Section 23(2) in Employees' State Insurance (Punjab Medical Benefit) Rules, 1953
(2)After an investigation by the Medical Service Committee into any question relating to the conduct of an Insurance Medical Practitioner, the Director of Health Services may take action in any one or more of the following ways:-(a)If the Director of health Services is satisfied, after consultation with the Allocation committee that owing to the number of persons included in his list the Insurance Medical Practitioner is unable to give adequate treatment to all those persons, he may impose a special limit on the number of persons for whom the Insurance Medical Practitioner may under take to provide treatment and in that event any number in excess of that limit shall be dealt with as though the list of that Insurance Medical Practitioner was by that number in excess of the general limit fixed for the Insurance Medical Practitioner in that area.(b)The Director of Health Services may recover from the Insurance Medical Practitioner, by deduction from his remuneration or otherwise, any expenses (other than expenses incurred in connection with an investigation by the Medical Service Committee) which have been reasonably and necessarily incurred by the Director of health Services or by any insured person or any person acting on his behalf or on behalf of the family of a deceased insured person owing to the Insurance Medical Practitioner's failure or negligence in complying with the terms of service and any expenses so recovered shall, in the case of expenses incurred by the insured person or by any person acting on his behalf or on behalf of the family of a deceased insured person, be repaired to the insured person or other person by whom the expenses have been incurred.(c)If the Director of Health Services is satisfied, on consideration of any report by the Medical Service Committee, that an Insurance Medical Practitioner has failed to comply with the terms of service applicable to him, he may recommend to the State Government that -(i)he be authorised to withhold such amount as he deems fit from the money payable as remuneration to the Insurance Medical Practitioner ; or(ii)the continuance on the Medical List of the Insurance Medical Practitioner will be prejudicial to the efficiency of the service and that he be authorised to remove the Insurance Medical Practitioner's name from the Medical List :Provided that before deciding to withhold any such amount or to remove the name of the Insurance Medical Practitioner from the list, the State Government shall afford to the Insurance Medical Practitioner concerned as reasonable opportunity of making representations to it on the matter.In this rule "negligence" includes failure to exercise reasonable skill and care in the treatment of a patient, failure to visit or treat a patient when necessary, failure to supply any necessary medicine or dressings for the use of a patient or failure to discharge the obligation imposed on Insurance Medical Practitioners to advise the patient as to the steps to be taken to obtain necessary treatment if the condition of the patient is such as to require treatment which is not within the scope of the Insurance Medical Practitioners; obligations under the terms of service.
