Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA LEGISLATURE (PRESIDING AND DEPUTY PRESIDING OFFICERS, LEADERS OF THE OPPOSITION AND THE GOVERNMENT CHIEF WHIPS) MEDICAL ATTENDANCE RULES, 1959 CONTENTS 1. Short title and application 2. Definitions 3. Medical Attendance by Authorised Medical Attendant 4. Essentiality Certificates 5 . Medical attendance and Treatment of Families of 3[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] 6. Travelling Allowances 7 . Medical Attendance by person other than Authorised Medical Attendant 7A. Reimbursement of expenses incurred at any place other than in a Government Hospital or dispensary 8. Treatment at Residence 8A. Treatment outside the State 9. Charges for services other than Medical Attendance to be paid 10. Relaxation of provisions KARNATAKA LEGISLATURE (PRESIDING AND DEPUTY PRESIDING OFFICERS, LEADERS OF THE OPPOSITION AND THE GOVERNMENT CHIEF WHIPS) MEDICAL ATTENDANCE RULES, 1959 In exercise of the powers conferred by Section 15 of the Karnataka Legislature Salaries Act, 1956 (Karnataka Act 2 of 1957), the Government of Karnataka hereby makes the following rules. 1. Short title and application :- (1) These rules may be called the Karnataka Legislature 1 [Presiding and Deputy Presiding Officers, Leaders of the Opposition and the Government Chief Whips] Medical Attendance Rules, 1959. (2) They shall be deemed to have come into force on the First day of November, 1956. 1. Substituted for the brackets and words "(Presiding Officers)" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 2. Definitions :- In these rules unless the context otherwise requires. 1[(a) "Speaker" x x x x x;] (b) "Authorised Medical Attendant" means the Superintendent, Bowring Hospital, Bangalore, unless by general or special order Government designates any other Medical Officer as the authorised medical attendant. (c) "Government" means the State Government; (d) "Medical Attendance" means attendance in a Government Hospital or at the residence of Speaker or the Chairman 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 avail (ii) such consultation with any other medical officer or specialist in the service of the Government 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; (e) "State" means the State of Mysore; (f) "Nurse" means a qualified nurse holding a certificate or a diploma recognised by the Director of Medical Services in Mysore"; (g) "Patient" means 2[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] 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 pyorrhose and gingivitis of teeth is however not covered. (iii) the supply of such medicines, vaccines sera 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 of serious deterioration in the condition of the patient; (v) an independent room in the hospital ward of the hospital to which the patient is admitted and where no independent room (vi) the services of such nurses as are ordinarily employed by the hospital to which the patient is 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 or accommodation superior to that described in sub-clause (v). 3 [Explanation. In the case of hospitals, where the Tariff is inclusive of diet charges, twenty-five per cent of such Tariff shall be reckoned as charges for diet.] 1. Clause (a) omitted by Notification No. LAW 75 LGR 58, dated 17- 12-1959 and shall always be deemed to have been omitted 2. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 3. Explanation inserted by Notification No. LAW 46 LGR 60, dated 25-10-1960 3. Medical Attendance by Authorised Medical Attendant :- (1) The 1[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] shall be entitled free of charge to medical attendance by the authorised medical attendant. (2) Where 2[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] is entitled under sub-rule (1), free of charge, to medical attendance, any amount paid by him on account of such medical attendance shall, 3[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 4[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] by the Government. The amount to be reimbursed shall be drawn by the 5 [Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] from the treasury on a 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". 1. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 2. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 3. Inserted by Notification No. LAW 46 LGR 60, dated 25-10-1960 4. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 5. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 4. Essentiality Certificates :- (1) Whenever special medicines are prescribed an essentiality certificate in Form "A" 1[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 substitute 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 in 2 [Appendix 'II'] shall not be prescribed. 1. Inserted by Notification No. LAW 46 LGR 60, dated 25-10-1960 2. Substituted for the word and letter "Appendix 'A' by Notification No. LAW 46 LGR 60, dated 25-10-1960 5. Medical attendance and Treatment of Families of 3[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] :- 1 (1) The members of the family of 2[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] shall be entitled free of charge to medical attendance and treatment on the scale and conditions allowed to t h e 3[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] 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: Provided that in serious cases where the authorised medical attendant considers removal of the member of the family to the hospital dangerous or injurious to life, medical attendance and treatment at the residence shall be allowed. (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 4[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips]. Explanation. A certificate by 5[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] 6[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] who is residing with and is dependent on the 7 [Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] shall be sufficient authority for receiving the benefits under these rules. 1. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 2. Substituted for (the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 3. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 4. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 5. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 6. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 7. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 6. Travelling Allowances :- (1) When the place at which 1[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] falls ill is not the headquarters of the authorised medical attendant. (a) the 2[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] shall be entitled to travelling allowance for the journey to and from such headquarters; or (b) if the 3[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] 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 the 4[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] shall not be entitled to travelling allowance for a 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 5 [Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] was too ill to travel. 1. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 2. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 3. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 4. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 5. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 7. Medical Attendance by person other than Authorised Medical Attendant :- (1) If the authorised Medical Attendant is of opinion that the case o f 1 [Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders (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 medical attendant in that behalf, be entitled to travelling allowance for the journey to and from the place where the patient is. 1. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 7A. Reimbursement of expenses incurred at any place other than in a Government Hospital or dispensary :- 1 In respect of expenses incurred by the Speaker, the Chairman the Deputy Speaker, the Deputy Chairman, the Leaders of Opposition or the Government Chief Whips for the medical attendance and treatment obtained by him in any place other than in a Hospital or Dispensary maintained by the Government or under Rules 8 or 8-A, he shall be entitled to reimbursement of the expenses incurred to the same extent as he is entitled under these rules for reimbursement of expense incurred by him for medical attendance and treatment obtained in such Hospital or Dispensary. The expense shall be inclusive of the charges for accommodation in the place where such treatment is taken.] 1. Rule 7-A inserted by GSR 63, dated 30-11-1982 and shall be and shall be deemed always to have been inserted 8. Treatment at Residence :- 1[ (1) The Speaker or the Chairman may at his option receive treatment either at his residence or at a Government Hospital.] (2) Where 2[Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or Government Chief Whips] is receiving treatment at his residence under sub-rule (1), he shall be entitled to receive towards the cost of the treatment incurred by him a sum equivalent to the cost of such treatment as he would have been entitled to receive, free of charge, under these rules if he had not been treated at his residence. 3 [(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)-] 1. Sub-rule (1) substituted by Notification No. LAW 133 LGR 60, dated 23-1-1961 and shall be deemed always to have been substituted 2. Substituted for the words "Speaker or Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 3. Sub-rule (3) substituted by Notification No. LAW 133 LGR 60, dated 23-1-1961 and shall be deemed always to have been substituted 8A. Treatment outside the State :- 1 (1) When 2[the Speaker, the Chairman, the Deputy Speaker, the Deputy Chairman, the Leaders of the Opposition or the Government Chief Whips], 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 shall if he so desires, be paid direct by Government. Such reimbursement or payment shall be subject to the conditions specified in sub-rules (2) and (3) of this rule. The claim shall be supported by receipts and vouchers in respect of each item of expenditure incurred by 3[the Speaker, the Chairman, the Deputy Speaker, the Deputy Chairman, the Leaders of the Opposition or the Government Chief Whips]. (2) The medical attendance and treatment secured shall be to the same extent and on the same scale as 4[ t h e Speaker, the Chairman, the Deputy Speaker, the Deputy Chairman, the Leaders of the Opposition or the Government Chief Whips] 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 Speaker or the chairman to attend on him during the illness shall discharge the functions of an authorised medical attendant under these rules. (3) If the seriousness of the illness or the nature of the illness of 5[the Speaker, the Chairman, the Deputy Speaker, the Deputy Chairman, the Leaders of the Opposition or the Government Chief Whips] 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. (4) 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. (5) The extent to which the medical expense incurred by the Speaker or the Chairman 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 Speaker or the chairman would have been entitled to free medical attendance if he had fallen ill within the State. ] 6 [(6) If the nature of the illness of the Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or the Government Chief Whips 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 Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leaders of the Opposition or the Government Chief Whips 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. Explanation. "Medical Expenses" for the purpose of this clause includes the travelling and incidental charges of the Speaker, Chairman, Deputy Speaker, Deputy Chairman, Leader of the Opposition or the Government Chief Whip and, where the Director of Health and Family Welfare certifies that the nature of illness is such that the patient requires the attendances of and attendant, the travelling and incidental charges of the attendant.] 1. Rule 8-A inserted by Notification No. LAW 133 LGR 60, dated 23- 1-1961 and shall be deemed always to have been inserted 2. Substituted for the words "the Speaker or the Chainnan" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 3. Substituted for the words "the Speaker or the Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 4. Substituted for the words "the Speaker or the Chairman" bv GSR 166, dated 11-6-1979 w.e.f. 11-0-1979 5. Substituted for the words "the Speaker or the Chairman" by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 6. Sub-rule (6) and the Explanation inserted by GSR 166, dated 11-6-1979, w.e.f. 11-6-1979 9. Charges for services other than Medical Attendance to be paid :- A n y 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 authoirsed medical attendant and paid by the patient. 10. Relaxation of provisions :- 1 Where the Government is satisfied that the operation of any of these rules causes undue hardships 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.] 1. Rule 10 inserted by GSR 63, dated 30-11-1982 and shall be and shall be deemed always to have been inserted