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The Karnataka Ministers 1Minister of state and a Deputy Ministers Medical Attendance Rules, 1958.

State Rules of Karnataka · 195757,290 characters of text

The enactment

Long titleNotification Nos. GAD 25 SAM 58, dated 12-5-1959;
TypeRules
Year1957
JurisdictionState of Karnataka
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectshealth

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

1THE KARNATKA MINISTER, MINISTERS OF STATE AND DEPUTY MINISTER MEDICAL ATTENDANCE RULES, 1958 CONTENTS Rules

1. Short title and application..............................................

2. Definitions .....................................................................

(a) Minister ....................................................................

(b) Authorised Medical Attendant....................................

(c) Government ..............................................................

(d) Medical Attendance ...................................................

(e) State .........................................................................

(f) Nurse ........................................................................

(g) patient ......................................................................

(h) Treatment .................................................................

3. Medical Attendance by Authorised Medical Attendant.....

4. Essentiality Certificates...................................................

5. Medical Attendance and treatment of Families of Ministers

6. Travelling Allowance .......................................................

7. Medical Attendance by person other than authorised Medical Attendant ..........................................................

8. Treatment at Residence ..................................................

8-A. Treatment outside the State .........................................

9. Charges for Services other than Medical Attendance to be paid .......................................................................

10. Relaxation of provisions .................................................

APPENDIX I and II.................................................................

FORMS A and B ....................................................................

AMENDMENT RULES ............................................................

______ (As amended by Notification Nos. GAD 25 SAM 58, dated 12-5-1959;

GAD 20 BAM 59, dated 27-6-1959; GAD 59 BAM 59, dated 13-1-1960; GAD 55 BAM 59, dated 15-3-19600; GAD 23 GAM 60, dated 29-7-1961; GSR 749,

1. Published in the Karnataka Gazette, dated 28-8-1958, vide Notification No. GAD 5 SAM 57, dated 13-8-1958 dated 18-11-1965; GSR 290, dated 20-6-1967; GSR 294, dated 7-8-1968;

GSR 264, dated 12-7-1972; GSR 194, dated 20-6-1977; GSR 67, dated 1-2- 1979 and GSR 31, dated 19-6-1998.)

In exercise of the powers conferred by Section 15 of the Karnataka Ministers salaries and Allowances Act, 1959 (Karnataka Act 5 of 1957), the Government of Karnataka hereby makes the following rules.-

1. Short title and application.- (1) These rules may be called the Karnataka Ministers 1[Minister of state and a Deputy Ministers] Medical Attendance Rules, 1958.

2[ (2) They shall come into force with effect from 12th August, 1958. All claims relating to the Medical Attendance of ministers/Deputy Ministers which have not been already disposed of shall be governed by these rules and cases already disposed of shall not be re-opened.]

2. Definitions.- In these rules, unless the context otherwise requires.-

(a) “Minister” includes 3[ a Minister of State and a Deputy Minister];

4[(b)“Authorised Medical Attendant” means a Medical Officer whose name is included in the panel of Medical Officers designated as Authorised Medical Attendant by the Government;]

(c) “Government” means the State Government;

(d) “Medical Attendance” means the attendance in a Government Hospital or at the residence of a Minister or at the consulting room maintained by the authorised Medical Attendant by arrangement with him and includes.-

(i) such pathological, bacteriological, radiological or other methods of examination for the purposes of diagnosis as are available in any Government Hospital or laboratory in the State and are considered necessary by the authorised medical attendant; and

(ii) such consultation with any other medical officer or specialist in the service of the Government as the authorised medical attendant certificates to be necessary to such extent and in such manner as the medical officer or the specialist may, in consultation with the authorised medical attendant, determine;

(e) “State” means the State of Karnataka;

(f) “Nurse” means a qualified nurse holding a certificate or a diploma recognised by the Director of Medical Services in Karnataka;

1. Inserted by GSR 294, dated 7-8-1968 and shall be deemed to have come into force w.e.f. 29-5-1968

2. Sub-rule (2) substituted by Notification No. GAD 25 SAM 58, dated 12-5-1959

3. Subtituted for the words “a Deputy Minister” by GSR 294, dated 7-8-1968 and shall be deemed to have come into force w.e.f 29-5-1968

4. Clause (b) substituted by GSR 264, dated 12-7-1972, w.e.f. 20-7-1972

(g) “Patient” means a minister who. requires medical attendance and treatment;

(h) “Treatment” means the use of all medical and surgical facilities available at the Government Hospital in which a patient is treated and includes.-

(i) the employment of such pathological, Bacteriological, Radiological or any other methods as are considered necessary by the Authorised Medical Attendant;

(ii) dental treatment where the diagnosis of the physiological or other disability from which a patient is suffering indicates that the teeth are the real source of disturbance provided it is of a major kind such as treatment of jawbone disease, wholesale removal of teeth, etc.;

Explanation.- Surgical Operations needed for the removal of adonotomes and impacted wisdom-tooth also fall under the category of dental treatment of a major kind. Treatment of gum boils comes under oral surgery of the mouth and as such it is admissible under the rules. Treatment for pyorrhoea and gingivitis of teeth is however not covered.

(iii) the supply of such medicines, vaccines area or other therapeutic substances as are ordinarily available in Government Hospitals in the State;

(iv) the supply of such medicines, vaccines sera or other therapeutic substances not ordinarily so available as the authorised medical attendant may certify in writing to be essential for the recovery or for the prevention or serious deterioration in the condition of the patient;

(v) an independent room in the Hospital Ward in the hospital to which the patient is admitted and where no independent room is available, such accommodation as is available and is suited to his status;

(vi) the services of such nurses as are ordinarily employed by the hospital to which the patient is a admitted;

(vii) such special nursing as the authorised medical attendant may certify in writing to be essential for the recovery or for the prevention of serious deterioration in the condition of the patient having regard to the nature of the disease; and

(viii) the medical attendance described in sub-clause (ii) of clause (d) of Section 2 but does not include diet, or provision at the request of the patient, of accommodation superior to the described in sub-clause (v).

1[Explanation.- In the case of hospitals, where the tariff is inclusive of diet charge, 25 per cent of the same shall be reckoned as charges for diet.]

1. Explanation inserted by Notification No. GAD 25 SAM 58, dated 12-5-1959

3. Medical Attendance by Authorised Medical Attendant.- (1) A Minister shall be entitled free of charge to medical attendance by the authorised medical attendant.

(II) Where a Minister is entitled under sub-rule (1), free of charge, to medical attendance, any amount paid by him on account of such medical attendance shall, 1[on an application being made in the Form as in Appendix I and] on production of a certificate in writing by the authorised medical attendant in this behalf, be reimbursed to the Minister by the Government. The amount to be reimbursed shall be drawn by the Minister from the treasury on salary bill, supported by proper receipts and vouchers in respect of each item of expenditure incurred by him (including essentiality certificates in the case of special medicines) and the expenditure on this account shall be debited to the allotment in the State Budget under “25. General Administration-A.- President, Vice-President, Heads of States, Cabinets and Ministers-C. Ministers-6 Medical Charges”.

2[(III) Subject to sub-rule (II), reimbursement in respect of the cost of spectacles, where necessary, shall be allowed to the Ministers, subject to the condition that the amount claimed does not exceed a maximum of Rs. 300]

4. Essentiality Certificate.- (1) Whenever special medicines are prescribed, an essentiality certificate in Form “A” 3[or Form “B” as the case may be], shall be issued by the Authorised Medical Attendant.

(2) Expensive drugs, laxatives or other proprietary preparations for which cheaper substitutes of equal therapeutic value are available shall not be prescribed.

(3) Preparations including tonics which are primarily foods, toilets, disinfectants, appliances, dressings, etc., specified in the list of inadmissible preparations 4[published by the Director General of Health Services, New Delhi under the Central Services Medical Attendance Rules] shall not be prescribed.

5. Medical Attendance and Treatment of Families of Ministers.- (1) The member of the family of a Minister shall be entitled free of charges to medical attendance and treatment on the scale and condition allowed to the Minister himself under these rules. This concession does not include medical attendance or treatment other than.-

(i) at a Government Hospital; or

(ii) at the consulting room maintained by the authorised medical attendant by arrangement with him; 5[or];

6[(iii) at the residence of the Minister in accordance with the provisions of subrules (1) of Rule 8]

1. Inserted by Notification No. GAD 25 SAM 58, dated 12-5-1959

2. Sub-rule (III) inserted by GSR 31, dated 19-6-1998, w.e.f 9-7-1998

3. Inserted by Notification No. GAD 25 SAM 58, dated 12-5-1959

4. Substituted for the words and figures “in Appendix II” by GSR 294, dated 20-6-1977, w.e.f .

23-6-1977

5. Inserted by Notification No. GAD 23 GAM 60, dated 29-7-1961

6. Clause (iii) inserted by Notification No. GAD 23 GAM 60, dated 29-7-1961 1[x x x].

(2) No travelling allowance shall be allowed to members of the families for any journey performed to consult the authorised medical attendant.

(3) Medical Attendance and treatment, referred to in sub-rule(1), shall include confinement in a hospital and pre-natal and post-natal treatment of the wife of a Minister.

Explanation.- A certificate by a Minister that a person is a member of the family of the Minister who is residing with and is dependent on the Minister shall be sufficient authority for receiving the benefits under these rules.

6.Travelling Allowance.- (1) When the place at which a Minister falls ill is not the headquarters of the authorised medical attendant.-

(a) The Minister shall be entitled to travelling allowance for the journey to and from such headquarters; or

(b) if the Minister is too ill to travel, the authorised medical attendant shall be entitled to travelling allowance for the journey to and from the place where the patient is;

Provided that a Minister shall not be entitled to travelling allowance for journey for attendance by a dentist or an oculist.

(2) An application for travelling allowance under sub-rule (1) shall be accompanied by a certificate in writing by the authorised medical attendant stating that medical attendance was necessary and, if the application is under clause (b) of that sub-rule, that the Minister was too ill to travel.

7. Medical Attendance by person other than authorised Medical Attendant.- (1) If the authorised Medical Attendant is of the opinion that the case of a Minister is of such a serious or special nature as to require medical attendance by some person other than himself, he may with the approval of the Director of Medical Services in Karnataka (which shall be obtained before hand unless the delay involved entails danger to the health of the patient).-

(a) send the patient to the nearest specialist or other medical officer in the State as provided for in clause (d) of Rule 2, by whom, in his opinion, medical attendance is required for the patient; or

(b) if the patient is too ill to travel, summon such specialist or other medical officer to attend upon the patient.

(2) Where a patient is sent to a specialist or other medical officer under clause (a) of sub-rule (1) he shall, on production of a certificate in writing by the authorised medical attendant in this behalf, be entitled to travelling allowance for the journey to and from the headquarters of the specialist or other medical officer.

(3) A specialist or other medical officer summoned under clause (b) of sub-rule (1) shall, on production of a certificate in writing by the authorised

1. Proviso omitted by Notification No. GAD 23 GAM 60, dated 29-7-1961 medical attendant in this behalf, be entitled to travelling allowance for the journey to and from the place where the patient is.

8. Treatment at Residence.- 1[(1) A Minister and a member of his family, may at the option of the Minister, receive treatment either at the residence of the Minister or at a Government Hospital.

(2) Where a Minister or a member of his family is receiving treatment at the residence of the Minister, under sub-rule (1), the Minister shall be entitled to receive towards the cost of the treatment incurred by him or by a member of his family a sum equivalent to the cost of such treatment as the Minister or a member of his family would have been entitled to receive free of charge under these rules if the Minister or a member of his family had not been treated at the residence of the Minister].

2[(3) A claim for any amount admissible under sub-rule (2) shall be accompanied by a certificate in writing by the authorised medical attendant stating the amount of the cost of similar treatment referred to in sub-rule

(2).]

3[8-A. Treatment outside the State.- (i) When a Minister, while on duty outside the State but within India falls ill and has to receive urgent medical attendance, all amounts paid by him in respect of such treatment shall on an application being made in the form in Appendix I be reimbursed to him by Government, and when he has not made any payment the amount payable for such treatment if he so desires be paid direct by Government.

Such reimbursement or payment shall be subject to the conditions specified in sub-clauses (ii) to (iv) of this rule. The claim shall be supported by receipts and vouchers in respect of each item of expenditure incurred by the Minister.

(ii) The medical attendance and treatment secured shall be to the same extent and on the same scale as the Minister would have been eligible if he had been at the time of illness within the State and for this purpose any registered medical practitioner selected by the Minister to attend on him during the illness shall discharge the functions of an authorised medical attendant under the rules.

(iii) If the seriousness of the illness or the nature of the illness of the Minister is such as to require a medical attendant to travel with him, the travelling allowances and incidental charges of the medical attendant shall be paid by Government.

(iv) The claim shall be supported by proper receipts and vouchers and shall be countersigned by the authorised medical attendant to the effect that the treatment was necessary and the charges are reasonable having regard to the circumstances of the case.

(v) The extent to which the medical expenses incurred by a Minister while on duty outside Indian shall be reimbursed, shall be determined by

1. Clause (1) and (2) substitution by Notification No. GAD 23 GAM 60, dated 29-7-1961 and shall be deemed to have always been substituted

2. Sub-rule (3) substituted by Notification No. GAD 51 BAM 59, dated 13-1-1960

3. Rule 8-A substituted by Notification No. GAD 55 BAM 59, dated 15-3-1960 special orders of Government, provided that such expenses shall be payable only in respect of illness during the tour and to the extent the Minister would have been entitled to free medical attendance if he had fallen ill within the State.]

1[(vi) If the nature of the illness of the Minster is such as to require treatment outside India and such treatment is not available anywhere in India, the extent to which the medical expenses incurred by the said Minster outside India shall be reimbursed, shall be determined by special orders of the Government. Such reimbursement shall not be made except on production of a certificate in writing from the Director of Health and Family Welfare that such treatment is not available anywhere in India.

Note.- “Medical expenses” in clause (vi) includes the travelling and incidental charges of the Minster and where the Director of Health and Family Welfare certifies that the nature of the illness is such that the patient requires the attendance of an attendant, the travelling and incidental charges of the attendant.]

9. Charges for Services other than Medical Attendance to be paid.- A charge for services rendered in connection with, but not included in medical attendance on, or treatment of a patient entitled, free of charge, to medical attendance or treatment under these rules, shall be determined by the authorised medical attendant and paid by the patient.

2[10. Relaxation of provisions.- Where the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with any case in a just and equitable manner].

3[APPENDIX I From of application for claiming refund of medical expenses incurred in connection with medical attendance and/or treatment of Minsters and their families.

(N.B.- Separate from should be used for each patient)

1. Name of the Minister (in Block letters) 4[2. x x x x x.]

5[2. Salary of the Minister.]

6[3. x x x x x.]

7[3. Actual address.

4. Name of the patient and his/her relationship to the Minister.

1. Clause (vi) added by GSR 67, dated 1-2-1979, w.e.f 7-2-1979

2. Rule 10 added by GSR 749, dated 18-11-1965

3. Appendix I inserted by Notification No. GAD 25 SAM 58, dated 12-5-1959

4. Existing column (2) omitted by Notification No. GAD 20 BAM 59, dated 27-6-1959

5. Columns (3) to (10) renumbered as columns (2) to (9) by Notification No. GAD 20 BAM 59, dated 27-6-1959

6. Existing Columns (3) omitted by GSR 290, dated 20-6-1967

7. Columns (4) to (7) and (9) and (10) renumbered as Columns (3) to (8) by GSR 290, dated 20-6-1967 N.B.- In the case of children state age also.

5. Place at which the patient fell ill

6. Details of the amount claimed.- I. Medical Attendance

(i) Fees for consultation indicating.-

(a) the name and designation of the medical officer consulted and the hospital or dispensary to which attached.

(b) the number and dates of consultations and the fee paid for each consultation

(c) the number and dates of injections and the fee paid for each injection.

(d) whether consultation and/or injections were had at the hospital, at the consulting room of the medical officer or at the residence of the patient.

(ii) Charges for pathological, bacteriological, radiological or other similar tests undertaken during diagnosis indicating.-

(a) the name of the hospital or laboratory where the tests were undertaken; and

(b) whether the tests were undertaken on the advice of the authorised medical attendant. If so, a certificate to that effect should be attached.

(iii) Cost of Medicines, purchased from the market.

(List of medicines, cash memos, and the essentiality certificates should be attached).

II. Hospital Treatment Name of the Hospital Charges for hospital treatment, indicating separately the charges for.-

(i) Accommodation.- (State whether it was an independent room in the Hospital ward or where no independent room was available, it was other accommodation suited to the status of the Minister).

(ii) Diet.

(iii) Surgical operation or medical treatment or confinement.

(iv) Pathological, bacteriological, radiological or other similar tests indicating.-

(a) the name of the hospital or laboratory at which undertaken.

(b) whether undertaken of the advice of the medical officer in charge of the case at the hospital. If so, a certificate to that effect should be attached.

(v) Medicines.

(vi) Special medicines.- (List of medicines, cash memos, and the essentially certificate should be attached).

(vii) Ordinary nursing.

(viii) Special nursing i.e., nurses specially engaged for the patient. State whether they were employed on the advice of the medical officer in charge of the case at the hospital or at the request of the Minister/patient. In the former case a certificate from the medical officer incharge of the case and counter-signed by the Medical Superintendent of the hospital should be attached.

(ix) Ambulance charges.- (State the journey-to and from undertaken).

(x) Any other charges, e.g., charges for electric light, fan, heater, air-conditioning etc. State also whether the facilities referred to are a part of the facilities normally provided to all patients and no choice was left to the patient.

Notes.-1. If the treatment was received by the Minister/ member of the family of a Minister at his/her residence under Rule 8/proviso to Rule 5(i), (ii) of the Karnataka Minister Medical Attendance Rules,1958. Give particulars of such treatment and attach a certificate from the authorised medical attendant as required by these rules.

2. If treatment was received at a hospital other than a Government hospital, necessary details and the certificate of the authorised medical attendant that the requisite treatment was not available in any nearest Government hospital should be furnished.

III. Consultation with Specialist Fees paid to a Specialist or a Medical Officer other than the authorised medical attendant, indicating.-

(a) The name and designation of the specialist or medical officer consulted and the hospital to which attached.

(b) Number and dates of consultation and the fee charged for each consultation.

(c) Whether consultation was had at the hospital, at the consulting room of the specialist or medical officer, or at the residence of the patient.

(d) Whether the specialist or medical officer was consulted on the advice of the authorised medical attendant and the prior approval of the Director of Medical Services in Karnataka was obtained. If so, a certificate to that effect should be attached.

7. Total amount claimed.

8. List of enclosures] Declaration to be signed by the Minister I hereby declare that the statements in this application are true to the best of my knowledge and belief and that the person for whom medical expenses were incurred is wholly dependent upon and residing with me.

Date........... Signature of the Minister and office to which attached ________ 1[2[APPENDIX II] x x x x x] ______ 3[FORM ‘A’ (To be completed in the case of a patient who is not admitted to hospital for treatment) Certificate granted to Shrimati/Sri/Kumari. . . . . . . . . . . . . . . . . . . .

wife/son/daughter of Sri ............................... Minister/Deputy Minister for .................................

1. Substituted for the word and letter “Appendix A” by Notification No. GAD 25 SAM 58, dated 12-5-1959

2. Appendix II omitted by GSR 194, dated 20-6-1977, w.e.f. 23-6-1977

3. Forms ‘A’ and ‘B’ added by Notification No. GAD 25 SAM 58, dated 12-5-1959 I, Dr.

............................................................................ hereby certify.-

(a) that I charged Rs. . . . . . .(Rupees . . . . . only) for . . . . . . . . .

consultation(s) on . . . at my consulting room at the residence of the patient.

(b) that I charged Rs . . . . . . .(Rupees . . . . . .only) for administering . . . . . . . intravenous/intramuscular Subcutaneous injections on ... at my consulting room/ the residence of the patient.

(c) that the injections administered were not for immunizing or prophylactic purposes.

(d) that the patient has been under treatment at/ . . . . . .

hospital/my consulting room, and that the undermentioned medicines prescribed by me in this connection were essential for the recovery/prevention of serious deterioration in the condition of the patient, The medicines are not stocked in the ..................

..............hospital for supply to private patients and do not include preparations which are primarily foods, toilets or disinfectants.

Name of Medicines Sl.

No.

Name and Quantity Price Rs. Ps Sl. No Name and Quantity Price Rs. Ps

1. 7.

2. 8.

3. 9.

4. 10.

5. 11.

6. 12.

(e) that the patient is/was suffering from . . . . . . . . and is/ was under my treatment from.................to ..............

(f) that the patient was/was not treated for.-

(i) immunising and prophylactic purposes;

(ii) sterility or sterilisation;

(iii) veneral diseases and delirium tremens;

(g) that it was/ was not a case of.-

(i)pro-nated or post-natal, routine check-ups

(ii) testing of eyesight for glasses

(h) that the X-Ray, Laboratory tests, etc., dated ...........for which the expenditure of Rs .......was incurred were necessary and were undertaken on my advice at the ............................which is a Government hospital/laboratory.

(i) that the patient did not require/ required hospitalisation

(j) that I am of equivalent rank/immediately junior in rank to the A.M.A and am attached to the same hospital as he is, viz., the ...

........hospital, .................

(k) that the ............ointment/mixture, entered at item ....................

under certificate No. (d) on reverse, could not be dispensed at the Government hospital laboratory and the patient was advised to purchase it from market.

(l) that, I referred the patient to the ......... hospital which is the nearest Government State-aided/maintained by local authority/private hospital from the place where the patient fell ill which in my opinion could provide the necessary and suitable treatment.

(m) that I referred the patient to Dr......................Specialist/M.O in Government employment in the ...........for specialist consultation and that the necessary approval of the ................as required under the rules, was obtained vide his letter/Memo No...................dated ................................

Signature and Designation of the Place...... Medical Officer and the hospital/ Date........ Dispensary to which attached N.B.- Certificate not applicable shall be struck off. Certificate (e) is compulsory and must be filled in by the Medical Officer in all cases.

Dates to be clearly given here. Name of the hospital to be given here.

Names of Medicines to be given in capital letters Certificate granted to/Mrs./Mr./Miss ........................................

wife/son/daughter or Mr .......................................

Minister/Deputy Minister for..............................

_______ FORM ‘B’ (To be completed in the case of patients who are admitted to Hospital for Treatment)

PART A (To be signed by the Medical Officer-in-charge of the case at the hospital)

(a) I, Dr .....................hereby certify.......that the patient was admitted to Hospital on the advice of on my advice...................(name of Medical Officer).

(b) that the patient has been under treatment at ...........and that the undermentioned medicines prescribed by me in this connection were essential for the recovery/prevention of serious deterioration in the condition of the patient, the medicines are not stocked in the ........ for supply to private patients and do not include proprietory preparations for which cheaper substance of equal therapeutic value are available, nor preparation which are primarily food, toilets or disinfectants.

Name of Medicines Price

1.

2.

3.

4.

5.

6.

(c) that the injections administered were not for immunising or prophylactic purpose.

(d) that the patient is/was suffering from .............. and is/was under my treatment from.................to ........................

(e) that the X–ray, Laboratory, etc., for which an expenditure of Rs..

............was incurred were necessary and were undertaken on my advice at..

.....................

(Name of Hospital or Laboratory)

(f) that I called in Dr .....................for specialist consultation and that the necessary approval of the Director of Medical Services in Karnataka as required under the rules was obtained.

Signature and designation of the Medical Officer-in-charge of the case at the Hospital.

PART B I certify that the patient has been under treatment at the .....................

Hospital and that the services of the special nurses for which an expenditure of Rs..............was incurred vide bills and receipts attached were essential for the recovery/prevention of serious deterioration in the condition of the patient.

Signature of the Medical Officer-in-charge Countersigned of the case at the Hospital I certify that the patient has been under the treatment at the ..............

.Hospital and that the facilities provided were the minimum which were essential for the patient’s treatment.

Place................... Medical Superintendent, Date.................. ..........Hospital.

N.B.- Certificates not applicable shall be struck off Certificate (d) is compulsory and must be filled in by the Medical Officer in all cases.]

______ 1NOTIFICATION In exercise of the powers conferred by Section 15 of Karnataka Ministers’ Salaries and Allowances Act, 1956 (Karnataka Act V of 1957), the Government of Karnataka hereby makes the following amendments to the Karnataka Ministers’ Medical Attendance Rules, 1958, namely.-

1. For sub-rule(2) of Rule 1, the following shall be substituted.- “They shall come into force with effect from 12th August, 1958. All claims relating to the Medical Attendance of Ministers/Deputy Ministers which have not been already disposed of shall be governed by these rules and cases already disposed of shall not be re-opened”.

2. In Rule 2 after sub-clause (viii) of clause (h), the following explanation shall be inserted, namely.- “Explanation.- In the case of hospitals, where the Tariff is inclusive of diet charge, 25 per cent of the same shall be reckoned as charges for diet”

3. In Rule 3, in sub-rule (II) after the word “shall” and before the words “on production”, the following shall be inserted, namely.- “on an application being made in the form as in Appendix I and on .......

...............”.

4. In Rule 4.-

(a) in sub-rule (1) after the words “Form A” and before the word “shall” the words “or Form B as the case may be” shall be inserted.

(b) In sub-rule (3) for the words, “Appendix A” the words and figures “Appendix II” shall be substituted.

5. After Rule 9, the following Appendix shall be inserted, namely.- “Appendix I”.

6. In Appendix A.-

(1) The heading shall be changed as “Appendix II”

(2) Form A shall be omitted.

7.After Appendix II thus modified, the following forms shall be added, namely.- “FORM A” “FORM B” APPENDIX I Form of application for claiming refund of medical expenses incurred in connection with medical attendance and/or treatment of Ministers and their Families.

1. Published in the Karnataka Gazette, dated 28-5-1959, vide Notification No, GAD 25 SAM 58, dated 12-5-1959 N.B.- Separate form should be used for each patient.

1. Name of the Minister (in Block letters)

2. Office in which employed

3. Salary of the Minister

4. Actual address

5. Name of the patient and his/her relationship to the Minister.

N.B.-In the case of children state age also

6. Place at which the patient fell ill

7. Details of the amount claimed .- I. Medical Attendance.-

(i)Fess for consultation indicating.-

(a) the name and designation of the medical officer consulted and the hospital or dispensary to which attached;

(b) the number and dates of consultations and the fee paid for each consultation

(c) the number and dates of injections and the fee paid for each injection;

(d) whether consultations and/ or injections were had at the hospital, at the consulting room of the medical officer or at the residence of the patient.

(ii) Charges for pathological, bacteriological, radiological or other similar tests undertaken during diagnosis indicating.-

(a) the name of the hospital or laboratory where the tests were undertaken; and

(b) Whether the tests were undertaken on the advice of the authorised medical attendant. If so, a certificate to that effect should be attached.

(iii) Cost of medicines, purchased from the market.

(List of medicines, cash memos and the essentiality certificates should be attached).

II. Hospital treatment.- Name of the Hospital Charges of hospital treatment, indicating separately the charges for.-

(i) Accommodation.- (State whether it was an independent room in the Hospital Ward or where no independent room was available, it was other accommodation suited to the status of the Minister.)

(ii) Diet

(iii)Surgical operation or medical treatment or confinement.

(iv)Pathological, Bacteriological, radiological or other similar tests indicating.-

(a) the name of the hospital or laboratory at which undertaken.

(b) whether undertaken on the advice of the medical officer incharge of the case at the hospital. If so, a certificate to that effect should be attached.

(v) Medicines

(vi) Special medicines (List of medicines, cash memos and the essentiality certificate should be attached).

(vii) Ordinary nursing

(viii) Special nursing, i,e nurses specially engaged for the patient. State whether they were employed on the advice of the medical officer in-charge of the case at the hospital or at the request of the Minister/patient. In the former case a certificate from the medical officer in charge of the case and countersigned by the Medical Superintendent of the hospital should be attached.

(ix) Ambulance charges (State the journey-to and from undertaken).

(x) Any other charges e.g. charges for electric light, fan, heater, air conditioning etc. State also whether the facilities referred to are part of the facilities normally provided to all patients and no choice was left to the patient.

Notes.- 1. If the treatment was received by the Minister/member of the family of a Minister at his/her residence under Rule 8/proviso to Rule 5(1) (ii) of the Karnataka Ministers Medical Attendance Rules, 1958.

Give particulars of such treatment and attach a certificate from the authorised medical attendants as required by the these rules.

2. If treatment was received at a hospital other than a Government hospital, necessary details and the certificate of the authorised medical attendant that the requisite treatment was not available in any nearest Government hospital should be furnished.

III. Consultation with specialist.- Fees paid to a specialist or a Medical Officer other than the authorised Medical attendant, indicating.-

(a) The name and designation of the specialist or medical officer consulted and the hospital to which attached

(b) Number and dates of consultations and the fee charged for each consultation.

(c) Whether consultation was had at the hospital, at the consulting room of the specialist or medical officer, or at the residence of the patient.

(d) Whether the specialist or Medical Officer was consulted on the advice of the authorised medical attendant and the prior approval of the Director of Medical Services in Mysore was obtained. If so, a certificate to that effect should be attached.

8. Total amount claimed

9. List of enclosures Declaration to be signed by the Minister I hereby declare that the statements in this application are true to the best of my knowledge and belief and that the person for whom medical expenses were incurred is wholly dependent upon and residing with me.

Signature of the Minister and office to which attached.

Date....................

FORM A (To be completed in the case of a Patient who is not admitted to hospital for treatment) Certificate granted to Shrimati/Sri/Kumari . . . . ...............................

wife/son/daughter of Sri ............. Minister/Deputy Minister for ........

........

I, Dr.................. hereby certify.-

(a) that I charged Rs. . . . . . .(Rupees . . . . . only) for . . . . . . . . .

consultation(s) on* . . . at my consulting room/at their residence of the patient.

(b) that I charged Rs . . . . . . .(Rupees . . . . . .only) for administering . . . . . . . Intra-Venous/Intra-Muscular subcutaneous injections on* ... at my consulting room/residence of the patient.

(c) that the injections administered were not for immunizing or prophylactic purposes.

(d) that the patient has been under treatment at* . . . . . .

hospital/my consulting room, and that the undermentioned medicines prescribed by me in this connection were essential for the recovery/prevention of serious deterioration in the condition of the patient, The medicines are not stocked in the* ..................

...hospital for supply to private patients and do not include preparations which are primarily foods, toilets or disinfectants.

Name of Medicines Sl.

No.

Name and Quantity Price Rs. Ps Sl. No Name and Quantity Price Rs. Ps

1. 7.

2. 8.

3. 9.

4. 10.

5. 11.

6. 12.

(e) that the patient is/was suffering from . . . . . . . . and is/ was under my treatment from.................to ..............

(f) that the patient was/was not treated for.-

(i)immunising and prophylactic purposes;

(ii) sterility or sterilisation;

(iii) venereal diseases and delirium tremens;

(g) that it was/ was not a case of.-

(i)pre-natal or post-natal, routine check-ups.

(ii) testing of eye-sight for glasses.

(h) that the X-Ray, laboratory tests, etc., dated ...........for which the expenditure of Rs .......was incurred were necessary and were undertaken on my advice at the ............................which is a Government hospital/laboratory.

(i) that the patient did not require/ required hospitalisation

(j) that I am of equivalent rank/immediately junior in rank to the A.M.A and am attached to the same hospital as he is, viz., the* ...

........hospital, .................

(k) that the ............ointment/mixture, entered at item ....................

.under certificate No. (d) on reverse, could not be dispensed at the Government hospital/laboratory and the patient was advised to purchase it from market.

(l) that, I referred the patient to the/ ......... hospital which is the nearest Government/State-aided/maintained by local authority/private hospital from the place where the patient fell ill which in my opinion could provide the necessary and suitable treatment.

(m) that I referred the patient to Dr......................Specialist/M.O in Government employment in the ...........for specialist consultation and that the necessary approval of the ................as required under the rules was obtained vide his letter/Memo No...................dated ................................

Signature and Designation of the Place...... Medical Officer and the Hospital/ Date........ dispensary to which attached N.B.- Certificates not applicable shall be struck off. Certificate (e) is compulsory and must be filled in by the Medical Officer in all cases.

*Dates to be clearly given here. *Name of the hospital to be given here.

**Names of medicines to be given in Capital letters Certificate granted to/Mrs./Mr./Miss ........................................

Wife/son/daughter or Mr .......................................

Minister/Deputy Minister for..............................

_______ FORM ‘B’ (To be completed in the case of patients who are admitted to Hospital for Treatment)

PART A (to be signed by the Medical Officer-in-charge of the case at the Hospital) I, Dr .....................hereby certify

(a) that the patient was admitted to Hospital on the advice of/on my advice...................(Name of Medical Officer).

(b) that the patient has been under treatment at ...........and that the undermentioned medicines prescribed by me in this connection were essential for the recovery/prevention of serious deterioration in the condition of the patient. The medicines are not stocked in the ........ for supply to private patients and do not include proprietary preparations for which cheaper substance of equal therapeutic value are available, nor preparations which are primarily food, toilets or disinfectants.

Name of Medicines Price

1.

2.

3.

4.

5.

6.

(c) that the injections administered were/were not for immunising or prophylactic purpose.

(d) that the patient is/was suffering from .............. and is/was under my treatment from.................to ........................

(e) that the X–ray, Laboratory tests etc., for which an expenditure of Rs..

............was incurred were necessary and were undertaken on my advice at..

.....................(Name of Hospital or Laboratory)

(f) that I called in Dr .....................for specialist consultation and that the necessary approval of the Director of Medical Services in Mysore as required under the rules was obtained.

Signature and designation of the Medical Officer-in-charge of the case at the Hospital.

PART B I certify that the patient has been under treatment at the .....................

Hospital and that the services of the special nurses for which an expenditure of Rs..............was incurred vide bills and receipts attached were essential for the recovery/prevention of serious deterioration in the condition of the patient.

Signature of the Medical Officer-in-charge Countersigned of the case at the Hospital Medical Superintendent, ..........Hospital.

I certify that the patient has been under the treatment at the ..............

.Hospital and that the facilities provided were the minimum which were essential for the patient’s treatment.

Medical Superintendent, ..........Hospital Place...................

Date.................. .

N.B.-Certify not applicable should be struck off. Certificate (d) is compulsory and must be filled in by the Medical Officer in all cases.

_______ 1NOTIFICATION In exercise of the powers conferred by Section 15 of Karnataka Ministers’ Salaries and Allowances Act, 1956 (Karnataka Act V of 1957), the Government of Karnataka hereby amends to the Karnataka Ministers’ Medical Attendance Rules, 1958, as follows.-

(1) After Rule 8 of the said rule, the following rule shall be inserted and shall already be deemed to have been inserted, namely.- “8-A. Treatment outside the State.- (i) When a Minister, while on duty outside the State but within India falls ill and has to receive urgent medical attendance, all amounts paid by him, in respect of such treatment shall, subject to the conditions specified below, be reimbursed to him by Government on an application being made in the form in Appendix I. The claim shall be supported by proper receipts and vouchers in respect of each item of expenditure incurred by him.

(ii) The medical attendance and treatment secured shall be to the same extent and on the same scale as the Minister would have been eligible if he had been at the time of the illness within the State and for this purpose any registered medical practitioner selected by the Minister to attend on him during the illness shall discharge the functions of an authorised medical practitioner under the rules.

(iii) The claim shall be supported by proper receipts and vouchers and shall be countersigned by the authorised Medical Attendant to the effect that the treatment was necessary and the charges are reasonable, having regard to the circumstances of the case.

(iv) The extent to which medical expenses incurred by a Minister while on duty outside India shall be reimbursed, shall be determined by special orders of Government, provided that such expenses shall be payable only in respect of illness during the tour and to the extent the Minister would have been entitled to free medical attendance if he had fallen ill within the State.”

(2) In Appendix I of the rules, column (2), should be deleted and the remaining columns (3) to (10) renumbered as (2) to (9).

____

1.Published in the Karnataka Gazette, dated 16-7-1959, vide Notification No. GAD 20 BAM 59, dated 27-6-1959 1NOTIFICATION In exercise of the powers conferred by Section 15 of Karnataka Ministers’ Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957), the Government of Karnataka hereby makes the following amendments to the Karnataka Ministers’ Medical Attendance Rules, 1958, namely.- In the said rules, in Rule 8.-

1. For sub-rule(1), the following sub-rule shall be substituted and shall be deemed always to have been substituted namely.- “(1) A Minister may, at his option, receive treatment either at his residence or at a Government hospital”.

2. For sub-rule(3), the following sub-rule shall be substituted and shall be deemed always to have been substituted, namely.- “(3) A claim for any amount admissible under sub-rule (2) shall be accompanied by a certificate in writing by the authorised medical attendant stating the amount of the cost of similar treatment referred to in sub-rule(2)”.

______ 1NOTIFICATIN In exercise of the powers conferred by Section 15 of Karnataka Ministers’ Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957), the Government of Karnataka hereby makes the following further amendment to the Karnataka Ministers’ Medical Attendance Rules, 1959, namely.- In the said rule, for Rule 8-A, the following rule shall be substituted and shall be deemed to have always been substituted, namely.- “8-A. Treatment outside the State.- (i) When a Minister, while on duty outside the State but within India falls ill and has to receive urgent medical attendance, all amounts paid by him in respect of such treatment shall on an application being made in the form in Appendix I be reimbursed to him by Government, and when he has not made any payment the amount payable for such treatment if he so desires be paid direct by Government. Such reimbursement or payment shall be subject to the conditions specified in sub-clauses (ii) to (iv) of this rule, The claim shall be supported by receipts and vouchers in respect of each item of expenditure incurred by the Minister.

(ii) The medical attendance and treatment secured shall be to the same extent and on the same scale as the Minister would have been eligible if he had been at the time of the illness within the State and for this purpose any registered medical practitioner selected by the Minister to

1. Published in the Karnataka Gazetted, dated 21-1-1960, vide, Notification No. GAD 51 BAM 59, dated 13-1-1960

2. Published in the Karnataka Gazetted, dated 24-3-1960, vide, Notification No. GAD 55 BAM 59, dated 15-3-1960 attend on him during the illness shall discharge the functions of an authorised medical practitioner under the rules.

(iii) If the seriousness of the illness or the nature of the illness of the Minister is such as to require a medical attendant to travel with him, the travelling allowances and incidental charges of the medical attendant shall be paid by Government.

(iv) The claim shall be supported by proper receipts and vouchers and shall be countersigned by the authorised Medical attendant to the effect that the treatment was necessary and the charges are reasonable, having regard to the circumstances of the case.

(iv) The extent to which medical expenses incurred by a Minister while on duty outside India shall be reimbursed, shall be determined by special orders of Government, provided that such expenses shall be payable only in respect of illness during the tour and to the extent the Minister would have been entitled to free medical attendance if he had fallen ill within the State.” ________ 1NOTIFICATIN In exercise of the powers conferred by Section 15 of Karnataka Ministers’ Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957), the Government of Karnataka hereby makes the following further amendments to the Karnataka Ministers’ Medical Attendance Rules, 1958, namely.-

1. In sub-rule(1) of Rule 5 of the said rules.-

(a) at the end of clause (ii) the word “or” shall be inserted;

(b) after clause (ii), the following clause shall be inserted, namely.- “(iii) at the residence of the Minister in accordance with the provisions of sub-rule (1) of Rule 8”;

(c) the proviso shall be omitted.

2. In Rule 8 of the said rules, for, sub-rules (1) and (2), the following sub-rule shall be substituted, namely.- “(1) A Minister and a member of his family, may at the option of the Minister, receive treatment either at the residence of the Minister or at a Government Hospital.

(3) Where a Minster or a member of his family is receiving treatment at the residence of the Minister under sub-rule (1), the Minister shall be entitled to receive towards the cost of the treatment incurred by him or by a member of his family a sum equivalent to the cost of such treatment as the Minister or a member of his family would have entitled to

1. Published in the Karnataka Gazetted, dated 10-3-1961, vide, Notification No.

GAD 23 GAM 60, dated 29-7-1961 receive free of charge under these rules if the Minister or a member of his family had not been treated at the residence of the Minister”.

3. The amendments made by this notification shall be deemed to have always been made.

________ 1THE KARNATAKA MINISTERS, MEDICAL ATTENDANCE (SIXTH AMENDMENT) RULES, 1965 GSR 749.- In exercise of the powers conferred by Section 15 of the Karnataka Ministers Salaries and Allowance Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers Medical Attendance Rules, 1958, namely.-

1. Title.- These rules may be called the Karnataka Ministers’ Medical Attendance (Sixth Amendment) Rules, 1965.

2. Addition of Rule 10.- In the Karnataka Minister’ Medical Attendance Rules, 1958, after Rule 9, the following rule be added, namely.- “ 10. Relaxation of provisions.- Where the Government is satisfied that the operation of any of these rules causes undue hardship in any particular such extent and subject to such conditions as it may consider necessary for dealing with any case in a just and equitable manner”.

______ 2THE KARNATAKA MINISTERS, MEDICAL ATTENDANCE (SEVENTH AMENDMENT) RULES, 1967 GSR 290.- In exercise of the powers conferred by Section 15 of the Karnataka Ministers Salaries and Allowances Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers Medical Attendance Rules, 1958, namely.-

1. Title.- These rules may be called the Karnataka Ministers’ Medical Attendance (Seventh Amendment) Rules, 1967.

2. Amendment of Appendix I.- In the Form specified in Appendix I to the Karnataka Ministers’ Medical Attendance Rules, 1958, Column (3) and the entries therein shall be omitted and Column 4, 5, 6, 7, 9 and 10 shall be renumbered as 3, 4, 5, 6, 7 and 8 respectively.

______

1. Published in the Karnataka Gazetted, dated 2-12-1965, vide, Notification No. GAD 32 GAM 64, dated 18-11-1965

2. Published in the Karnataka Gazetted, dated 13-7-1967, vide, Notification No. GAD 3 GAM 67, dated 20-6-1967 1THE KARNATAKA MINISTERS, MEDICAL ATTENDANCE (EIGHT AMENDMENT) RULES, 1968 GSR 294.- In exercise of the powers conferred by sub-sections (1)and (1-A) of Section 15 of the Karnataka Ministers, Ministers of State and Deputy Ministers Salaries and Allowance Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers Medical Attendance Rules, 1958, namely.-

1. Title and commencement.- (1) These rules may be called the Karnataka Ministers’ Medical Attendance (Eight Amendment) Rules,

1968.

(2) They shall be deemed to have come into force on the 29th day of May, 1968.

2. Amendment of Preamble.- In the Preamble of the Karnataka Minister Medical Attendance Rules, 1958 (hereinafter referred to as the said rules), after the word “Minister” a comma and the words “Minister of State and deputy Ministers” shall be inserted.

3. Amendment of Rule 2.- In clause (a) of Rule 2 of the said rules, for the words “a Deputy Minister” the words “a Minister of State and a Deputy Minister” shall be substituted.

_____ 2THE KARNATAKA MINISTERS, MEDICAL ATTENDANCE (AMENDMENT) RULES, 1968 GSR 264.- In exercise of the powers conferred by Section 15 of the Karnataka Ministers, Salaries and Allowance Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers Medical Attendance Rules, 1958, namely.-

1. Title and commencement.- (1) These rules may be called the Karnataka Ministers’ Medical Attendance (Amendment) Rules, 1972.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Amendment of Rule 2.- For clause (b) of Rule 2 of the Karnataka Minister’ Medical Attendance Rule, 1958, the following clause shall be substituted namely.- “(b) “Authorised Medical Attendant” means a Medical Officer whose name is included in the panel of Medical Officers designated as Authorised Medical Attendants by the Government” _____

1. Published in the Karnataka Gazetted, dated 29-8-1968, vide, Notification No. GAD 38(4) GAM 68, dated 7-8-1968

2. Published in the Karnataka Gazetted, dated 20-7-1972, vide, Notification No. GAD 45 GAM 72, dated 12-7-1972 1THE KARNATAKA MINISTERS, MINISTERS OF STATE AND DEPUTY MINISTER’ MEDICAL ATTENDANCE (AMENDMENT) RULES, 1977 GSR 194.- In exercise of the powers conferred by Section 15 of the Karnataka Ministers, Salaries and Allowance Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers, Ministers of state and Deputy Minister Medical Attendance Rules, 1958, namely.-

1. Title and commencement.- (1) These rules may be called the Karnataka Ministers’ Ministers of state and Deputy Minister Medical Attendance (Amendment) Rules, 1977.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Amendment of Rule 4.- In sub-rule (3) Rule 4 of the Karnataka Ministers’ Ministers of State and Deputy Minister Medical Attendance Rule, 1958, (hereinafter referred to as the said rules), for the words and figures “in Appendix II”, the words “published by the Director General of Health Services, New Delhi under the Central Services Medical Attendance Rules”, shall be substituted. the following clause shall be substituted namely.-

3. Omission of Appendix II.- Appendix II to the said rules shall be omitted.

_______ 2THE KARNATAKA MINISTERS, MINISTERS OF STATE AND DEPUTY MINISTER’ MEDICAL ATTENDANCE (AMENDMENT) RULES, 1978 GSR 67.- In exercise of the powers conferred by Section 15 of the Karnataka Ministers, Salaries and Allowance Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers, Ministers of state and Deputy Minister Medical Attendance Rules, 1958, namely.-

1. Short title and commencement.- (1) These rules may be called the Karnataka Ministers’ Ministers of State and Deputy Minister Medical Attendance (Amendment) Rules, 1978.

(2) They shall come into force at once

2. Amendment of Rule 8-A.- After clause (v) of Rule 8-A of the Karnataka Ministers, Ministers of state and Deputy Minister Medical Attendance Rules, 1958 the following clause shall be added at the end namely.-

1. Published in the Karnataka Gazetted, dated 23-6-1977, vide, Notification No. DPAR 2 GAM 76, dated 20-6-1977

2. Published in the Karnataka Gazetted, Extraordinary, dated 7-2-1979, vide, Notification No.

DPAR 78 GAM 78, dated 1-2-1979

(vi) If the nature of the illness of the Minister is such as to require treatment outside India and such treatment is not available anywhere in India, the extent to which the medical expenses incurred by the said Minister outside India shall be reimbursed, shall be determined by special except on production of a certificate in writing from the Director of Health and Family Welfare that such treatment is not available anywhere in India.

Note.- “Medical expenses” in clause (vi) includes the travelling and incidental charges of the Minister and where the Director of Health and Family Welfare certifies that the nature of the illness is such that the patient requires the attendance of an attendant, the travelling and incidental charges of the attendant.

_____ 1THE KARNATAKA MINISTERS, MINISTERS OF STATE AND DEPUTY MINISTER’ MEDICAL ATTENDANCE (AMENDMENT) RULES, 1998 GSR 31.- In exercise of the powers conferred by Section 15 of the Karnataka Ministers, Salaries and Allowance Act, 1956 (Karnataka Act, 5 of 1957), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Ministers, Ministers of state and Deputy Minister Medical Attendance Rules, 1958, namely.-

1. Title and commencement.- (1) These rules may be called the Karnataka Ministers’ Ministers of State and Deputy Minister Medical Attendance (Amendment) Rules, 1998.

(2) They shall come into force the date of their publication in the Official Gazette.

2. Amendment of Rule 3.- After sub-rule (II) Rule 3 of the Karnataka Ministers’ Ministers of State and Deputy Minister Medical Attendance Rule, 1958, the following shall be substituted namely.- “(III) Subject to sub-rule (II), reimbursement in respect of the cost spectacles, where necessary, shall be allowed to the Minister, subject to the condition that the amount claimed does not exceed a maximum of Rs.300”.

_____

1. Published in the Karnataka Gazetted, dated 9-7-1998, vide, Notification No. DPAR 66 GAM 98, dated 19-6-1998

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