Government, the total amount should, except in the case of a medical board otherwise provided for in rule 10 or of Provincial Medical Boards for which the Government have prescribed special procedure, first be credited to the Government, the share of the medical officer being afterwards drawn on a refund bill in form 19 of the Financial Handbook, Volume V. In all such cases a complete record of the work done and of the fees received should be kept by the medical officer.

(3)The rates of fees given in the following rules are the maxima which a medical officer will be free to reduce or remit, if he is entitled to appropriate them himself. In cases where the fee is divisible between the medical officer and Government, the former may charge lower rates in special cases where he considers it necessary either owing to pecuniary circumstances of the patient or for some other reason of public interest and the share of Government will be calculated on the basis of the fee actually realized instead of the schedule fee.

(4)Postmortem examinations. - No fee shall be admissible to a medical officer for conducting postmortem medico-legal or other similar medical examinations, when such examinations form part of his ordinary official duty.

(5)A staff surgeon in receipt of an allowance for the medical charge of the civil population as a collateral duty is not entitled to any remuneration for conducting a postmortem or medico-legal examination when such work is done in the ordinary course of his duty as civil surgeon.

(6)Medical officers holding appointments as civil surgeons are entitled to a fee of Rs. 32 for conducting postmortem examinations done otherwise than in course of ordinary duty. Medical officers of the Provincial Medical Service other than civil surgeons and of the Provincial Subordinate Medical Service will under similar conditions be entitled to a fee of Rs. 16 per examination.

(6A)Medico-legal examinations. - A medical officer holding civil medical charge of a district is entitled to a fee of Rs. 16 for conducting a medico-legal examination, and a medical officer of the Provincial Medical Service or Provincial Subordinate Medical Service not in civil medical charge of a district is entitled to a fee of Rs. 8 for such work when this does not form part of his ordinary official duty.

(7)Examination of police injury cases and evidence in court. - No fee is admissible to a medical officer for giving evidence in criminal cases either for the prosecution or for the defence when he is summoned to give evidence on behalf of the Government. Similarly, fees cannot be claimed by a medical officer when he is requested by the police to report on the age of an accused person or as to whether injuries inflicted are simple or grievous.In all other cases, when evidence is given for a private person or a public body, medical officers should settle their fees before they go into court. Once they have been summoned to give evidence by a competent court, the additional fee, if any, will be settled at the discretion of the court:Provided that no government medical officer is permitted without first obtaining the permission of the Director of Medical and Health Services to give evidence for the defence in a case in which the Government is the complainant.

(8)Postal life insurance examinations. - A civil surgeon is entitled to a fee of Rs. 4 for each candidate examined by him under the Postal Life Insurance Rules.

(9)Medical examination for commutation of pensions. - A civil surgeon is entitled to a fee of Rs. 8 for each applicant, examined by him, who applies for commutation of a sum such that the total amount of pension to be commuted, together with the amount or amounts previously commuted, if any, is Rs. 25 or less of the monthly pension.The medical examination of an applicant for commutation of pension who has been granted an invalid pension, or who has applied for commutation of a sum which together with the amount or amounts previously commuted, if any, is more than Rs. 25 of the monthly pension, shall be conducted by a medical board.When the examination is conducted by a medical board, the applicant shall pay a fee of Rs. 4 into a Government treasury and make over the receipt for the fee to the board before examination, together with an additional fee of Rs. 12 in cash to be retained and divided by the members of the board among themselves.In cases where the Government, in the exercise of the discretion allowed by the rules for commutation of pensions desire a second medical opinion, the applicant for commutation of pension shall not be required to pay any further fee.

(10)Medical examination in arbitration cases under the Workmen's Compensation. - A medical officer-in-charge of a civil station is entitled to a fee of Rs. 16 for giving an opinion in an arbitration case under the Workmen's Compensation Act, 1923 (Act VIII of 1923).

(10A)Supply of injury reports to employers of workmen. - A medical officer is entitled to a fee of Rs. 4 for furnishing a report on an injured workman.

(11)Examination of Government servants for medical leave. - No fee shall be charged for any certificate recommending a government servant for leave or extension of leave, and no fee may be charged for a consultation as a result of which such a certificate is granted.Note - Except in cases of an urgent nature or of a few days only, a government medical officer should, as far as circumstances permit, avoid granting a medical certificate recommending leave, and more particularly extension of leave, without the cognizance of the head of the office or department to which the applicant belongs, in order that the head of the office may communicate any essential facts about the applicant's case.

(12)Examination of candidates for entry into Government service. - Except as provided by rule 13, a candidate who has been accepted for Government employment, subject to his being declared medically fit for Government service, shall be examined and certified free of charge by the civil surgeon of the district in which the candidate is resident or to be employed. He should bring a letter from the recruiting authority to the effect that he has been accepted for Government employment if passed medically fit.In other cases, e.g., of candidates for Government appointments who have to submit a medical certificate of fitness with their original applications, a civil surgeon will be entitled to a fee of Rs. 8 per candidate. Medical officers of the Provincial Medical Service may charge Rs. 4 and of the provincial Subordinate Medical Service Rs. 2 for each candidate for Government service examined by them and not previously approved or accepted subject to medical fitness or sent by the head of office or department.

(13)Examination of candidates for naib-tahsildarship. - A civil surgeon is entitled to a fee of Rs. 5 for each candidate for the post of naib tahsildar examined by him.

(14)Examination of candidates for admission to certain educational institutions. - A fee of Rs. 4 may be charged by a civil surgeon for examining candidates for admission to the Police Training School, Moradabad, the Agricultural College, Kanpur, the Forest College, Dehra Dun, the Punjab, Patna and Calcutta Veterinary Colleges, the Medical School. Agra and the Qanungo Training School, Hardoi.The same fee is chargeable from any candidate for admission to any technical or industrial institution under the Department of Industries who is required by the head of the institution concerned to produce a certificate by a civil surgeon. Such heads of institutions are, however, at liberty, should they see fit to do so, to accept certificates of medical fitness from other medical officers in the employment of Government, in which case the fee chargeable by such medical officers will be Rs. 2.

(15)Examination of candidates for appointment as patwaris in the hill district of Kumaun Division. - In the hill pattis of the Kumaun Division, Assistant surgeons who are required to examine candidates for appointment as patwaris are entitled to a fee of Rs. 2 per candidate.

(16)Examination of candidates for training at normal schools. - Medical officers of the Provincial Subordinate Medical Service attached to district or municipal board dispensaries and paid by those bodies shall examine candidate for training at normal schools without any remuneration.Candidates for posts under district or municipal boards shall, when required by the boards to be medically examined, be examined by such medical officers free of charge.

(17)Examination of candidates under the Factories Act. - A civil surgeon appointed as a certifying surgeon under the [Indian Factories Act, 1911 (Act XII of 1911)] [See now Factories Act, 1948 (Act No. 63 of 1948).], shall not charge any fee for the examination of children applying for employment in factories or for the re-examination of children in respect of whom notice has been served upon the manager.

(18)Remuneration for conducting grade examination of certain sub-assistant. - The lecturers of the Agra Medical School are entitled to the following remuneration for conducting the grade examinations of sub-assistant surgeons from district and municipal boards and from Rajputana:

(1)	For marking each answer book in medicine, surgery, and medicaljurisprudence	...	Re. 1 per book per subject.
(2)	For conducting oral and practical examinations in medicine andsurgery	...	Rs. 2 per candidate per subject.
(3)	For conducting theviva voceexamination injurisprudence, hygiene, andmateria medica	...	Re. 1 per candidate per subject.

(19)Lecturers of the Agra Medical School are entitled to 75 per cent of the fees charged to licentiates for post-graduate instruction.

(20)Remuneration for service as examiners in a university. - Medical officers will be entitled to remuneration on a scale *fixed by the authorities concerned for conducting the various examinations of medical students of a college or school when required to do, subject to the condition that such examinations do not form part of the official duties of the officer conducting them.Note - The scale is subject to variation and is fixed by the University or the State Faculty concerned.The scales of remuneration are at present as follows:

Membership Examination (final)Remuneration for examination students of medical schools. - For setting a paper, looking over written answers and conducting the oral and practical examination, Rs. 150.Licentiateship Examination

			Rs. paise
(i)	Primary and Intermediate Examination-
	(a)	External examiner for setting a paper	...	75.0
	(b)	External examiner for marking each answer-book	...	2.00
	(c)	External examiner for oral and practical examination, percandidate	...	2.00
(ii)	Final Examination-
	(a)	External examiner for setting a paper	...	75.00
	(b)	External examiner for marking each answer-book	...	2.00
	(c)	External examiner for oral examination in each subject otherthan medicine and surgery per candidate with a minimum of Rs. 50	...	2.00
	(d)	External examiner for oral, practical and clinical examinationin medicine and surgery per candidate with a minimum of Rs. 75	...	3.00

(21)Private bacteriological examination at Government laboratories. - Medical officers will be entitled to receive 60 per cent of the fees charged for private bacteriological examinations in Government laboratories, the details of which are given below. The medical officer may divide it with his assistants and subordinates in such manner as he considers equitable:-

			Rs. paise
(1)	Widal's reaction (to any combination of organisms, i.e.typhoid, paratyphoid malta fever, etc.,	...	10.00
(2)	Widal's reaction (to a single organism)	...	5.00
(3)	Wassermann reaction	...	32.00
(4)	Examination of blood smears (for malaria, relapsing fever,etc.)	...	5.00
(5)	Examination of blood smears (for differential leucocyticcount)	...	5.00
(6)	Examination of sputum for tubercle bacilli, etc.	...	5.00
(7)	Examination of urine-
	(a) Clinical and qualitative (i.e. chemical and physical)	...	5.00
	(b) Clinical and quantitative (i.e. estimation of sugar, urea,albumen, acetone, indican, etc.)	...	10.00
	(c) Bacteriological	...	10.00
(8)	Pus smears	...	5.00
(9)	Scrapings from ulcers, sores, films, etc.	...	5.00
(10)	Treponoma palidum-
	(a) Dark ground illumination	}	5.00
	(b) Both methods combined
(11)	Examination of faeces-
	(a) Microscopical	...	5.00
	(b) Bacteriological	...	10.00
	(c) Microscopical and bacteriological combined	...	15.00
(12)	Bacteriological examination of diphtheria-swabs or cultures	...	10.00
(13)	Examination of water-
	(a) Bacteriological examination alone for each sample	...	15.00
	(b) Chemical examination alone for each sample	...	20.00
	(c) Bacteriological and chemical examination combined for eachsample	...	30.00
	(d) Special for locomotive or industrial purposes	...	50.00
(14)	Inoculation of small animals for diagnostic process, tubercle,etc.	...	16.00
(15)	Routine examination of an organism	...	20.00
(16)	Sections of morbid tissues	...	16.00
(17)	Preparation of autogenous vaccines-
	(a) By use of simple culture of media	}	16.00
	(b) By use of complicated media
	(c) By series of tests on complicated media with animalexperiments
(18)	Riddel Walker test	...	32.00
(19)	Chemical and bacteriological examination of milk	...	20.00
(20)	Chemical examination of milk for adulteration with water orchemicals only	...	20.00
(21)	Chemical examination of butter, ghee, oils or drugs	...	20.00
(22)	Chemical examination of malt liquors, spirit and wine	...	20.00
(23)	Blood cultures (negative)	...	15.00
(24)	Blood cultures (positive)	...	25.00

M.D. Examination
			Rs. paise
(a)	For setting each question paper	...	100.00
(b)	For examining each answer-book	...	2.50
(c)	For examining each thesis	...	100.00
(d)	For practical examination including viva voce in Science	...	100.00
(e)	For practical and clinical examination including viva voce inmedicine	...	50.00
First M.B.B.S. Examination
(a)	For setting each question paper	...	75.00
(b)	For examining each answer-book	...	1.50
(c)	For practical and clinical examination including viva voce percandidate (with a minimum of Rs. 100 for the external examiner)	...	2.00
Final M.B.B.S. Examination
(a)	For setting each question paper	...	75.00
(b)	For examining each answer-book	...	2.00
(c)	For practical and clinical examination including viva voce percandidate-
	In pathology, medicine, surgery, ophthalmology and midwifery(with a minimum of Rs. 150 for pathology, ophthalmology andmidwifery, and with a minimum of Rs. 200 for medicine and surgeryfor the external examiner)	...	3.00
	In hygiene and medical jurisprudence (with a minimum of Rs. 75for the external examiner)	...	1.50
	In pharmacology (with a minimum of Rs. 100 for the externalexaminer)	...	2.00
D.P.H. Examination
(a)	For setting each question paper	...	40.00
(b)	For examining each answer-book	...	1.50
(c)	For practical examination including viva voce per candidate(with a minimum of Rs. 40)	...	3.00
(d)	For examination in outdoor work, per candidate with a minimumof Rs. 100	...	2.00

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State of Uttar Pradesh - Section

Section 34A in The Subsidiary Rules

34A.