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Section 2: Definitions

The Medical Attendance to the Exmembers of the Legislative Assembly Rules, 1988State Rules of Kerala · 1976

In these rules unless the context otherwise requires,—

(a) "Ex­Member of the Legislative Assembly" means a member as defined in sub­ section (1) of Section 2 of the Kerala Payment of Pension to Members of Legislative Assembly Act, 1976 (46 of 1976) "and includes the spouse of such person."

(b) "Authorised Medical Attendant" means all Medical Officers of Government Hospitals in the Allopathic, Ayurvedic and Homeopathic Systems of Medicine, of and above the rank of the Assistant Surgeons and Medical Officers equivalent thereto.

Note:—(1) The Medical Officers who are Authorised Medical Attendant as mentioned above will not be considered as Authorised Medical Attendants during the period of their leave (except Casual Leave) since during this period they are not discharging usual functions in their official capacity.

(2) The Authorised Medical Attendant of an Ex­Member of Legislative Assembly shall be determined with reference to the place where the Ex­Member of Legislative Assembly falls ill, and not where he takes treatment.

(c) "Government Medical Institutions" shall include all Government Hospitals, Government Ayurveda and Homoeo Institutions, Primary Health Centres, Public Health Laboratories and Institutions, like T.B. Hospitals, Leprosy Hospitals and Mental Health Centres maintained by Government for providing medical relief.

(d) "Medical Attendance" means attendance in a Government Hospital or at the residence of an Ex­Member of Legislative Assembly or at the consulting room maintained by the Authorised Medical Attendant by arrangement with him and includes:­

(i) such pathological, bacteriological, radiological and other methods of examination for the purpose of diagnosis as are available in any Government Hospital or Laboratory and are considered necessary by the Authorised Medical Attendant;

(ii) such consultation with any other Medical Officer or Specialist in the State Government Services as the Authorised Medical Attendant certifies 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; and;

(iii) medical attendance in the consulting room maintained by the Authorised Medical Attendant. Any fee for consultation and the cost of medicines prescribed in the consulting room shall be reimbursable.

The maximum consultation fee shall be Rupees One hundred and fifty without any differentiation between specialists and other medical officers. The consultation fee shall be allowed only for alternative consultation, having at least ten day's gap.

(e) "Nurse" means a qualified nurse holding a certificate or diploma recognised by the Director of Health Services of the State or a registered nurse in a state in which there is statutory provision for the registration of nurse.

(f) "Treatment" means the use of all medical and surgical facilities available at the Government Hospital in which the Ex­Member of the Legislative Assembly 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) The supply of such medicines, vaccines, sera or other therapeutic substances as are ordinarily available in Government Hospitals in the State but excluding:—

(a) such preparations which are not medicines but are primarily used as food, tonic, toilet or disinfectant; and

(b) such costly drugs, tonic, laxatives and other elegant and proprietary preparations (for which drugs of equal therapeutic value are available);

(iii) 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 of serious deterioration in the condition of the Ex­Member of the Legislative Assembly;

(iv) such accommodation as is ordinarily provided in the hospital to which the Ex­ Member of the Legislative Assembly is admitted and its suited to his/her status.

(v) the services of such nurses as are ordinarily employed by the hospital to which the Ex­Member of the Legislative Assembly is admitted;

(vi) 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 Ex­member of the Legislative Assembly having regard to the nature of the disease; and

(vii) the medical attendance described in sub­clause (ii) of clause (d) but does not include diet, or provision at the request of the Ex­Member of the Legislative Assembly of accommodation superior to that described in sub­clause (iv); and

(viii) treatment for stones in kidney that may be availed of at the place where the stones are first noticed or at place where the trouble suddenly occurs.

Where this provision sits

ActThe Medical Attendance to the Exmembers of the Legislative Assembly Rules, 1988
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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