GOI'ERNRIENT OF GOA, DARTAN AND DIU Labour and Information Department Notification - Whereas certain draft rules which the Government of ~ o a , Daman and Diu proposes to make in exercise of powers conferred by clause (d) to (h) of sub-section (1) of section 96 of the Employees' State Insurance Act, 1948 (34 of 1948), were published. as requl.red by sub-section (1) of .section 96 of the said Act, at pages 47 to 53 of the bfficial Gazette, Series I, No.
3 dated 19th April, 1975 under the Notification of Labour and Information Department, Government of Goa, Daman and Diu No. CLE/ES1/74, dated 10th April, 1975, inviting objections and suggestions from any person likely to be affected thereby within 15 days from the date of publication of Notification in the Official Gazette;
And whereas the said Gazette was made available to the public on 19th April, 1975;
And whereas no objections and suggestions are received from the public on the said draft;
Now, therefore in exercise of the powers conferred by clauses
(d) to (h) of sub-section (1) of section 96 of the Employees' State Insurance Act, 1948 (34 of 1948), and after consultation with the Corporation, the Government of Goa, Daman and Diu is pleased to make the fallowing rules, namely:-"
PART I General
1. Short title, extent and commencement.- (1) These rules may be 'called the Goa, Danlan and Diu Employees' State Insurance (Medical Benefit) Rules, 1975.
(2) They extend to the whole of the Union territory of Goa, Daman and Diu.
(3) They shall come into force in such area or areas on such date or dates as the Government may, by notification in the Official Gazette, speci:fy in this behalf.
2. Application.- Save as otherwise provided in rule 5, the provision of these rules shall, apply to the insured persons and family members of insured persons.
3. Definitions.- In these rules, unless the context otherwise requires.
(1) "Act" means the Employees' State Insurace Act. 1948;
(2) "Admbstrative Medical Officer" means one or more officers appointed .as such by the Government to control the Administration of medical benefit in such areas as the Government may specify in the behalf;
(3) "Allocation Committee" means a Committee formed under paragraph 3 of the Term of Service for Insurance Medical Practitioner:
(4) "capitation fee" means remuneration payable to an insurance medical practitioner for medical services rendered by him to an insufed person according to the scale of medical benefit prescribed by the Corporation;
(5) "Commissioner" means the Commissioner, Labour and Employment, Government of Goa, Darnan and Diu.
(6) "drugs" includes all medicines for internal or external use of human being and all substances intended to be used for or in the treatment, m~tigation or prevention of disease in human beings;
' ( " ( 6a ) "Four months period" means any of the period from the 1st day of February to the 31st day of May, the 1st day of June to the 30th clay of September and 1st day of October to the 31st day of January."] ( 7 ) "Government" means the Government of Goa, Daman and Diu;
(8) "identity card" means a card issued by the appropriate Z [ . . . ] Offlce of t he Corporation to a n insured person for identification for the purpose of the Act, the rules and regulations thereunder;
(9) "Insurance Medical Practitioner" means any medical practitioner appointed as such to provide medical benefit under the Act and to p e r f ~ r m such other functions a s may be assigned to him and shall be deemed to be a duly appointed medical practitioner for the purposes of Chapter V of the Act;
(10) "Local Medical Organisation" means an Organisation of Medical Practitioners as recognised by the Gbvernment;
( 1 1 ) "medical pract i t ioner" means a person holding a qualification granted by an authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 or specified in the Schedule to the Indian Medical Council Act, 1956;
(12) "medical referee" means a medical officer appointed as such by the Corporation;
'Sub-rule (6a) inserted by (Rrst Amendment) Rules 1982 (0. G. Series I No. 37 dated 9-12-1982) 'The word "Regional" omitted, Ibid.
Sub-rule (13) omittec by (First Amendment) Rules, 1982 (0. G. Series I No 37 dated 9-12-1982) the same reads a s follows:
(13) "quarter" mearis any one of the periods from the 1st day of January to the 31st day of March, the 1st day of April to the 30th day of June, the 1st day of July to the 30th day of September and the 1st day of October to the 31st day of December:
(i.?) "regulations" means the Employees' State Insurance (General) Regulations, 1950;
(15) "State Insurance Medical Formulary" means a list of prescriptions and injections laid down by the Corporation from time to time;
(16) All other words and expressions used herein but not defined, shall have the same meaning as is assigned to them in the Act, the rules made under section 95 or the regulations under section 97 of the Act, as the case may be.
PART II Provisions relating to Medical Benefit
4. Scale of Medical Benefit for insured persons.- The medical benefit provided under these rules shall be according to the following scale:-
(1) General Medical Services which shall include treatment at t he clinic of a n Insurance Medical Practitioner or other institutions and shall consist of:- ,
(1) all treatment other than treatment involving the application of special skill or experience;
(ii) such preventive treatment a s vaccination and inoculations;
(iii) ante-natal and post-natal treatment of insured women;
(iv) the free provision of all drugs and dressings that may be considered necessary;
(v) provision of certificates, free of cost, in respect of sickness, maternity, employment injury and death, required under the Regulations or as may be required by the Corporation;
(vi) domiciliary visits, where necessary.
(2) Maternity medical services for insured women in such manner as the Government may specify from time to time.
(3) In-patient treatment in a hospital which is established or specified for the purpose by the Goiiernment, if accommodation is available therein, and in the case of serious emergency or otherwise it is considered necessary by the Insurance Medical Practitioner. The treatment provided for the patient shall include free maintenance and such specialist and general treatment, as may be available including treatment as confinement where necessary, as may be available at the general wards of the hospital to which the insured person is admitted as well as those special investigations which are considered desirable and for which facilities exist at the hospital or at an associated laboratory.
(4) Facilities for the removal, free of charge, of insured persons to hospital, where necessary by ambulance or otherwise.
* [ " (5 ) Specialist service for investigations and treatment as out-patient at such institutions, a s may be established or managed by the Government, if having regard to the conditions of a patient, such services are recommended by an Insurance Medical Practitioger, Insurance Medical Officer or the Superintendent of the Institution having arrangments for out- -patient treatment of the insured persons."]
5. Scale of medical benefit for insured person's family- The Government shall arrange to provide General Medical Services to the family of an insured person at the dispensary or clinic of an Insurance Medical Practitioner or other institutions similar to that of insured persons as specified in rule 4.
4Sub-rule (5) Inserted by (First Amendment) Rules. 1982 (0. G. Series I No. 37 dated 9-12-1982)
6. Reimbursement of cost, in some cases, of treatment iaken at a place where scheme is not in force.-. If an insured person, while on duty in any area in which the Employees' State Insurance Scheme is not in force, sustains an employment injury and takes treatment at the clinic of a private medical practitioner or a hospital in such area, the cos t 'of s u c h t rea tment or anye port ion thereof may be reimbursed by the Administrative Medical Officer, provided that he w a s not away from his headquarters for more than three months and that his claim is certified a s reasonable by the Commissioner or a local Government medical officer.
7. Provision of general medical services to insured persons by Insurance Medical Practitioners.- (1) The Government shall arrange to provide general medical services to insured persons a t clinics of Insurance Medical Pract i t ioners who have undertake9 to prov~de general medical services under these rules and in accordance with their terms of service.
(2) An Insurance Medical Practitioner shall be deemed to be a p p i n t e d as an ~nsukance Medical Officer for the purposes of the Regulations.
8. The Medical List.-- (1) The Administrative I\/Iedical Officer shall prepare a list of the practitioners whose applications have been approved by the Allocation Committee to be called the Medical List of Insurance Medical Practitioners who have under taken to provide general medical services under these rules and In accordance with the terms of service.
(2) The Medical Lkt shall contain in addition to the names of Insurance Medical Practitioners:-
(a) the private address and the address of any clinic, d i spensary or other place, a t which t h e pract i t ioner undertakes to attend for the purpose of treating insured persons;
(b) part iculars of t he days and hours a t which he undertakes t o be in at tendance a t each place; and
(c) the part of the town or the ward in v\rhich he is prepared to visit patients.
(3) Copies of the Medical List shall be available for inspection by any insured person at the office of the Administrative Medical Officer.
(4) Copies of the Medical List shall be supplied to- ----- ---- - .-
(a) The Medical Commissioner of the Corporation;
(b) The Regional Office of the Corporation;
(c) The Medical Referee concerned; and
(d) On demand to any employer, trade union or medical association.
9 . Applicatia- for inclusion in the Medical List.- Application by a medical practitioner for inclusion in the Medical List shall be rnade by sending the application to the Administrative Medical Officer in the form spec~fied by the Gpvernment for the purpose.
10. Choice of Insurance Medical Practitioner.- (1) Application by an insured person for acceptance by an Insurance Medical Practitioner for inclusion. of his name and the names of Members of his family in the practitioners' list shall be made by delivering to the practitioner a signed medical acceptance card in such form as the Corporation or the 'Government may specify.
(2) The Insurance Medical Practitioner may accept or refuse to include such insured person or members of his family in his list. In case of accepta-nce the Insurance Medical Practitioner shall sign the card delivered to him under sub-rule ( I ) as a token of acceptance and forward it to the Administrative Medical Officer.
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11. Change of Insurance Medical Practitioner.- ( I ) An insured person may change his Insurance Medical Practitioner at any time if he changes his residence to a distant locality or otherwise, not more than once a year:
Provided that the Administrative Medical Officer may if he is satisfied that any special circumstances exist, permit a change at any other time on the' application of an insured person.
(2) The application for such change shall be made by the insured person in such manner as the Government may specify and the Administrative Medical Officer shall intimate the change agreed to or permitted by him to the Insurance Medical Practitioners concerned and to the insured persons.
(3) On the death of or on the removal or withdrawal from the list of an Insurance Medical Practitioner, the Administrative ' .Medical Officer shall give to the persons on tBe. list of such practitioner, notice of their right to apply to another Insurance Medical Practitioner for acceptance.
12. Assignment of insured person to Insurance Medical Practitioners.- An insured person who has not been accepted I I by an Insurance Medical Practitioner in accordance with rule 10 ' shall be assigned to any other Insurance Medical Practitioner by the Allocation Committee, or in emergent circumstances by Administrative Medical Officer.
13. Temporary arrangements.- Temporary arrangements on death or withdrawal from the list of Insurance Medical practitioner shall be as follows:- i 1 I ( I ) For the purpose of securing the treatment of insured persons on the list of an Insurance ~ e d i c a l Practitioner whose name has ceased to be included .in the medical list pending their selection or transfer to the list of another Insurance Medical Practitioner, the Administrative Medical Officer may appoint one or more Insurance Medical Practitioners to undertake the treatment of such persons.
(2) An appointment of any practitioner under this rule shall be for such period as the Administrative Medical Officer may think fit, but not exceeding, except in special circumstances, two months. Pending any such appointment, the name of any person who has not been transferred to another Insurance Medical Practitioner shall be deemed to remain on the list of the Insurance Medical Practitioners whose name has ceased to be included in the Medical list. Any such arrangements shall be reported to the Allocation Committee at its next meeting.
- - - - -- - - . - -
14. Practitioner's List.- (1)- The Admistrative Medical Officer shall prepare and maintain an up-to-date list of insured persons for whose treatment such Insurance Medical Practitioner is for the time being responsible and shall from time to time furnish the Insurance Medical Practitioner with information in such form as the Government may determine with regard to persons included in or remove' from the practitioner's list.
(2) Any deletion, otherwise than by reason of death shall take effect as from the date on which the notice of deletion is sent by the administrative Medical Officer to the Insurance Medical Practitioners or from such other date, not being earlier than that date as may be specified in the notice.
(3) Any deletion by reason of death shall take effect as from the date on whch the person died. -
(4) Inclusion or removal of an insured person in or from the list of an Insurance Me&cal Practitioner shall be subject to such conditions as may be laid down by the Government after consultation with the Coq3oration.
15. Provision of alternative arrangements.- ( I ) In fespect of any area for which it considers this necessary, the Government may provide general medical services to insured persons either-
(a) by setting up Insurance dispensaries for the treatment of insured persons, staffed by full-time or part-time Insurance Medical Officers;
(b) b y making suitable arrangements for a mobile dispensary to visit a central spot near the places of residence of insured persons;
(c) by making suitable arrangements for general medical services at any hospital, dispensary, clinic or other institution maintained by the Government, a local authority, a private institution or a private individual on such terms as may be agreed to by the Corporation; or
(d) by making such other arrangements as may be deemed adequate.
(2) Conditions of service of t h e full-time Insurance ~ e d i d a l Officers and other staff shall be the same as for other medical servicemen in the Union territory of Goa, Daman and Diu.
16. Procedure for obtaining general medical service.- An I I insured person who wishes to claim general medical services shall attend with his identity card at the clinic of the Insurance Medical Practitioner on whose list his name is included or at the dispensary or other institution to which he is allotted:
Provided that In case ef an emergency, an insured person i may claim medical benefit under these rules from any other Insurance Medical Practitioner or at any dispensary or institution providing treatment under these rules:
Provided further that where an insured person is unable to at tend a clinic or the institution, the Insurance Medical Practitioner shall on intimation being received, visit him at his residence if he is satisfied by interrogation or otherwise that the insured person cannot reasonably be expected to come to the clinic .or the institution:
Provided also that if the insured person or his agent fails to produce his or the insured person's identity card, as the case may be, as proof c~f the person claiming the benefit being an insured person, the medical benefit may, subject to the terms of service be refused to him.
17. Provision of hospital services.- The Government may also establish separate hospitals or other medical Institutions for the exammation and treatment of insured persons or may arrange to reserve on such scales and terms as may be agreed upon between the Corporation and the Government from time to time, separate beds for the exclusive use of insured persons m the hospitals or other medical institutions under its control or under the contrcl of a local authority, private institution or mdividual.
18. Supply of drugs and dressings.- ( 1 ) The Government shall make the necessary arrangements to enable insured persons receiving general medical service, to obtain from the Insurance Medical practitioners' or from any other person or institut~on with whom arrangements have been made with such proper and sufficie~it drugs, medicines and dressings free of charge, as may be required for their treatment.
(2) Insurance Medical Practitioners and Insurance Medical Officers shall prescrbe such drugs as are required for insured persons, but as far as possible In accordance with the State Insurance medical formulary.
19. Cost of medicine container.- A deposit shall be payable by the insured person at the rate fixed by the Government for the supply of medicine container to him. The sum deposited shall be paid back to him when the container is returned.
20. Medical Services provided by Employers.- Where an employer is providing medical services not lower in standard than those provided to insured persons by the Government, arrangements may be made for the continuance of such services for providing medical benefit to insured persons under such terms and conditions a s may be agreed upon between the Government, the Corporation and the Employer.
PART Ill Medical Service Committee
21. Medical Service Committee.- (1) A Medical Service Committee shall be set up for such area or areas a s may be considered appropriate by the Government and shall consist of the following members:
(a) A chairman nominated by the Government;
(b) One or two employees' representatives a s may be considered by the Government to be nominated by it in consultation with such organisation of employees a s may be recognised for the purpose by the Governrhent;
(c) An equal number of representatives of Insurance Medical Practitioners to be nominated by the Government on the recommendation of the Local ~ b d i c a l Committee, if any, or in consultation with such organisation of Insurance Medical I Practitioners as may be recognised for the purpose, by the Government;
I
(d) A Medical Referee of the Corporation nominated by it;
(e) A nominee of the Commissioner.
(2) If the Committee a s constituted under sub-rule (1) does not contain a woman, the Government may nominate a woman as an additional member.
(3) There shall be appointed in the same manner as the members of the Medical Service Committee a corresponding number of persons to act as deputies for the members, and in the absence of members of the committee, such persons shall be entitled to act accordingly.
(4) The Government shall appoint one of its whole time officers to act as Secretary to the Medical Service Committee. He shall not be entitled to vote:
(5) (i) the term of office of the members of the Medical Service Committee referred to in sub-rule ( I ) (b) and sub-rule (I) (c) shall be three years commencing from the date on which their nomination is notified:
--
Provided t ha t the members of t he Committee shall , notwithstanding the expiry of the said period, contlnue to hold office until the nomination of their successor is notified.
(ii) The members of the Medical Service Committee referred to in sub-rule (I) (a), sub-rule (I) (d), and sub-rule (1) (e) shall hold office during the pleasure of the Government, the Corporation or the Commissioner,. as the case may be.
(iii) A member of the Medical Service Committee may resign his office by notice in writing to the Government and the seat shall fall vacant on acceptance of the resignation.
' (iv) A member of the Medical Service Committee shall cease to be a member of the Committee if he fails to attend three consecutive meetings thereof:
Provided that his membership may be restored by the Government on its being satisfied as to the unavoidable nature of the circumstances which led to his non-attendance.
- (6) Non-official members of the Medical Service Committee shall receive such fees or allowances as the Government may specify.
22. (1) A separate Ayurvedic Medical Service Committee shall be set up for such area or areas as may be considered xopriate by the Government, and shall consist of the following ,,embers :-
(a) A Chairman nominated by the Government;
(b) One or two employees' representatives as may be considered by the Government to be nominated by it in consultation with such organisation of employees as might be recognised for the purpose by the Government;
(c) An equal number of representatives of Ayurvedic Insurance Medical Practitioners to be nominated by the Government on the recommendation of the Local Medical (Ayurvedic) Committee, if any, or in consultation with such organisation of Insurance Ayurvedic Practitioners as may be recognised fo: the purpose by the ~overnmen t ;
(d) A Medical Referee of the Corporation nominated by it;
(e) A nominee of the Commissioner.
(2) Provisions of sub-rules (2) to (6) of rule 21 shall apply mutatis mutandis to this Committee.
23. Investigations by Medical Service Committee.- ( 1 ) (a) Any question arising between an Insurance Medical Practitioner and a person who is or has been or who claims to be or to have been entitled to obtain treatment from that practitioner or between the representative of any such person, if deceased, and the Insurance Medical Practitioner in respect of the treatment rendered by the Insurance Medical Practitioner or any alleged failure to render treatment or other breach by the Insurance Medical Practitioner of his duties under the terms of service or in respect of the conduct of the person w h l e receiving t reatment shall b e invest igated by t h e Medical Service Committee.
(b) The person desiring to raise any question under this rule shall either hjmself or through his representative, within six weeks, after the event which gave rise to the question, give written notice to the Secretary of the Committee stating the substance of the matter which it is desired to have investigated:
provided that notwithstanding the failure to give notice within the said period the Committee may investigate the matter if they are satisfied that such failure was occasioned by illness or other reasonable cause and the Insurance Medical Practitioner consents to the investigation taking place.
(c) For the purpose of this rule, the representative shall include a member of the family of the person on whose behalf any question is raised under clause (a) or (b) or any person who satisfies the Medical Service Committee that he is acting on behalf of the person (on whose behalf the question is raised) but shall not include a person who is a legal practitioner.
(2) The Administrative Medical Officer may, if the Local Medical Committee so' desires, shall refer for investigation by :he Medical Service Committee any matter relating to the 3dministration of medical benefit or the discharge by any nsurance h'ledical Practitioner of h s duties under the terms of ;ervice whether such matter has been raised by or on behalf of In insured person under sub-rule ( I ) or not, and the Medical :ervice Committee shall investigate it accordingly:
Provided that no question which involves an allegation against n Insurance Medical Practitioner of a breach of the terms of ervice shall, without the approval of the Government be referred )r investigation under this rule except within a period of three ~onths after occurrence of the event on which such allegation based.
24. Procedure of Committee.- (1) The Medical Service ~mmit tee may, if they think fit, permit any person concerned an investigation to be assisted in the presentation of his se by some other person (not. being a legal practitioner).
(2) The proceedings at the hearing before the Medical Service Committee shall be private and no person shall be admitted to those proceedings except-
(a) the persons concerned in the investigation and the person if any, permitted to appear for the purpose of assisting them;
(b) a person or persons to represent the insured person, who shall be either an official of his Trade Union or the employer or his representative; I 4 LC) an officer of the Corporation;
(d) the Set-retary or other officer of the Local Medical Committee; 01 at his 5["option"] a representative of the Local Medical Organisation to which he belongs;
(e) persons wGose attendance is required for the purpcke of giving evidence and who shall, unless the Committee otherwise direct, be excluded from the hearing except when they are actually giving evidence; and ( f ) such officers as the Commissioner may appoint for the purpose.
=This word has been substituted for the word "oplnlon" by (Flrst Amendment) Rules, 1982 (0 G. Serles I No 37 dated 9-12-1982) I
(3) The Comnlissioner shall make rules of procedure which 1 shall provide for the quorum of the Medical Service Committee and, subject to the provision of this rule, for notice of the hearing to b e given to the persons concerned in the investigation, including the Secretary of the Local Medical Committee, if any, and the appropriate officers of the Corporation and the Trade Union or employer and the for the procedure befort? and the hearing with regard to the nature of the evidence to be admitted, and otherwise, and such rules may empower the committee to dlspense with a hearing if I they are satisfied that the 6["complaint"] is frivolous or vexatious or that the written statement or statements of the complainant do not disclose any prima facie ground of complaint and may delegate to the Chairman of the Committee such powers in this respect as the (Zommissioner, thinks fit.
(4) The Medical Service Committee shall draw up a report stating such relevant facts as appear to them to be established by the evidence placed before them, and the inferences of the fact which in their opinion may properly be drawn from the facts together with a recommendation as to the action,-?f---~,- --- which should be taken and shall present the report to the Commissioner and the Commissioner shall accept as conclusive, any finding of fact contained in the report. In presenting such report to the Commissioner the Committee may, if they think fit, draw the attention of the Commissioner to any previous report made by the Committee in connection with the Insurance Medical Practitioner and to any action taken by the Commissiorier on such report and may recommend that account should be taken thereof in determining what action, if any, should be taken.
25. Action on report of Medical Service Committee.- ( I ) After investigation by the Medical Service Committee into any question relating to the conduct of an insured person, the Commissioner may refer the case to the Regional Office of the Corporation for action under Regulation 99 of the Regulations.
(2) After an investigation by the Medical Service Committee into any question relating to the conduct of an Insurance Medical Practitioner, the Commissioner may take action in any one or more of the following ways:-
(a) If the Commissioner, is satisfied, 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 T h i s word has been substi tuted for t h e word "complain" by (First Amendment) Rules, 1982 (0. G. Series I No. 37 dated 9-12-1982).
persons for whom the Insurance Medical Practitioner may undertake 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 flxed for insurance Medical Practitioners In that area;
(b) The Commissioner may recover from the insurance Medical Practitioner by deduction from his remuneration or otherwise any expeilses (other than expenses incurred .in connection with an investigation by the Medical Service Committee) which 'have been reasonably and necessarily incurred by the Com.missioner 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 repaid to the insured person or other person by whom the expenses have been incurred;
(c) If the Commissioner 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 withhold such amounts as he deems fit from the money payable as remuneration to the Insurance Medical Practitioner; or
(d) If the Commis:ioner is satisfied, on consideration of any report of the Medical Service Committee that t he continuance on the rnedical list of the Insurance Medical Practitioner will be prejudicial to the efficiency of the service, he may remove the Insurance Medical Practitioner's name from the medical list:
Provided that before deciding to withhold agy such amount )r to remove the name of the Insurance Medical Practitioner rom the list, the Comniissioner shall afford to the Insurance Medical Practitioner concerned a reasonale opportunity of making representatl.on to him on the matter.
Explanation. - I n the 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 dressing for the use of a patient or failure to discharge the obligation imposed on the Insurance Medical Practitioner- to advise the patient as to the s teps to be taken to obtain necessary treatmentif----.---- the condition of the patient is such a s to require treatment which is not within the scope of t h e Insurance Medical Practitioner's obligations under the terms of service.
26. Appeal. - If any party is aggrieved by any decision of the Commissioner, under the rules in this Part, he may appeal to the Government within one month from the date of the receipt of the decision. The decision of the Government shall be final.
27. Investigation in cases of disputed prescriptions, record keeping and certification.- (1 ) Where it appears to the Administrative Medical Officer after due investigation that there is a prima facie case for considering that:
(a) an Insurance Medical Practitioner is not dispensing to the insured persons on his list such amounts of s i ~ . p l e drugs and dressings as might ordinarily be expected to be reasonably necessary for the adequate treatment of those persons, or;
by reason of the character or quantity of the drugs or dressings ordered by the Insurance Medical Practitioner, the charge imposed upon the funds available for the provision of medical benefit, is in excess of what was reasonably necessary for t he adequate treatment of those persons, or
(b) an Insurance Medical Practitioner has failed to carry out his obligations under the terms of service so far as the obligations involved the recording of clinical data regarding his patients, the Administrative Medical Officer may refer the matter to the ~ e d i d a l Service Committee.
( 2 ) Where i t appears t o t h e Corporation after due investigation that there is a prima facie case for considering that an Insurance Medical Practitioner has failed to exercise reasonable care in the issue of medical certificate to insured persons on his list, or to persons for whose treatment he is responsible under these rules, the Corporation may refer the matter to the Medical Service Committee.
(3) Any reference to the Medical Service Committee under the preceding sub-rule shall be accompanied by a statement indicat ing t h e mat te r s on which i t appea r s t o t he administrative Medical Officer or the Corporation, as the case may be, that an explanation is required.
(4) (a) The Medical Service Committee shall furnish the Insurance Medical Practitioner concei-ned with a copy of the said statement and shall afford him with reasonable opportunity of submitting to them a statement in writing and of appearing before and being heard by them.
(b) A copy of any such statement by the Insurance Medical Practitioner shall be forwarded to the Administrative Medical Officer or the C:orporation for their observations and the Administrative Medical Officer or a representat ive or representatives of the Corporation, as the case may be, shall be entitled in the case of a hearing to attend and be heard by the Medical Service Committee.
(5) (a) After duly considering the case the Medical Service Committee shall draw up a report of their findings on the question whether there has been a failure on the part of the Insurance Medical Practitioner to exercise due care or discretion in any of I s proper functions referred to in the sub-rules (1) and (2) and, if so, what is the extend and gravity of the failure together with a recommendation as to the action, if any, which should be taken.
(b) The Medical Service Committee shall forward the report to the Comrnissione~r and the Corporation and shall furnish the Insurance Medical Practitioner with a copy of the report.
(6) After the consideration of t he findings and - recommendations of the Medical Service Committee, the Commissioner shall after consultation with the Corporation where the findngs relate to investigation of certification, take actlon In accordanct? with sub-rule (2) of rule 25.
PART IV Miscellaneous
28. Delegation of powers.- The Government may delegate any of the powers or duties conferred or imposed upon it by these rules to such of its officers as it may, specify in this behalf.
29. Local Medical Committee.- The Insurance Medical Practitioners in any area may form a Local Medical Committee under these rules, and if they do so and give notice to the Commissioner of the formation of such a committee, he may recognise it for consultation in all matters relating to these rules if he is satisfied that the committee is representative of the Insurance Medical Practitioners of the area.
30. Conduct of insured persons receiving medical benefit.- An insured person in receipt of medical benefit shall comply with the follovving c!onditions, namely:- ( a ) he shall, when applying to a practitioner for medical benefit, produce his identity card, if required to do so;
(b) he shall obey the instructions of the practitioner attending hin:;
(c) he shall not make unreasonable demands upon the professional services of the practitioner attending him;
I
(d) he shall not summon the practitioner to visit him I between the hours 8 p.m. and 9 a.m., except in cases of I i emergenc y;
(e) he shall whenever his condition permits, attend at surgery, dispensary or other place of treatment of the practitioner on such days and at such hours as may be appointed by the practitioner;
( f ) he shall, when his condition necessitates that the practitioner should visit tum at hls place of residence give notice to the practitioner, if the circumstances of the case permit, befort? 10 a.m. on the day on which the visit is required, or before such other hours as the Administrative Medical Officer determines for the area;
(g) he shall not claim a form of treatment not provided for in the Act or to which he is not entitled.
31. Power of the Government to suspend system.- The Government be at a liberty to suspend, after consultation with the Corporation, the panel system of medical benefit as a whole or in part if it is found that the system does not work properly or efficiently and shall give 3 months' notice to each Insurance Medical Practitioner from the date from which the suspension is to take effect, and may make such other arrangements as it \ may deem fit.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
I! Noronha, mlder Secretary, Industries and Labour.
Panaji, 10th April, 1975.
The Government of Goa, Daman and Diu is pleased to lay down the following Terms of Service for Insurance Medical Practitioners under proviso to sub-section ( I ) of section 58 of the Employees' State Insurance Act, 1948 (34 of 1948) :- Terms of Service f o ~ Insurance Medical Practitioners.
1. Incorporation of provisions of Rules, Regulations, etc.-
(a) Any provisions of the Goa, Daman and Diu Employees' State Insurance (Medical Benefit) Rules, 1974 (hereinafter called the Rules) affecting the rights and obligations of Insuranc-e_NIede_~~a=l.. -. _ Practitioners shall be deemed to form part of these terms of service.
(b) The Employees' State Insurance (General) Regulations, 1950, shall apply to Insurance Medical Practitioners as if they were Insurance Medical Officers appointed under these Regulations.
7["2. Age at entry and termination.- The age at entry into service of an Insurance Medical Pratitioner shall not ordinarily exceed 40 years but the same is relaxable by five years at rhe discreation of -the Government, and his service shall stand terminated on h s attaining the age of 60 years.
Provided that an Insurance Medical Practitioner who has attained the age of 60 years may be reappointed by the Government on year to year basis, but he shall not be so reappointed after his attainment of 65 years of age."].
8["2A" j Participation of Medical Practitioners.- ( 1 ) Applications in prescribed form from the local medical practitioners shall be invited by advertisement for inclusion in the list (called the medical list) of Insurance Medical Practitioners who undertake to provide general medical service -- 'New clause 2 lnserted by order No 24/9/30-IND da ted 6-2-1982 (0 G Senes I No. 46 da ted 11-2-1982).
T l a u s e 2 re-numbered a s clause 2A, Ibid to insured persons under the Rules and in accordance with these terms of service.
(2) All such applications shall be made to the Administrative ~ e d ~ c a l Officer who shall refer them to the Allocation Committee.
(3) The applications for inclusion in the "Medical List"' shall be granted by the Secretary, Industries & Labour on the recommendation of the Allocation Committee for the area.
3. Allocation Committee.- (1) An "Allocation Committee" shall be set up for each such area as may be considered appropriate by the Government and shall consist of- ( a ) One representative of the Government as Chairman.
(b) One representative of the Corporation.
(c) One representative of the local medical profession.
(d) The Administrative Medcal Officer, Employees' State Insurance Scheme Panaji- Member Secretary.
(2) The cornnlittee shall meet whenever necessary for the purpose of considering and determining applications made-
(a) before the appointed day by the Medical Practitioners for inclusion in the Medical list and
(b) on or after the appointed day for inclusion in any such list kept for any area.
(3) The committee shall consider each application in regard to the prescribed terms of service and in regard to such requirements to be fulfilled by the applicant as may be laid down by the Government from time to time. The committee shall submit its recommendations to the Secretary, Industries & !
Labour. I 1
(4) (i) The term of office of the members of the Allocation Committee referred to in sub-paragraph (1) shall be 3 years commencing from the date on which their nomination is notified provided tha t the members of the Committee shall notwithstandmg the expiry of the said period, continue to hold office until nomination of their successors is notified.
(ii) The members of the Allocation Committee referred to in sub-paragraph (1) (a) and (b) shall hold office during the pleasure of the State ~ o v e r h e n t and the Corporation, respectively.----..--
(iii) A member of the Allocation Committee may resign .his office by giving notice in writing to the Government and the seat shall fall vacant on acceptance of the resignation.
(iv) A member of the Allocation Committee shall cease to be . a member: of the Committee if h e fails to attend three consecutive meetings thereof provided that his membership may be restored by the State Government on its being satisfied as to the unavoidcable nature of the circumstances which led to non-attendance.
(5) Non-official members of the Committee shall receive such fees or allowances as the Government may specify.
(6) (a) A separate Allocation Committee shall be set up for each area as may be considered appropriate by the Government ' ~ r rorts!cler?.t.t,io_rl of ap~lV.cstio~s from the Ayurvedic practitioners.
(b) The provisions of kub-paragraphs ( I ) to (6) of this paragraph shall apply mutadis mutandis to this Committee.
(7) There. shall be appointed in the same manner as the meAbers of the Allocation Committee a corresponding number of persons 'to act as deputies for the members and in the absence of members of the Committee such persons shall be entitled to act.
I I - 36-
(8) The AUocatian Committee shall discharge such duties and responsibilities as may be specified by the Government from time to time.
9["'(9) The Government may, at the request of the Allocation Committee and with the approval of the Corporation, make such modificatioils in the allocation scheme in respect of the area or areas for which such Allocation Committee has been set up a s it may deem fit".]
I
4. Admission to the Medical List.- (a) To be elicjlble for inclusion in the Medical List a practitioner shall be a person registered under the Directorate of Health Services, Panaji, or the appropriate authority.
(b) While corisidering and determining applications, the Allocation Committee shall have regard to whether the practitioners-
(i) have their places of practice within a reasonable distance from or preferably within the a e a s where the insured persons reside;
(ii) have their places of residence near their places of practice;
(iii) have telephone if possible;
(iv) are physically fit;
(v) have separate waiting room accommodation for patients, consultation room and own dispensing arrangements.
5. Persons for whose treatment the Insurance Medical Practitioner ir; responsible.- ( I ) The persons for whose treatment an Insurance Medical Practitioner is responsible are:- 'Sub-clause (9) has been inserted by Order No. 24/9/80-ILD dated 6-2-1982 (0. G. Series I No. 46 dated 4-2-1982).
(a) all insured persons including the members of their families whom he has accepted or agreed to accept for inclusion in his list and who have not been notified to him by the Administrative Medcal Officer as having ceased to be on his list;
(b) all insured persons including the members of their families who have been assigned to him and who have not been notlfied to him by the Administrative Medical Officer as having ceased to be on his list. .
- - - - - - - - - - - - - - - - . - - -
(c) any Insured persons or members of their families who need treatment in case of accident or other emergency.
(2) An Insurance Medical Practitioner who is appointed under rule 13 of the Rules to undertake the treatment of person on the list of an Insurance Medical Practitioner, whose name ceases to be included in the medical list shall, for the period of his appointmknt, bs responsible for the treatment of any perkon on that list.
(3) The acceptance of an insured person shall be signified by the signmg of the Medical Acceptance Card by the Insurance Medical Practitioner and the sending of the card to the Administrative Medical Officer within such period as may be specified by the Administrative Medical Officer.
(4) Notwithstanding anything contained in this paragraph, an Insurance Medical Practitioner shall n3t be responsible under the terms of service for the treatment of a person in hospital admitted thereto for treatment unless he is a member of the staff of that hospital.
6. ~ i ~ h t of an Insurance Medical Practitioner to have a patient removed from his list.- Subject to such conditions as may be imposed by the Administrative Medical Officer in this behalf an insurance Mehcal Practitio~er may have the name of any person removed from his list by giving notice at time to the Adrmnistrative Medical Officer stating the reason for such a request. The removal will become operative at the expiration of fourteen days from the receipt of such notice by the Admiriistrative Medical Officer or upon the acceptance or assignment of an insured person to another Insurance Medcal Practitioner whichever is earlier; provided that a notice gven or, expiring during a spell of sickness or temporary disablement of an insured person shall take effect only fourteen days after the date when the insured person is fit to resume work.
7. Evidence of an insured person's or his family members' title to obtain treatment.- (I) An Insurance Medical Practitioner is entitled to require an insured person or a member of his family claiming to be on his list and applying for treatment, regardmg whose identity he has reasonable doubts, to produce his Identity Card.
(2) Where such insured person or member of k s family, fails to produce his identity card, the Insurance Medical Practitioner shall give h m any treatment necessary at that time (includmg the supply of any- drugs or dressings which the practitioner would be required to supply to any person on his list) and direct him to produce his identity card or to furnish any other evidence as respects his identity when he visits next. Where such insured person or member of h ~ s family fails to produce h s identity card or to furnish any other evidence as respects his identity as directed by the Insurance Medical Practitioner on his subsequent visit, the Insurance Medical Practitioner shall treat him on payment of reasonable fees for treatment (including drugs and dressings supplied), gve him a receipt for the fees received and report the particulars of the case to the Administrative Medical Officer. In the case of an insured person, evidence from his employer that he is an insured person may be accepted as a11 evidence as respects his identity.
8. Range of Service.- ( I ) An Insuranh Medical Practitioner is required to render to his patients all proper and necessary treatment. Such treatment includes the performance of, or the administration of anaesthetics or, assistance at an operation performed by and of the h n d usually performed by a general me&cal practitioner, if administration of the anaesthetic or the rendering of such other assistance does not involve the application of special skill or experience of a degree or kind which general practitioners as a class cannot reasonably be expected to possess.
(2) An Insurance Me&cal Practitioner is required to arrange for the confinement of an insured woman Bnd the -wife-Ufar----- -- insured person on his list either by himself or by another practitioner or by a registered midwife or trained dai, for which such separate fee, as the State Government may speclfy will be paid for the person who conducted the confinement.
(3) In the ca.se of emergency including abnormal or 'O [ "&fficultV ] maternity. cases the Insurance Medical Practitioner is required to render whatever services may be necessary having regard to the circumstances in the best interest of the insured woman or as the case may be, the wife of an insured person.
(4) In determining whether a particular service is a service involving the application of special skill and experience, regard is to be had to the question whether services of the kind are or are not usually undertaken by general practitioners practising in the area in w h c h the question arose.
(5) It shall be the duty of the Insurance Medical Practitioner I 1 to arrange for ante-natal and post-natal care to the expect-ant and nursing mothers, on his or her list.
I ! (6) An Insurance Medical Practitioner shall provide to the insured persons and members of their families on his list 'This word has been subst i tuted for the word "difficulty" by Order No. 241 9/80-ILD dated 6-2-1982 (0. G. Series I No. 46 dated 11-2-1982) "The word "the" omitted by order No. 24/9/80-ILD dated 6-2-1982 (0. G.
Series I No. 46 dated 11-2-1982) vaccinations and inoculations and such other forms of preventive treatment and advice as may be necessary in the best interest of "[...]such insured persons or, as the case may be, members of their families.
9. Duties of Insurance Medical Practitioners.- (1) If the condition of the patient is such to require treatment or examination which is not w i t h the scope of the Insurance Medical Practitioner's obligations under these terms of service, the Insurance M.edical Practitioner shall inform the patient of the fact and shall take all necessary steps to enable him to receive such treatment or to have such examination made at such hospital or institution as has been notified for the purpose by the Administrative Medical Officer.
(2) While referring a case to a hospital the Insurance Me&cal Practitioner shall, if the condition of the patient so requires, arrange for his transport, by an ambulance or otherwise and, any expenses which the Insurance .Medicai Practitioner has to incur on such 'transport shall be reimbursed to h m by the Administrative Medical OEcsr.
(3) Subject to the approval of the Administrative Medical Officer, the Insurance Medical Practitioner shall fix the time at which his clinic shall remain open for treatment of insured persons and members of their farmlies. Notice of the time fixed shall be given in such manner as the Administrative Medical Officer may, from time to time, direct and shall be indicated on a notice board displayed prominently at the Insurance Medical - Practitioner's clinic.
(4) An Insur~mce Medicd Practitioner is required to provide proper and sufficient cli&c and waiting-room accommodation for his patients, having regard to the circumstances of his practice.
(5) An Insurance Medcal Practitioner, on receipt of a written request, shall at all reasonable times admit any officer of the Corporation duly authorised in this behalf or any person authorised for th.3 purpose by the Government to any clinic or waiting-room for the purposes of inspecting the said clinic or waiting-room.
(6) When an illsured person or a member of his family is unable to attend a clinic or the institution, the Insurance Medical Practitioner shall, on intimation being received, visit him at his residence if he is satisfied by interrogation or oiherwise that the insured person or, a s the case may be, the member of h ~ s family, cannot reasonably be expected-in _ _ _ _ _ _.
come to r;he clinic or the institutiton.
(7) An Insurance Medical practitioner is required to issue to his patients free of charge any certificate reasonably required in respent of sickness, maternity, employment injury and death under the Employees' State Insurance Regulations, or as may be required from time to time by the Corporation . or the Government.
(8) (i) An Insurance Medical Practitioner is required to issLe f r e ~ of charge all drugs and dressings as may be required for the proper treatment of the patients as far as possible in accordance with the State Insurance Medical Formulary:
Provided that such drugs and dressings as may be notified by the Goverment shall be made available to the Insurance Medical Practitioner by the Government in such manner and subject to such conditions as it may from time to time specify.
(ii) The prescription shall be given to the patients with the medicines, if demanded.
(iji) In prescribing drug notified by the Government under sub-clause (i) the Insurance Medical Practitioner shall comply with such conditions as the Government may from time to time specify.
(3) An Insurancf. Medical Practitioner is rpquired-
(a) to keep such records as the Government may, from time to time, specify after consultations with the Corporation;
(b) to maintain a medical record in respect of each insured person 'and each member of his family on his list on the form laid down and supplied by the Government or the Corporation for the purpose and in accordance with the instructions issued by the Government or the Corporation in t h s behalf from time to time;
(c) to furnish returns in such terms as may be laid down by the Corporation or the Government;
(d) upon knowledge of the death of an insured person lZ(...]
or a member of his family to forward the medical record to the Administrative Medical Officer within seven days.
(10) An Insurance Medical Practitioner is required-
(a) to furnish in wvriting to the Medical Referee within such reasonable period as the latter may specify any clinical information which he may require with regard to any insured person or a memblr of his family to whom the Insurance Medical Practitioner has issued or declined to issue a medical certificate;
(b) to meet the Medical Referee, at his request for the purpose of examining in consultation any patient in respect of whom the Insurance Medical Practitioner has sought the advice of the Medical Referee;
(c) to afford'to any person authorised by Government or by the Corporation the access at all reasonable times to the Insurance Medical Practitioner's clinic or other place where ''The words "or a member of his family" have been omitted by order No. 24/9/80-ILD dated 6-2-1982 (0. G Series I No 46 dated 11-2-1982) I the records required by these terms of service are kept, for the purpose of the inspection of such records and to furnish to the Me&cal Referee such records or necessary information with regard to any entry therein, as he may request; and
(d) to answer any inquiries of any person authorised by the Government or by the Corporation with regard to any prescription or certdicate issued by the Insurance Medical practitioner or to any statement made in any report furnished by him-under these terms of service. -- -- - 10, Arrangements for practice.- An Insurance Medical Practitioner shall not carry on any Insurance Medcal Practice elsewhere than at his place of residence, or at the clinic stated in his application, except upon conditions which appear to the Adrrrrmstrative Med~cal Officer or on appeal, to the Government, .to be such as to enable I s obligations under these terms of service, and in particular his obligatibn to visit h s patients, to be adequately carried out. Any conditions so imposed may include a requirement that the insured persons on the list of the Insurance Medical Practitioner are to be notified at the Insurance Medical I'ractitioner's expense of any special arrangements under mrhch his practice is carned on.
11. Acceptance of fees.- An Insurance Medical Practitioner shall not demand or accept any fee or other remuneration in respect of any medical treatment, whether under these terms of service or not, rendered to insured persons or members of their families, except as provided in paragraph 7(2).
12. Revision of terms of service.- ( I ) The Government may, after consultation with the Corporation, alter the terms of service from such date as may be approved by the Corporation by giving notice of the proposed alteration to each Insurance Medical Practitioner.
(2) Except in the case of an alteration which results from the coming into operation of any Act of Parliament, the Government shall, before m.aking an alteration, consult the organisation 01 organisations which in their opinion is or are representative of the Insurance Medical Practitioners, and the alteration shall not come into operation within a period of three months from the date of tk.e issue of the notice.
13. Suspension of System.- ( 1 ) The Government shall be at liberty to suspend after consultation with the Corporation the Panel system of Medical benefit as a whole if it is found that the system does not work properly or efficiently and shall give three months' notice to each Insurance Medical Practitioner of the date from which the suspension is to take effect.
(2) The Government may have the name of any individual Insurance Medical Practitioner removed from the medical list after giving d.ue notice of not -less than three months to the Insurance Medical Practitioner, except in case of gross negligence arid misconduct when the period of notice need be only one month.
14. Withdrawal from medical list.- An Insurance Medical Practitioner is entitled at any time to give notice to the Commissioner, the desires to cease to be an Insurance Medical Practitioner and his name shall be removed from the medical list at the expiration of three months from the date of such notice or of such shorter period as the Commissioner, may agree:
Provided that if representations are made to the Government that the continued inclusion ,of a practitioner as an Insurance Medical Practitioner would be prejudicial to the efficiency of the Employec?s' State Insurance Scheme, he shalI not, except with the consent of the Government and subject to such condition as the Government may propose, be entitled to have his name removed from the list pending the termination of the proceedings on such representations.
15. Leave of absence to Insurance Medical Practitioners.- 13["(1)" j The Administrative Medical Officer may grant leave to an Insurance Medical Practitioner for a period not exceeding t h e e months at a time and the Commissioner, for a period not exceeding six months at a time. All cases of leave for a period exceeding six months shall be submitted by the Administrative Medical Officer to the Government for orders.
'" ' '(2) When 'an Insurance Medical Practitioner has proceeded on leave, the insured persons registered with him in hls panel . -.
shall be assigned to some other Insurance Medical Practitioner under these terms and no remuneration shall be payable to the Insurance Medical Practitioner proceedmg on leave for the said period. Remuneration deducted from the Insurance Medical Practitioner availing such leave shall be paid to the Insurance Medical Practitioner who has been assigned and accepted the insured persons of the former during his leave or absence, as the case may be."]
16. Casual ~ibsence of an Insurance Medical Practitioner.- An Insurance Medical Practitioner shall make all necessary arrangements for securing the treatment of his patients where he is unable for any cause, e.g., temporary absence from home or other reasonable cause to give treatment personally and shall inform the Administrative Medical Officer, Regional Office of the Corporation, Medical Referee and the Local Office of the Corporation, of any standing arrangements for that purpose and he shall not absent himself from his practice for more than one week without first informing the Administrative Medical Officer of his proposed absence and of the person or persons responsible for conducting his practice during such absence. '
17. Continued absence or disability of an Insurance Medical Practitioner.- Where the Commissioner, is satisfied that owing to the continued absence or bodily or mental disability of an Insurance Medical Practitioner his obligation under the terms of :"'4Clause 15 numbered as Clause "(1) and new clause (2) inskrted by Order No. 24/9/80-IL> dated 6-2-1982 (0. G. Series I No. 46 dated 11-2-1982) ssrvice are not being adequately carried out, he may give notice to the persons on his list that the Insurance Medical Practitioner is for the time being, in his opinion, not in a position to carry out his obligations under the terms of service.
18 . Liability of Insurance Medical Practitioner.- The Insurance Medical Practitioner shall be liable for any compensation for injury or damage suffered by an insured person or a member of his family as a result of negligence on the part of the Insurance Medical Practitioner.
19. Disputes, etc.- The terms of service relating to the following matters are contained in rules 20 and 24 of the Goa, am-an and Diu Employees' State Insurance (Medical Benefit) Rules, 1974.
(a) The investigation of questions arising between Insurance Medical Practitioners and their pat ients and other investigations to be made by the Medical Service Committee and'the action which may be taken by the Commissioner, as the result of such including the withholding of remun6ration - from \he Insurance Medical Practitioner where there has been a breach of the terms of service;
(b) The investigation in res'pect of prescribing;
(c) The investigation of certification;
(d) The investigation of record keeping;
20. Issue of notices to Insurance Medical Practitioners.- Any notice which the Government or the Administrative Medical Officer or th; Commissioner, is required or authorised by these terms of service to give to an Insurance Medical Practitioner shall be sufficiently given if it has been delivered to him or sent by post to him at the address which he has last notified to the Commissioner, as being his place of residence. Notices in case of disciplinary action or damages shall be sent by Registered Post.
2 1. Remuneration of Insurance Medical Practitioners.- (1 ) The rate of payment for an Insurance Medical Practitioner shall - insured persons and members of their fanlilies on his list at the beginning of the '""four months period"] to which it relates;
provided that no Insurance Medical Practitioner shall have more than 750 family units each consisting of an insured person and members of his family.
(2) Notwithstanding anything in sub-paragraph (I), where an insurance Medical Practitioner resigns or dies at any time before the end of any 15["four months period"] proportionate payment shall be made for the days on which he provided medical service to the insured persons.
(3) The payment shall be made, within one month of the end of the 15["four months period"] to which it relates.-
(4) The capitation fee shall be deemed to include remuneration for-
(i) such me&cal treatment attendance, etc., as the Insurance Medical Practitioner is required to provide;
(ii) maintenance of such surgical and &agnostic instruments as may be laid down f6r the puqose;
(iii) such medicines as are included in the list of special medicines and which are used in emergency;
(iv) use of doctor's clinic, telephone, staff, etc.;
(v) payment in respect of conveyance for domiclliary visits;
and
(vi) payment in respect of the supply of drugs and dressings [not including such drugs and dressings as may, under the provision.^ of paragraph 9(8) be made available by the Government] and maintenance of such supply of proper and sufficient medicines and dressings as may be specified.
15These words have been substituted for t h e word "quarter" by Notification No. 24/9/80-ILD da ted 14-12-1982 (0. G. Series I No. 39 da ted 23-12-1982) Form of application for use of candidates for inclusion in medical list as insurance medical practitioner under the employees' state insurance schemes (Government of Goa, Daman and Diu)
1. Name in full (in block letters) ...
2. Date and place of Birth ...
3. Next of kin ...
4. (a) Married or single . . .
(b) Sex
5. Basic medical qualifications and other post-graduate ...
qualifications University or Examining Particulars of quali- Date of Boards fications qualifications
6. (a) Are you registered, if so, state registration number
(b) Whether member of any Medical Association, if so, 'give particulars . . .
7. Full residential address ...
8. Full address of dispensary/clinic (including Municipal Wards) ...
9. Distance between residence and dispens ar y/clinic ...
10. Date from which practising in the locality ...
11. Accommodation in dispensary/ /clinic . . .
Serial Number Area in Square used for of rooms Feet
12. Have you
(1) a separate consultation room? . . .
(2) space where patients can wait under cover? ...
(3) your own dispensing arrangements? ...
Morning Evening
13. Dispensary/cljnic hours ... - - ...
-----I_-_ _ .
14. For how mnny hours do you attend at the dispens ary/clinic yousself? . . . ...
Designation Full time
15. What ancillary staff do you employ in dispensarylclinid? ~ o r n ~ o u n h e r Clerk Attendant Partner or Assistant
16. What hours would you like to fix for attendance of insured persons in your Dispensary? ...
Morning
17. (a) Are you employed in any part.-time work? ....
(b) If so, state hours spent daily in such appointments Evening
18. Is a conveyance maintained? If so, state nature ...
19. Have you a telephonehelephones? If so, state numbers ... Dispensary/Clinic/ /Residence
20. Previous dismissal or disciplinary action, if any, by tge Registration Council . . .
21. If 'selected on the Medical List how many insured persons are you prepared to have on your List . . .
I ... a candidate for inclusion in the 'Medical List' as an insurance Medical Practitioner under the Employees' State Insurance Scheme (Government of Goa, Darnan and Diu), declare that the particulars given above are true and correct to the best of my knowledge and belief.
I have read and understood the terms of service and agree to abide % by them if included in the Medical List.
i Designation . . . Signature $ "E' 2 F9r Official use F i Recommendation of the Allocation Committee: i 7 a- - Chairman, P i Date ... f Allocation Committee, Panali - f Approval of the Commissioner Labow and Employment:
Commissioner Labollr and Employment with the Government of Goa, .
Darnan and Diu, Pcmaji.
Date ...
By order and in the name of the Lt. Governor of Goa, Darnan - and Diu.
P Noronha, Under Secretary, Industries and Labour.
Panaji, 24th November, 1975.
(Published in the Official Gazette Series I, No. 36, dated 4-12-1975).
Industries and Labour Department Notification Whereas certalrl draft rules to amend the Goa, Daman and Diu Employees' State Insurance (Medical Benefit) Rules, 1975 were published as requlred by sub-section ( I ) of section 96 of the Employees' State Insurance Act, 1948 (Central Act 34 of 1948), m the Official Gazette, Series I, No. 46, dated 11-2-1982 under Notification No. 24/9/80-ILD, dated 6-2-1982 of the Industnes and Labour Department, Government of GK-Daman and Diu, invitlng suggestions and objections from all persons likely to be effected thereby within fifteen days from the publication of the said Notification in the Official Gazette;
And whereas the said Official Gazette was made available to the public on the 11th February, 1982;
. And whereas -no suggestions and objections have been received from the public on the said draft rules by the Government.
Now, therefore, in exercise of the powers conferred by sub- -section ( I ) of section 96 of the Employees State Insurance Act, 1948 (Central Act 34 of 1948), and after consultation with the Employees' State hlsurance Corporation, the Lieutenant Governor of Goa, Darnan and Diu hereby makes the following rules to amend the Goa, Daman and Diu Employees' State Insurance (Medical Benefit) ITules, 1975, namely:-
1. Short title and commencement.- (i) These rules may be called the Goa, Daman and Diu Employees' State Insurance (Medical Benefit) (First Amendment) rules, 1982.
(ii) They shs.11 come into force at once.
2. Amendment of rule 3.- In rule 3 of the Goa, Daman and Diu Employees' State Insurance (Medical Benefit) Rules, 1975 (hereinafter referred to as the principal Rules),-
(i) after sub-ru1.e (6), the following sub-rule shall be inserted namely:- "(6a) "Four months period" means any of the period from the 1st day of February to the 31st day of May, the 1st day of June to the 30th day of September and 1st day of October to the 31st day of January."-
(ii) in sub-rule (8), the word "Regional" shall be omitted;
(iii) sub-rule (13) shall be omitted.
3. Amendment of rule 4.- In rule 4 of the principal Rules, following sub-rule shall be inserted, namely:- "(5) Speciahsts service for investigations and treatment as out-patient at such institutioLs, as may be established or managed by the Government, if having regard ta the conditions of a patient, such services are recommended by ul Insurance Medical Practitioner, Insurance Medical Officer or the Superintendent of the Institution having arrangements for out-patient treatment of the' insured persons. "
4.' Amendment of rule 24.- In rule 24 of the principal Rules.
(i) in clause (d) of sub-rule (2), for the word "Opinion", the word "Option" s h d be substituted.
(ii) in sub-rule 3, for the word "complain", the word "complaint", shall be substituted.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
V I? Suri, St?cretary (Industries and Labour).
Panaji, 25th November, 1982.
(Published in the Official Gazette Series I. No. 37, dated 9-12-1982) Industries and Labour Department Order The Government of Goa, Daman and Diu hereby amends the terms of Service for Insurance Medical Practitioners in pursuance of proviso to sub-section ( 1 ) of section 58 of the Employees State Insurance Act, 1948 (34 of 1948) as-follomrs, .._ ._ namely:-
1. Amendment of Clause 2.- The existing clause 2 of the Terms of Service for Insurance Medical Practitioners (hereinafter r e f~r red to as the 'principal terms'), shall be renumbered a s clause '2A' and before clause '2A' so renumbered, the following shall be inserted, namely:- "2. Age at Gentry and termination.- The age at entry into service of an Insurance Medical Practitioner shall not ordinarily exceed 40 years but the sarrie is relaxable by five years at the discretion of the Government, and his service shall stand terminated on his attaining the age of 60 years.
L
Provided that an Insurance Medical Prsct~tioner who has 1 attained the age of 60 years may be re-appointed by the i Government on year to year basis, but he shall not be so 1 - re-appointed after his attainment of 65 years of age."
\ - --_- 2, Amendment of Clause 3.- After sub-clause (8) of clause i - 3 of the principal terms, the following clause shall be inserted namely:- "(9) The Government may, at the request of the Allocation Committee and with the approval of the Corporation, make such modifications in the allocation scheme in respect of the area or areas for which such Allocation Committee has been set up as it may deem fit".
3. Amendment of Clause 8.- In caluse 8 of the principal terms-
(i) in ::!u-clause (3), for the word "difficulty" the word ".difficult" shall be substituted.
(ii) in sub-clause (6), the word "the" appearing after the words "in the best interest of" shall be omitted.
4. Amendment of Clause 9.- In item (d) of sub-clause (9) of clause 9 of the principal terms, the words "or a member of his family" shall be omitted.
5. Amendment of'clause 15.- The existing clause 15 of the principal terms, shall be numbered as sub-clause (1) thereof, and after sub-clause (1) so numbered, the following sub-clause
(2) shall be inserted, namely:- " (2) When an InsurancEi Medical Practitioner has proceeded on leave, the insured persons registered with him in his panel shall be assigned to some other Insurance Medical Practitioner under these terms and no remuneration shall be payable to the I'nsurance Medical Practitioner proceeding on leave for the said period. Remuneration deducted from the Insurance Medical Practitioner availing such leave shall be paid to the Insurance Medical Practitioner who has been assigned and accepted the insured persons of the former during his leave or absence, as the case may be."
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
S. D. Sadhale, Under Secretary (Industries and Labour).
Panaji, 6th February, 1982.
(Published in t h e Official Gazette, Series I, No. 46, da ted 11-2-1982) -- 45 - lndustries and Labour Department I - 1 Notification 2419180-ILD I The Government of G'oa, Darnan and Diu hereby amends the Terms of Service' for Insurance Medical Practitioners-f~a-med--- under proviso to sub-section (1) of section 58 of the Employees State Insurance Act, 1948 (34 of 1948) (hereinafter referred to as the said "Terms of Service"), as follows, namely:- Amendment of clause 21:- In clause 21 of the said Terms of Service for the word "quarter" wherever it occurs the words "four months' period" shall be substituted.
i By order and in the name of the Lieutenant Governor of Goa, Darnan and Diu.
S. D. Sadhale, Under Secretary (Industries and Labour).
1 'B Panaji, 14th December, 1982.
t f (Pubhshed in the Official Gazette, Series I, No. 39, c;d~l.d 23-12-1982) lndustries and Labour Department - Notification i l In exercise of the powers conferred by F-lle 4 of the Goa, Daman and 13iu Employees Insurance Court Rules, 1976 and read with ~ e c t l o n 74 of the Employees State Insurance Act, 1948, the Lt. Governor of Goa, Daman and DIU is pleased to appoint the Presiding Officer of Lhe Industrial Tribunal-cum- Labour Court as Presiding Officer of the Employees Insurance Court for the Union territory of Goa, Darnan and Diu.
2. (a) The Presiding Officer will be assisted by one class I11 and one class IV staff and they shall be entitled to allowances as detailed below:- i) Presiding Officer - Rs. 50/- per case finally disposed of.
ii) One class 111 staff - Rs. 20/- per case finally disposed of.
iii) One class IV staff - Rs. lo/- per case finally dis- - *I .I posed of.
I -!
(b) The bills for the payment of allowances to the staff I should be drawn half yearly by the Court to the State 1 Government fol payment and the Corporation will reimburse 1 I to the State Government the amount so paid after deducting the value of Court Fee Stamps. The bills submitted by the I Court should be sent t'o the Regional ~ i rec tb r ESI Corporation 3 for scrutiny. 1
(c) The Employees State Insurance Corporat~on has agreed to the above vide their letter' No. T-12/14(1)/76 Ins. I dated 1 16th October, 1980.
1 J 3 . .
3. The expenditure should be debited to "280-Medical A 4 Employees State Insurance Scheme A 4(1) Implementation of Employees State Insurance Scheme". f By order and in the name of the Lt. Governor of Goa, Daman 4 and Diu. I e M. S. Sail, Under Secretary (Industries and Labour).
i Panaji, 27th February, 1981.
(Published in .;he Official Gazette, Series I, No. 50, dated 12-3-1981).
Industries and Labour Department Notification In exercise of the powers conferred by rule 4 of the Goa, Daman and- Diu Employees Insurance Court Rules, 1976 read with Section 74 of the Employees State Insurance Act, 1948, (Central Act 34 of 1948) the Lieutenant Governor of Goa, Daman and Diu is pleased to appoint Shri Antonio_Blasia-R.-.- Souza, Advocate, Casa Vebla, Ascanio Costa Road, Ma~gao, Goa, as Presiding Officer of the Employees Insurance Court for the Union Territory of Goa, Daman and Diu.
2. (a) The sitting arrangement for the Presiding Officer will be notified separately by the Commissioner, Labour and Employment. He will be assisted by one class I11 and one class IV staff &om the Office of adrriinistrative Medical Officer, ' Panaji, and they shall be entitled to allowances as detailed below:- i) Presidmg Officer - Rs. 50/- per case finally &posed off.
ii) One C!,ass III staff - Rs. 201- per case finally w o s e d off.
iii) One Cass IV staff - Rs. lo/- per case finally disposed oE
(b) The bills for the payment of allowances to the staff should be drawn half yearly by the Court and sent to the Government of Goa, Darnan and Diu for payment. The Corporation ill reimburse to the Government of Goa, Daman and Diu for payment. The Corporation will reirnburde to the Government of Goa, Daman and Diu the amount so paid after deducting the value of Court Fee Stamps. The bills submitted by the Coult should be. sent to the Regional Director ESI Corporation for scrutiny.
(c) The Employees State Insurance Corporation has agreed to the above, vide their letter No. T-12/14(1)/76 Ins. I, dated 16th October, 1980.
3. The expenditure should be debited to "280-Medical; A-4 Employees' State insurance Scheme; A-4 (1) Implementation of ~ r n ~ l o y e e s State Scheme".
By order and in the name of the Lieutenant Governor of G&, Daman and Diu.
S. V: Bhadri, Under Secretary (Industries and Labour).
Panaji, 9th October, 1985.
(Published in the Official Gazette, Series 11, No. 29, dated 12-10-1985) Industries and Labour Department - Addendum Read: (1) Govt. Order No. 24/13/79-ILD da ted 27-2-1981.
(2) Govt. Order No. 24/13/79-ILD da ted 9-10-1985.
In the Government Order cited at (2) above after para 3, the following para shall be added, namely:- "4. This supersedes the earlier Order No. 24113179-ILD dated 27-2-1981".
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
Subhash V Elekar, Under Secretary (Industries and Labour).
Panaji, 30th January, 1986.
(Published in the Official Gazette, Series 11, No. 46, dated 1986 GOVEWTMENT OF GOA, DAMAN AND DEU Labour and Information Department - Notification In exercise of the powers conferred by sub-section (5) of Section 1 of the Employees' State Lnsurance Act, 1948 (Central Act 34 of 1948), the Government of Goa, Earnaa and Diu, in consultation l ~ i t h the Employees' State Insurance Corporatiop and with the approval of the Central- Government, h a x d b ~ _ _ - extends the provisions of the said Act to the classes of establishments specified in column 1 of the Schedule appended hereto with effect from 2nd July, 1977. The sarne having been previously published in the Official Gazette Series 111, 190. 13 dated 24-6-1976 under the Notrfication No. 11486175-LAB(ESi)/ /III/951 datecl 16-6-76 of Labour and Information Department, Government of Goa, Daman and Diu as amended by Notifkition No. 1/486/75-LAB@SI)/13/1155 dated 28-7-1976 published in Official Gazette Series 111, No. 19 dated 5-8-1976 at page 171.
SCHEDULE Description of establishments Axeas in whch the establishments are situated 1 2
1. Any prernLises including the precincts thereof whereon ten or more persons but in any case less than twenty persons are employed or vvere employed for wages on a.ny day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordi- The revenue limits of :-
1. The Circles Panaji aild Caranbolim in ?Blilka Ilhas;
2. The Circles Margao, Verna and Benaulim ic Talulca Salcete;
3. The Clrcles I\/Iapusa and Ca!angute in Taluka Bardez;
-neriiy so carried on; but excludiog a nGne subject to the operation of the Iflines Act, 1952 (Central Act 35 of 1952), or a railwav running shed or rn establishment which is e#usively ~ n g a g e d in any of the manufac- -turing processes specified in clause (12) of Section 2 of the Employees' State Insurance Act, 1348 (Central Act 34 of 1948).
2. Any premises inchding the precincts thereof ~wliereon twenty or a c r e persons arc smployed or were ernploy~d for wages on any Say of the p rece i ing twelve nronths, and in =y :?art of which a manufacturing process is being carried on wirhout: the aid of ?ewer, or is ordinarily so carried on; but excluding a mine subject to the operation of the Wries Act, 1952 (Centrsl Act 35 of 1952) or a railway running shed or an e s t a b l i s h ~ ~ e n t wtlic:! is exciusioeiy engaged m an); of the manufacturing processes specified in clause (12) of Sxt ion 2 of the Employees' State Insurance Act, 1948 (Cexltra! Act 34 of 1948).
3. The following estaSiis.hnsnts whereon twenty or nlore persons are employed or weye e=ployed for wages on any day of the preceding twelve rnorlths, nalns1y.- i ) Hotsis;
ii) Restauracts;
4. The Circles Vasco da Gama and Cansaulim in Taluka Mormugao;
5. The Circles Ponda and Priol in Taluka Ponda;
6. The Circles Bicholim and Sanquelim iz~ Taluka Bicholim, and
7. The Circles Quepem in Talulia Quepem, in the Goa district of the Union Territory of Goa, Danlan and Diu.
The revgnue b i t s of :-
1. The Circ!es Panaji and Carambolim in Taluka Ilhas;
2. The Circles Margao, \Jerna and Benaulim in Taluka Salcete:
3. The Circ!es Mapusa and Calangute in Taluka Barclpz;
iii) Shops;
iv) Road Motor Transport Establishments;
v) Cinemas including preview theatres;
vi) Newspaper Establishments as defined in clause (d) of Section 2 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Central Act 45 of 1955).
4. The Circles Vasco-da-Gama and Cansaulim in Taluka Mormugao;
5. The Circles Ponda and Priol in Wuka Ponda;
6. The Circles. Bicholia-a.nd---- Sanquelim in Taluka Bicholim, and
7. The Circles Quepem in Taluka Quepem, in the district of Goa of the Union Territory of Goa, Daman and Diu.
By 'order and in the name of the Administrator of Goa, Daman and Diu.
I? Noronha, Under Secretary (Industries and Labour).
Panaji, 21st July, 1977.
(Published in the Official Gazette, Series I, No. 13, dated 30-6-1977).
GOVERNMENT OF GOA, DAMAN AND DIU Labour and Information Department Notification Whereas certain draft rules which Government of Goa, Daman and Diu proposes to make in exercise of powers conferred under section 96 of the Employees' State Insurance Act, 1948 (34 of 1948), were published as required by sub-section (1) of section 96 of the said Act, at pages 58 to 66 of the Official Gazette Series I No. 3 dated 19th Apnl, 1975 under the Notification of Labour and Information Department, Government of Goa, Daman and Diu No. LC/12/ESI/73-74/354 dated 10th April, 1975, inviting objections and suggestions from any person hkely to be affected thereby within 30 days from the da te of publication of Notification in the Qfficial Gazette. . .
And whereas the said Gazette was made available to the public on 19th Apnl, 1975;
And whereas no objections and' suggestions are received from the public on the said draft;
Now, therefore in exercise of the powers conferred by clauses
(a) to (c) of sub-section (1) of Section 96 of the Employees State Insurance Act, 1948 (Central Act 34 of 1948) the Lt. Governor of Goa, Daman imd Diu, after consultation with the Employees State Insurance Corporation hereby makes the following rules, namely:-
CHAPTER I Preliminary
1. Short title, extent and commencement.- (1) These Rules may be called the Goa, Daman and Diu Employee's Insurance Court Rules, 197'6.
(2) They extent to the whole of the union territory of Goa, Daman and Diu.
(3) They shall come into force with immediate effect.
2. Definitions.- In these rules, unless the context requires, otherwise- ( a ) "Act" means the Employees' State Insurance Act, 1948 (XXXIV of 1948);
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(b) "Court" means an Employees' Insurance Court constituted under Section 74; - .
(c) "Form." means a form appended to these rules;
(d) "Section" means section of the Act;
(e) "Government" means the Governinent of Goa, Daman and Diu;
( f ) "Union territory" means the Union territory of Goa, Darnan and Diu;
(g) All other words and expressions used herein and not defined shall have the meanings respectively assigned to them by the Act.
CHAPTER II Constitution of Courts
3. Composition of the Court and place of sitting.- ( I ) A court shall ordinarily consist of one Judge:
Provided that the Government may, after consultation with the Corporation, by notification in the Official Gazette appoint two or more Judges to a Court for any particular proceeding or class of proceetiings and for such period as may be specified in the notification.
(2) Subject to the provisions of rule 6, a Court shall sit at such place or palces and at such time as the Government may, after consultation with the Corporation, from time to time, specify.
'["4. Presiding Officer of the Court.- The Government may appoint the Presiding Officer of any Industrial Tr&unal or any Labour Court or any Civil or Criminal Court or any person who is or has been a judicial Officer or is a legal practitioner of five years standing as the Presiding Officer of the Court."]
5. Distribution of business where there are more Courts than one.- Where more than one Court is constituted for the same local area, the Government may, after consultation with the Corporation by a general or. special order, distnbute business among them.
6. Fixing of time of sitting, etc., where there is one court for two or nnore local area's.-- ( I ) Where one Court is constituted for two or more local areas, the Court shall, subject to the approval of the Government, appoint the time at which the Court shall sit in respect of each local area or in respect of any class of proceedings under the Act.
(2) A notice of the time appointed under sub-rule (1) shall be published in such manner as the Government may, from time to time, direct.
'Rule 4 substituted by (First Amendment) Rules, 1979 (0. G. Series I No. 27 dated 4-10-1979) The original rule 4 reads as follows:
"4. Presiding Officer of the Court.-- The Government may appoint the Presiding Officer of any Industriai Tribunal or any Labou~ Court or any Civil or Criminal Court a s the Presiding Officer of the Court and such Officer shall thereupon discharge the fu~lctions of the Court in addition to hls own dutles."
7. Procedure where there are more Judges than one.- ( I) Where more than one Judge has been appointed to a Cowt, the Government shall sp~cify their rank and precedence.
(2) The senioi Judge for the time being shall, from time to time, make such arrangements, a s he thinks fit for the distribution of business of the Court among the Judges thereof.
(3) When two or more Judges, sitting together, differ on any question, the oplnion of the majority of such Judges shall prevail;
where there is no majority, the opinion of the senior most Judge shall unless the Government otherwise directs prevail.
8. AboIition, etc., of a Court.- The Government may, with the consent of the Corporation by notification in the Official Gazette abolish any Cowt or by a like notii3cation alter the jurisdiction of any Court.
Conditions of Service of Judges, etc.
9. Appointment, salaries, allowances etc.- (1) The Government may appoint a person qualified under section 74 of the Act to be a Judge of a Court.
(2) A Judge shall receive such salary and allowances as the Government msy in consultation with the Corporation and Central Government, from time to time, determine.
(3) A Judge shall receive dearness allowance, compensatory (city) allowancn, house-rent and other allowances, at such rates and subject to such conditions as are applicable to officers of the Government of a corresponding rank stationed at the same place. A Judge shall be entitled to leave and leave salary under the leave rules which may from time to time be applicable to otNer Government servants of similar st atus and drawing similar emoluments.
.6&
(4) A Judge shall be sntitled to travelling allowance fsr journeys performed on official business in accordmce with the scale applicable to the class of officers to which in the opinion of the Government such Judge belongs.
(5) A Judge shall be subject to such other conditions of service, a s the Government may in consultation with the Coq5oration and the Central Government determine.
(6) Notwithstanding anything contained in sub-rules (2) to (5) the pay, allowances and other conditions of service of a judge, if he is a person already in the service of the Government, shall be such as the State Government may in consultation with the Corporation and Central Government, by a general or special order, from time to time, determine.
(7) Where the Government has appointed any such Officer referred to in Rule 4, as a Presiding Officer of the Court, he may be paid such additional allowance as the Government may, after consultation with the Central Government and the Corporation, determine.
10. Appointment of other officers and subordinate staff.- (1 ) The Government may, with the consent of the Corporation, appoint such ministerial officers' and other subordinate staff as may be necessary for the exercise and performance of the powers and duties conferred and imposed on a Court by or under the Act.
(2) The ministerial officers and the subordinate staff of a Court shall exercise such powers and discharge such duties as the Judge or if there are more Judges than one, the senior Judge, may, subject to any order of the Government, from time to time, direct.
(3) The ministerial officers, and subordinate staff of a Court shall be subject; to such conditions of service and draw such salaries and other emoluments and receive such benefits as 93 may be fixed by the Governrnsnt after consultation with the Central Govermnent and the Corporation.
Aclministrative Control and Court Seal
11. Administrative control of the High Court.- A Court shall b e subject t o t he Administrative control and superintendence of the Judicial Comn~issioner's Court/High Court, and shd.1-
(a) keep such registers, books and accounts as the Judicial Commissioner's Court/High Court may, from time to time, prescribe; and
(b) comply with such requisitions as may be made by the - Judicial Comnissioner's Court/High Court or the Gov-fiT- for submission of service records, returns and statements, in such forms and in such manner as the authority making the requisition directs.
12. Sea.- A Court shall keep a seal of such size, dimensions and design .as the Government may direct. '
CHAPTER Ill I'rocedure and execution of Orders
13. Application.- (1 ) Every proceeding under section 75 shall be instituted by the presentation of an application to the Court.
(2) Every such application shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by two copies thereof.
(3) An application under section 77 shall be presented in Form I shall bc? duly stamped in accordance with these rules, and 'shall contain the following particulars:-
(i) the name of the Court in which the application is brought;
(ii) the full name including the father's name, description including age, occupation and place of residence of the applicant;
(iii) the full name including the father's name, description including age, occupation and place of residence of the opposite party so far as they can be ascertained;
(iv) where the applicant or the opposite party is a minor or a person of unsound mind a statement to that effect and the full name, age, occupation and address of h s or her next fnend or guardian;
(v) the facts constituting the cause of action and the date when it arose;
(vi) the facts showing that the court has jurisdiction;
(vii) particulars giving the address within the jurisdiction of the Court at which notice or summons may be served on the applicant; and
(viii) the relief which the applicant claims.
(4) The Court may summarily reject an application if it is not in accordance with 2["sub-rule(2)"].
14. Production of documents.- (1) When any application 'is based upon a document, the document shall be appended to the application.
(2) Any other document which any party desires to tender in evidence shall be produced at or before the first hearing.
(3) Any document whch is not produced at or witnin the time specified in sub-rule (1) or (2), as the case may be, shall 2These words Ixackets and figure have been substituted for "sub-rule (2)" by (First Amendment) Rules, 1979 (0. G. Series I No. 27 dated 4-10-1979).
not, without the permission of the Court, be admissible in evidence on behalf of the party who should have produced it.
(4) All such documents shall be accompanied by an accurate list thereof prepared in the manner prescribed in Form 2.
(5) Nothing in this rule shall apply to any document which is produced for the purpose of cross-examining a witness or is handed to a witness to refresh his memory.
15. Register of applications.- All applications shall be entered in a Register in Form 3 called the Register of--- Proceedings. !Such entries shall be serially numbered for every calendar year according to the order in which the applications are presented.
16. Place of suing.- In cases not fallmg under Sub-section ( I ) of Section 76, a proceedings against any person shall be instituted in the Court. within t h e local limits of whose jurisdiction- ( a ) the opposite party or each of the opposite parties where there are more than one, a t the time of commencement of the proceedings, actually and voluntarily reside, or carries on business, or personally works for gain;
or
(b) any of the opposite parties, where there are more than one, at the time of the commencement of the proceedings actually and voluntarily resides, or carries on business, personally works for gain, provided that in such case either the leave of the Court is given, or the opposite parties who do not reside, or carry on business or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arose.
17. Application presented to wrong Court.- (1) Where on receiving an application it appears to the Court that it should be presented to another Court, it shall return it to the applicant after endorsing upon it the dates of the presentation and return, the reason for returning it and the name of the Court to which it should be presented.
(2) Where it appears to the Court at any stage subsequent to the presentation of an application, that the application should have been presented to another Court in the same Union territory, the first mentioned Court shall send the application to the Court empowered to deal with it and shall inform the applicant (and the opposite party, if he has received a copy of the application under rule I%), accordingly.
(3) The Court to whch an application is transferred under sub-rule (2) may continue* the proceedings as if the previous proceeding or any part of it had been taken before it, if it is satisfied that the interests of the parties will not thereby be prejudiced.
18. Issue of Summons.- (1) On receiving an application, the Court shall, orclinarily within three days thereof, cause to be sent to the party from whom the applicant claims relief (hereinafter referred to as the "Opposite party"), a summons in Form 4 or Form 5, as the case may be, to appear and answer the application on a day, not later than fifteen days from the date of issue of such summons:
Provided that no such summons shall be issued when the opposite party has appeared a t the presentation of the application and admitted the applicant's claim.
(2) A copy of the application shall also be sent along with the summons under sub-rule (1).
3["18-A. Proceedings involving disablement question.- If in any proceedings before the court a disablement question (as defined in Section 54) arises and the decision of a Medical Board or a Medical Appeal Tribunal has not been obtained on the same and the decision on such question is necessary for the determination on the disablement question before the court, the court shall direct the corporation to have the question decided as laid down in sub-section (2A) of section 75 and shall thereafter proceed with the determination of the claim or question before it is in accordance with sub-section (2 A) of section 75."
__
19. Service of Summons or notice.- ( I ) A summons or notice may, on payment of the required fee, be sent by the Court by which it is issued, either by registered post or in such other manner as the Court think fit.
I (2) Where the Court is satisfied that there is reason to believe that the opposite'party is avoiding service or that for any reason the summons or the notice cannot be served the ordinary i way, the Court shall order the summons or the notice to be reserved by affixing a copy thereof in some conspicuous place in the Court house, and also upon some conspicuous part of the house in which the opposite party is known to have last resided or carried on business or personally worked for gain or in such other manner as the Court thinks fit and such service shall be as effectual as if it had been made on the opposite' party personally.
! (3) Where a summons or notice is served under sub-rule (2) , the Court shall fix such time for the appearance of the opposite party as the circumstances of the case may require.
I 20. Additional matters in the summons.- The Court shall determine at