THE ALL INDIA SERVICES (MEDICAL ATTENDANCE) RULES, 1954
Rule 2. Definitions. -
Government of India Decisions
1. Authorised Medical Attendant is determined at the place where the MOS falls ill; treatment of kidney stone can be taken at the place first noticed; and reimbursement will be admissible to the member of Service or to his wife if they go outside his/her ordinary place of residence: -
The Govt. of India have held that under rule 2(a)-
(i) The authorised medical attendant of a member of the Service is determined with reference to the place where he falls ill and not where he takes treatment, etc.
(ii) Treatment for stones in kidney can be taken at the place where the stones are first noticed or at the place where the trouble suddenly occurs.
(iii) Reimbursement of medical expenses will be admissible if the member of the All India Service or his wife goes outside the ordinary place of her/his duty/residence for the purpose of confinement.
2. In order to ensure genuineness of the claims relating to cases of confinement at a place other than the ordinary place of duty/residence, it would be desirable to obtain a declaration from the member of the Service of her/his intention of going herself or sending out his wife to a particular station for the purpose.
[G. I. MHA letter No. 7/18/62-AIS (III), dated 05-04-1963 read with DP & AR letter No. 11023/7/77-AIS (III) dated 10-10-1977.]
2. It is not binding that only Class I Medical Officers should be declared as Authorised Medical Attendants:-
Under rule 2(a), it is not binding that only class I Medical Officers working in a particular place should be declared as Authorised Medical Attendants. The phrase “Principal Medical Officer” used therein refers to the “Principal Medical Officer” in charge of each independent Hospital/Dispensary in that place. Under the provisions of General Clauses Act, 1978 the words in the singular shall include the plural and vice-versa. Accordingly, “Principal Medical Officer” means “Principal Medical Officers.”
[G.I. MHA letter No. 7/14/65-AIS (III), dated 29-11-1965]
3. State Governments are competent to appoint any govt. doctor working as Principal Medical Officer to act as an Authorised Medical Attendant:-
Under Clause (a) read with clause (d), the State Governments are themselves competent to appoint any Government doctor working in any place in the State as Principal Medical Officer to act as an Authorised Medical Attendant for All India Services officers.
[G.I. MHA letter No. 7/14/62-AIS(III), dated 30-10-1962 and No.7/1/64-AIS (III), dated 09-01-1964]
4. State Governments are competent to declare “Hony. Medical Officers” as Authorised Medical Attendants:-
The Govt. of India have held that the practice followed in the case of Central Civil Services employees according to which “Honorary Medical Officers” outside the hospital precincts are treated just like private medical practitioners is not applicable to All India Service Officers serving in connection with the affairs of the State.
2. Under rule 2(a) read with rule 2(d), the State Governments are competent to declare “Hony. Medical Officers” as Authorised Medical Attendants for the purposes of medical attendance of the members of the Service and the members of their families.
[G.I. MHA letter No. 7/5/63-AIS (III), dated 15-03-1965.]
5. Reimbursement of medical expenditure is admissible to widowed/divorced daughter wholly dependent on the member of Service:-
The Govt. of India have held that sub-rule 2(c) (ii) stipulates, that the children (including step children) are included in the family, provided they are wholly dependent on the member of the Service. The fact of marriage, divorce, widow-hood, or the age of the child is not relevant. If the circumstances of the case so warrant and the officer certifies that the widowed/divorced daughter is wholly dependent on the member of the Service and the controlling authority is satisfied, claim for reimbursement of the medical expenditure is admissible.
[G.I. MHA letter No. 7/16/64-AIS (III), dated 15-02-1965.]
6. Fees prescribed in Central Service (Medical Attendance) Rules, 1944 are applicable to the AIS offices serving in connection with the affairs of the Union. The State Governments are to prescribe fees for AIS officers working with the affairs of the States:-
The Govt. of India have held that the schedule of fee prescribed in the Central Service (Medical Attendance) Rule, 1944, is also applicable to All India Services Officers serving in connection with the affairs of the Union under rule 2(a) of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960. So far as the All India Services Officers serving in connection with the affairs of the States are concerned it is for the State Government to prescribe, under rule 2(d) read with rule 2(a) of the A.I.S. (Medical Attendance) Rules, 1954, fees for medical attendance and treatment to be rendered by the Authorised Medical Attendance to such officers. If no specific rates of fees are prescribed by the State Government for such officers, the rates of fees, etc. prescribed for Class I officers of the State concerned will apply in respect of A.I.S. Officers serving in connection with affairs of the State under rule 2(b) of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960. If the State Government has not prescribed the rates of fees etc. for Class I officers of the State, they may by issue of suitable orders, adopt the rates of fees etc. prescribed for Central Services in respect of All India Services Officers serving in connection with the affairs of the State.
[G.I. MHA letter No. 7/8/63-AIS (III), dated 3rd October, 1963.]
7. A member of the family of the MOS is entitled to medical attendance if he/she falls ill in a State which is not the State of allotment of the member of Service:-
The Govt. of India have held that a member of family of the member of the Service is entitled to medical attendance and treatment in the State in which he or she falls ill though the State may not be the State of allotment of the member of the Service. The facility will be subject to the provisions of the M.A. Rules. Such cases could be covered straight away by the proviso to rule 2(d) read with rule 7(1) (a) or rule 4 and 7(1) (a) of these rules and no special sanction of the State Government to cover such cases under rule 14 or otherwise would be necessary.
[G.I. MHA letter No. 7/26/62-AIS(III), dated the 10th January, 1963.]
8. All Police Hospitals and Dispensaries are recognised for the purpose of medical attendance and treatment of Indian Police Service officers and members of their families: -
The Government of India have decided that, for the purpose of these rules:
(i) all Police Hospitals and Dispensaries may be deemed as recognised for the purpose of medical attendance and treatment of Indian Police Service officers, and members of their families; and
(ii) the medical officers in charge of Police Hospitals/Dispensaries shall be regarded as the authorised medical attendants of Indian Police Service officers, so long as they receive treatment in these Hospitals/ Dispensaries.
2. As far as possible, Indian Police Service officers should avail themselves of the facilities provided at the Police Hospitals/Dispensaries. If, in any particular case, any facility which is not available in a Police Hospital/Dispensary, is essentially required the same may be had at the nearest Government recognised hospital on the advice of the appropriate authorised medical attendant under the provisions of these Rules. In such cases, the medical officer in charge of the Police Hospital/Dispensary should certify that the necessary facilities required for the treatment are not available in the Police Hospital/Dispensary.
[G.I. MHA letter No. 6/3/58-AIS (III), dated 22-11-1958.]
9. It is not mandatory for IPS officers and their members of the family to receive medical treatment only from police hospitals/dispensaries, they can avail treatment from Authorised Medical Attendants under these rules:-
The Government of India’s decision (8) above enables Indian Police Service officers to receive, as far as possible, treatment from Police Hospitals/Dispensaries, as that is considered more convenient for them. It is not to be interpreted as meaning that Indian Police Service officers must necessarily consult police medical officers in the first instance and receive treatment, only in Police Hospital/Dispensaries. They are entitled to receive treatment, if they so desire, from the authorised medical attendants under this rule without first consulting the police medical officers. The certificate referred to in the concluding sentence of the said decision is necessary in a case where the patient has started receiving medical attendance/treatment from the Medical Officer of the Police Hospital/Dispensary or at the Police Hospital/Dispensary and needs further facilities which are not available there and have to be obtained elsewhere.
[G.I. MHA letter No. 6/6/59-AIS(III), dated 02-11-1959.]
10. State Govts may declare any hospital other than a Railway Hospital as a recognised hospital for the purpose of treatment: -
The Government of India have decided that, under this rule, it is for the State Government to declare any hospital other than a Railway Hospital as a recognised hospital for the treatment of members of the Service serving in connection with the affairs of State.
[G.I. MHA letter No. 7/6/60-AIS (III), dated 04-04-1960]
11. State Govts are competent to recognise Unani or Ayurvedic Hospitals for the purpose of treatment:-
Under clause (e), the State Governments are competent to recognise Unani or Ayurvedic Hospitals for the purpose of treatment of All India Services officers serving in connection with the affairs of the State.
[G.I. MHA letter No. 7/11/62-AIS(III), dated 15-12-1962.]
12. Fee for consulting in consulting room and the cost of medicine is reimbursable:-
Under rules 2(f), 3 and 2(k) (iv), medical attendance includes medical attendance in the consulting room maintained by the authorised medical attendant. Any fee for consultation in consulting room and the cost of medicines prescribed in consulting room will be reimbursable.
[G.I. MHA letter No. 7/3/63-AIS(III), dated 11-04-1963.]
13. A member of Service appointed to Public Service Commission is not covered under this rule:-
Members of the Service, on appointment to Public Service Commissions, shall be governed in all respects by the rules regulating the conditions of service of Members of Public Service Commissions framed by the President/Governors. Such regulations may, however, be amended to include any facilities that may be available to the members of the All India Service.
[G.I. MHA letter No. 6/11/58-AIS (III), dated 06-10-1958.]
14. The word “Patient” under the rule includes a member of the family of the member of Service:-
Under rule 2(i) read with rule 4, the word ‘patient’ includes a member of the family of the member of the Service, for the purposes of benefits admissible under the A.I.S. (Medical Attendance) Rules, 1954, except when treatment is taken in a non-government hospital or by a non-government specialist.
[G.I. MHA letter No. 7/3/64-AIS (III), dated 28-01-1964, G.I. MHA letter No.6/11/58-AIS (III), dated 06-10-1958 and 6/1/59-AIS (III), dated 02-01-1960.]
15. Dental treatment is not permissible unless it indicates that teeth are the real source of disturbance:-
Under rule 2(k) (ii), dental treatment, even when it is obtained at a Government hospital under the advice of the authorised medical attendant, is not permissible unless the diagnosis of the physiological or other disability from which a member of the Service is suffering indicates that teeth are the real source of disturbance. It does not include sealing of teeth or free supply of artificial dentures, or treatment from Private Dentist, or outside the hospital even on the advice of the authorised medical attendant.
[G.I. MHA letter No. 7/2/64-AIS(III), dated 10-02-1964, [G.I. MHA letter No. 7/13/64-AIS (III), dated 20-01-1964.]
16. Reimbursement of the cost of medicine prescribed by AMA is permitted if a certificate is given by him under the rule:-
A member of the Service is entitled to reimbursement of cost of the medicine prescribed by the Authorised Medical Attendant if a certificate is given by him as required under rule 2(k)(iv).
[G.I. MHA letter No. 7/16/62-AIS (III), dated 20-01-1964.]
17. Reimbursement of electricity and furniture charges is allowed:-
Electricity and furniture are regarded as part of accommodation referred to in clause (k) (iv). Members of the Service may, therefore, be allowed reimbursement of electric and furniture charges, if they are otherwise entitled to reimbursement of charges on account of accommodation.
[G.I. MHA letter No. 32/10/60-AIS (III), dated 24-09-1960 File No. 7/24/60-AIS(III).]
18. Member of Service is entitled to accommodation as per hi status: -
Under rule 2(k) (v), the All India Services officers are, as a part of their treatment, entitled to such accommodation as is ordinarily provided in the hospital to which the patient, is admitted and is suited his status. If the Authorised Medical Attendant is satisfied that any particular hospital does not provide suitable accommodation he can refer the case to some other hospital having suitable accommodation under rule 7(c).
[G.I. MHA letter No. 7/7/61-AIS (III), dated 26-04-1961.]
19. Reimbursement of charges to private nurses/nurses provided by the hospital is allowed:-
The term ‘special nursing’ referred to in clause (k)(vii) relates both to private nurses and the nurses provided by the hospital for this purpose; and reimbursement of charges on this account is to be allowed as laid down in the proviso to rule 7(2) whether the treatment is taken at the hospital or at the residence, if the claim is supported by a certificate of the authorised medical attendant as provided under clause (k)(vii).
[G.I. MHA letter No. 7/2/60-AIS(III), dated 07-04-1961.]
20. AIS officers belonging to one State falling ill in another State should be treated at par with the officers of that State:-
The State Governments have been requested to issue instruction to the Hospitals etc., under their control, that in the case of an All India Services officer belonging to one State, falling ill in another State, he should be treated at par with the officers serving in connection with the affairs of the latter State in the matter of charging fees, etc.
[G.I. MHA letter No. 7/4/65-AIS (III), dated 08-07-1965.]
21. Sons and married daughters, who are employed otherwise than on a part time basis shall not be treated as wholly dependent on the member of Service:-
A question has been raised whether children, who are gainfully employed but are otherwise dependent on the parents, can be deemed to be wholly dependent on the All India Service Officers.
2. It has been decided that, for the purpose of reimbursement under the AIS (Medical Attendance) Rules, 1954, sons and married daughters, who are employed otherwise than on a part time basis shall not be treated as wholly dependent on the members of the All India Service.
(G.I. MHA letter No. 8/15/69-AIS(III) dated 26.12.1969)
22. Annexure I
(letter No. 8/8/66-AIS (III), dated 14-07-1966 placed at Sl.No.9 under the Heading Miscellaneous Executive Instructions).
23. Inadmissible medicines specified in the Central Services Medical Attendance Rules are also applicable to AIS officers: -
The list of inadmissible medicines specified in Schedule I and II of the Central Services (Medical Attendance) Rules are also applicable to members of the All India Services under rule 2(k) (iii) of the A.I.S. (Medical Attendance) Rules, 1954.
2. Ministry of Health have now clarified that the list of items of allopathic medicines specified in schedule I and II may be treated as illustrative only indicating ineligible medicines/preparation or expensive drugs. The Authorised Medical Attendant may take a decision whether a particular new medicine or preparation falls under any of the broad categories specified in schedule I or schedule II and shall so certify whereupon the cost of such medicines may be reimbursed. A copy of the Ministry of Health and Family Welfare O.M. No. S 14025/67/84-MS dated 24.10.1986 is enclosed for ready reference.
[MH & FW No. 14025/67/84-MS dated 24-10-1986.]
24. AMA may take a decision regarding admissibility/inadmissibility of the medicines specified in the Central Service Medical Attendance Rules:-
The undersigned is directed to invite attention to Rule 2(h) (iii) of the CS(MA) Rules, 1944 whereunder the guidelines regarding prescription and reimbursement of essential medicines for the recovery of prevention of serious deterioration in the condition of a Government servant or his family member have been laid down. This matter has been further considered and it has now been decided that the list of items of allopathic medicines specified in Schedule I and Schedule II of the Rules may be treated as illustrative only indicating ineligible medicines/preparations or expensive drugs. The Authorised Medical Attendant may take a decision whether a particular new Medicine or preparation falls under any of the broad categories specified in Schedule I or Schedule II and shall so certify whereupon the cost of such medicines may be reimbursed. No references as to the admissibility or otherwise of medicines will be entertained by the Ministry of Health.
2. All Ministries/Departments are requested to bring the contents of this O.M. to the notice of the concerned, particularly of the Authorised Medical Attendants appointed by them.
(Deptt. of Pers. & Trg. Circular No. 11023/6/87-AIS (III) dated 08-03-1988.)
25. Instructions on: (i) Definition of family, (ii) If both the husband or wife are employed, one in AIS and the other in different Service, they are free to choose medical attendance under the AIS(MA) Rules or the facilities provided by the other Service ((iii) if husband and wife both are AIS officers, prior declaration may be given as to who will prefer the claim of reimbursement:-
The following instructions may be observed for the purpose of deciding cases of reimbursement of medical expenses due to the revised definition of the term ‘family’:
(a) (1) The term ‘family’ does not include any other dependent relations such as brother, sister, widowed sister, etc.
(2) The term ‘children’ will include children adopted legally.
(3) The term ‘wife’ includes more than one wife.
(b) The husband or wife of the Government servant, as the case may be, if employed in a Service other than the All India Service which provides medical facilities of its own would be entitled to choose the medical facilities either of the All India Services (Medical Attendance) Rules, 1954, or of the Service of which he/she is employed.
(c) In a case where both husband and wife are All India Service Officers they as well as the eligible dependents may be allowed to avail of the medical concessions according to his/her status under the All India Service (Medical Attendance), Rules, 1954. For this purpose, they should furnish to their respective administrative authorities a joint declaration as to who will prefer the claim for reimbursement of medical expenses incurred for the medical attendance and treatment in respect of wife/husband and the children. The above declaration shall be submitted in duplicate and a copy of each shall be recorded in the personal file of each of them in their respective offices. A copy of such joint declaration should also be forwarded to the Accountant General concerned. This declaration shall remain in force till such time as it is revised on the express request in writing by both the husband and the wife.
In the absence of such a joint declaration, the medical concessions shall be availed of by the wife and the children according to the status of the husband.
[G.I. M HA letter No. 7/20/60-AIS (III), dated 07-12-1961]