New Mangalore Port Trust Employees (Medical Attendance) Regulations 1997
MINISTRY OF SURFACE TRANSPORT
New Delhi, the 19th March, 1997
G.S.R.161(E) – In exercise of the powers conferred by sub-section(1) of Section 124, read with sub-section (1) of Section 132 of the Major Ports Trust Act 1963 (38 of 1963), the Central Government hereby approves the New Manager Port Trust Employees’ (Medical Attendance) Regulations 1997 made by the Board of Trustees for the Port of New Manager and set out in the Schedule annexed to this notification.
2. The said regulations shall come into force on the date of publication of this notification in the Official Gazette.
NEW MANGALORE PORT TRUST EMPLOYEES’ (MEDICAL ATTENDACE) REGULATIONS 1997
In exercise of the powers conferred under Section 28 of the Major Ports Trust Act, 1963 (38 of 1963) the New Mangalore Port Trust Board hereby makes the following regulations.
1. Short Title
(i) These regulations may be called the New Mangalore Port Trust Employees’ (Medical Attendance) Regulations, 1997.
(ii) They shall come into effect from the date on which the approval of the Central Government is published in the Official Gazette.
These Regulations shall apply to :
(i) All the employees borne on the Schedule of Employees of the Board including those employees on terminal leave and on leave preparatory to
retirement and re-employed employees.
(ii) A probationer.
(iii) Apprentice who are in the whole time service of the Port Trust Board.
(iv) All employees on deputation to the Port Trust Board from the State/Central Governments. Other Port Trusts and Public Sector Undertakings subject to the provisions of their terms of deputation.
(v) Central Industrial Security Force Personnel.
(vi) Listed Cargo Handling workers under the direct administrative control of the New Mangalore Port Trust.
(vii) The members of family of the employees of the Board listed at Clause(vii) as defined in Regulation 3.
(viii) In the case of retired employees of Port Trust Board medical facilities from the Port Trust Board will be made available in accordance with the New Mangalore Port Trust employees(Contributory Outdoor and Indoor Medical Benefits Retirement) Regulations, 1991 as amended from time to time.
In these regulations unless the context otherwise requires:-
(i) ‘Act’ means the Major Port Trust Act 1963
(ii) ‘Approved Hospital’ means the Hospitals listed in Appendix – II of these Regulations and any other Hospitals and Nursing Homes as may be prescribed by the Board from time to time for inclusion in this Appendix.
(iii) ‘Board’ means the Board of Trustee of the Port of New Mangalore as constituted under the Major Ports Trust Act 1963 as amended from time to time.
(iv) ‘Chairman’, ‘Deputy Chairman’ and ‘Heads of Department’ shall have the meaning assigned to them respectively in the Major Port Trust Act 1963.
(v) ‘Chief Medical Officer’ means the Chief medical Officer of the Port Trust Board and Head of the Medical Department.
(vi) ‘Employee’ means temporary or permanent employee of the Port Trust Board [also see sub-Regulations (I) to (iv) of Regulations 2 of these Regulations].
(vii) ‘Family’ means the wife or husband as the case may be, parents or parents-in-law as per option in the case of female employees, unmarried sisters, widowed sisters, widowed daughters, minor brothers and legitimate children including adopted children of an employee wholly dependent on the employee (dependency not applicable for wife or husband) and will include unemployed daughter.
1. The members of the family are treated as dependent only if their income from all sources including pension and pension equivalent of gratuity does not exceed Rs.500/- p.m.
2. Where both the husband and wife are Port Trust employees they as well as eligible dependents may be allowed to avail of the medical concessions according to the status of either of these. For this purpose they should furnish to the respective Heads of Departments a joint declaration as to who will prefer the claim for reimbursement of medical expenses incurred on the medical attendance and treatment in respect of wife/husband and the members of the family. The above declaration should be submitted in duplicate and a copy of each shall be recorded in the personal file of each of them in their Service Record in the respective department. This declaration shall remain in force till such time as it is revised on the express request in writing by both the husband and wife e.g. in the event of promotion, transfer, resignation etc. of either of the two. In the absence of such a joint declaration, the medical concession shall be availed of by the wife and other members of the family according to the status of husband.
3. The husband or wife of the employee as the case may be who is employed In a State Govt./Central Government/Public Sector Undertaking/another Port Trust/Private Organisation which provide medical services would be entitled to choose either the facilities available under these Regulations or those provided by the Organisation in which he/she is employed. The
procedure for making the choice or revision will be the same as at Note 2 above.
4. Every employee shall obtain from the head of his/her department the personal medical identity card and the family medical identity card issued by the Trusts’ Chief Medical Officer’ duly furnishing the particulars of his/her family members. The identity card should contain the photographs of all the members of the family Included in the family identity card. Failure to produce the personal medical identity card at the time of reporting for treatment will make the employee/members of his/her family concerned ineligible for treatment in the Trust’s Hospital/ dispensaries under these Regulations.
NOTE: Extension of benefits to Parents-in-laws of female Port Trust employees i.e. choice to include either Parents or Parents-in-law when married to a Port Trust Employee/non-Port trust employee.
(viii) “Financial Adviser and Chief Account Officer’ means the Financial Adviser and Chief Account Officer of the Port Trust Board and head of the Finance Department.
(ix) ‘Medical Officer’ means the doctor in employment in the Medical Department of the New Mangalore Port Trust Board including Medical Officer. Resident-cum-Senior Medical Officer. Chief Medical Officer and Specialists appointed by the Port Trust Board on part time basis as well as Medical Officers in charge of the Patients at the approved hospitals/State Government hospital.
(x) ‘Medical Attendance’ means attendance in hospital (Port Trust Hospital approved hospitals or State Government Hospitals) or at the residence of the employees including such Pathological, Bacteriological, Radiological, Cardiological or other methods of examination for the purpose of diagnosis and such consultation with a specialist as may be considered necessary by the Medical Officer.
(xi) ‘Patient’ means the employee of the Port Trust Board, any of his/her eligible family members and any of those covered under Regulation 2 who has fallen ill and undergoing treatment/medical attendance in the Trust’s Hospital/approved hospital.
(xii) ‘Private Doctor’ and Private Hospital’ means a registered medical practitioner/hospital other than the Board’s doctor/hospital/approved hospitals as per Sub-Regulation (ii) above.
(xiii) “Sanctioning authority” means the sanctioning authority for the purpose of reimbursement of hospital charges as prescribed in Appendix-I to these Regulations.
(xiv) ‘Trust’s Hospital’ means the New Mangalore Port Trust main hospital and
dispensaries attached to the main hospital functioning at different places.
(xv) ‘Treatment’ means the use of all medical and surgical facilities available in the Trust’s Hospital as well as in the other hospitals as approved by the Board from time to time and includes:
(a) the employment of such Pathological, Bacteriological, Radiological and other methods as are considered necessary by the Trust’s Medical Officer.
(b) the supply of such medicines, vaccines, serum and other Therapeutic substances as may be prescribed by the Trust’s Medical Officers as are not ordinarily available in the Trust’s Hospital and which are certified by the Medical Officer in writing to be essential for the recovery or for the prevention of serious deterioration in the condition of the patient except:
(i) Preparations which are not medicines but are primarily foods, tonics, toilet preparations or disinfectants as specified in Schedule I to the Central Government Medical Attendance Rules.
(ii) Expensive drugs, tonics, laxatives or other detergent and proprietary preparations as specified in schedule II to the Central Government Medical Attendance rules and in respect of which drugs of equal therapeutic value are available.
(iii) List of medicines and the items which can be prescribed in respect of Indian and Homeopathic systems of Medicines is detailed in an Appendix to Central Government Servants Medical attendance Rules.
(c) Such Nursing as considered necessary by the Medical Officers of the Port Trust Hospital.
(d) Supply of Artificial limbs, corrective artificial appliances as listed out in Central Services (Medical Attendance) Rules 1944 and their replacement as recommended by the Medical Officers of the Port Trust Hospital.
(e) Blood transfusion.
(f) Supply of denture and artificial eye and limb as recommended by the Medical Officers of the Port Trust Hospital.
(g) Such accommodation as is ordinarily provided in the Hospital and is suited to his status. In the case of approved Hospitals the status as applicable in the case of Kasturba Medical College Hospital, Manipal will be the criteria for regulating the reimbursement. Where the rates for accommodation include provision diet, the rate shall be reduced by 20%.
NOTE: In the event of accommodation suited to the status of the employee concerned being not available accommodation of a higher class may be allotted provided it can be Certified by the Medical Superintendent of the Hospital.
(i) that accommodation of appropriate class was not available at the time of admission of the patient and
(iii) that the admission of the patient into the hospital could not be delayed without danger of his/her health until accommodation of the appropriate class become available.
(h) such specialist consultation as described in Sub-Regulation (x) of this regulation but does not include diet or provision at the request of the employee of accommodation superior to that described in Sub-Regulations (h) above.
(i) A patient shall be entitled free of charge to medical attendance by the Medical Officer.
(ii) Where a Patient entitled under sub-regulation (I) free of charge to receive medical attendance any amount paid by him/her on account of such medical attendance shall on production of a certificate in writing by the Medical Officer be reimbursed to him by the Port Trust Board.
(iii) Medical attendance is distinct from Medical treatment and there should be no need for repeated consultations. A maximum offer consultations in a period of ten days of treatment at the consulting room of the Medical Officer or residence of the patient (other than the Medical Officer of the Port Trust Hospital, where consultation is free of charge) in the case of Allopathic System and 20 days in the case of Indian system of Medicine and Homeopathy is permissible. In cases where the total period of treatment required is not more than 10 days/ 20 days and no hospitalisation is require more than four such cases should be referred to the Outpatient department of the Hospital. Beyond this, the patient should be referred for treatment as inpatient in the Port Trust Hospital or one of the approved Hospitals. The rates for the first and subsequent consultations as well as injections other than in the Port Trust Hospital will be reimbursed to the extent periodically determined by the Central Government for its own employees.
5. Travelling Allowance for Medical Attendance Journeys.
(j) When the place at which a patient falls ill is more than eight Kilometers by the
shortest route from the Consulting room of the Medical Officer.
(a) the patient shall be entitled to travelling allowance for the journey to and from such consulting room.
(b) if the patient is too ill to travel, the Medical Officer shall be entitled to Travelling Allowance for the journey to and from the place where the patient is ill.
(ii) Claims as per sub-regulation (I) above shall be accompanied by a Certificate in writing by the Medical Officer stating that medical attendance was necessary and if the application is under Clause (b) of this sub-regulation, that, the patient was too ill to travel.
(iii) The admissibility of Travelling Allowance in these cases will be as follows:
(a) For the employees as per actuals limited to mileage allowance at tour rates (without daily allowance) and to members of family actual conveyance charges limited to half the mileage allowance at tour rates (without daily allowance).
(b) Reimbursement of Ambulance charges will be regulated as per regulations framed fort he hire of the ambulance in the case of Port Trust ambulance. In case, ambulances other than the Port Trust Ambulance is used the reimbursement is subject to the conditions that:
(1) It is certified that the Medical Officer of the Port Trust Hospital that the Ambulance of the Port Trust is not available.
(2) It is certified by the Medical Officer in writing that conveyance of the patient by another means of conveyance would definitely endanger the life of the patient or grossly aggravate the condition of his/her health.
(3) The Medical Officer should also indicate in his Certificates whether the ambulance was used to convey the patient to a place of treatment or from one Hospital to another for purpose of certain medical examination.
(4) An attendant/escort will be entitled to Travelling Allowance at the rates admissible under these orders provided it is certified by the Medical Officer that it is unsafe for the patient to travel unattended and that an attendant/escort is necessary to accompany him/her to the place of treatment.
6. A patient shall be entitled free of charge to treatment/ attendance in the Port Trust Hospital/ dispensaries.
7. Medical Treatment
(i) A patient shall be entitled to free inpatient/treatment in the Port Trust Hospital.
(ii) Where the Medical Officer refers the patient for treatment in an approved Hospital or State Government Hospital either due to absence of facilites in the Port Trust Hospital ort the residence of the patient/place where the patient had fallen ill is beyond eight kilometers from the Port Trust Hospital, this should be with the specific permission of the Chief Medical Officer in this regard. Where such permission could not be obtained to prior to commencement of the treatment this should be obtained immediately after such admission stating the reasons thereof.
(iii) In cases referred to sub-regulations (I) and (ii) above any amount paid by the employee on account of such treatment shall, on production of a certificate in writing by the Medical Officer in this regard be reimbursed by the Board. The scale of rates of Kasturba Medical College Hospital, Manipal or of Government Hospital (whichever is higher) for various services including accommodation covered under Sub-regulation (xv) of regulation 3 will be the ceiling limit for such reimbursement.
8. Treatment at Residence
(i) If the Medical Officer is of opinion that owing to absence or remoteness of a suitable Hospital or to the severity of the illness the patient cannot be given treatment as provided for in Regulation 8 above, the patient may receive treatment at his/her residence.
(ii) A patient receiving treatment at his/her residence under sub-regulation (I) above shall be entitled to receive towards the cot of such treatment incurred by him/her a sum equivalent of the cost of such treatment as he/she would have been entitled free of charge to receive under these regulations if he/she had not been treated at his/her residence.
(iii) Claim as at sub-regulation (ii) above shall be accompanied by a Certifivate from the Chief Medical Officer stating:
(a) reasons for his opinion as at (I) above,
(b) Cost of similar treatment as referred to in sub-regulation (ii) above.
9. Other Medical Facilities
Reimbursement is admissible for the following kinds of treatment as per these regulations:
(i) “Venereal Diseases” and “Delirium tremens”.
(ii) Treatment for Sterilisation as a measure of family limitation.
(iii) Medical treatment of pregnancy if performed by Hospitals/Institutions approved by the Central Government.
(iv) Dental Treatment such as extraction, scaling and gum treatment, filing of teeth, root canal treatment anT.d dental treatment of major kind such as treatment of jaw bone disease, wholesome removal of teeth if the real source of disturbance for the employee suffering from physiological or other disability is on account of teeth.
(v) Anti-rabi treatment.
(vi) Correction of squint (eye).
(vii) Purchase / replacement / repair / adjustment of hearing aid on the recommendation of the E.N.T. Specialist and payment will be made direct to the supplying agency subject to ceilings prescribed from time to time by the Central Government for their own employees.
(viii) The wife of an employee is entitled to receive medical attendance and treatment for confinement in the Port Trust Hospital/approved hospital/ State Government hospital. This will include expenses connected with prenatal as well as post natal treatment. The confinement charges at residence will be reimbursed, if the delivery is conducted by the staff of Child Welfare and Maternity Centres maintained by Govt. or local bodies at the scheduled rates of such centres.
(ix) Reimbursement of expenses incurred by the patient for treatment under Indian and Homeopathic systems of medicine will be admissible as prescribed by the Central Govt. for their own employees.
10. Procedure for Sanctioning claims for Reimbursement of Hospital charges:
(i) Claims for reimbursement of hospital charges covered under these
regulations shall be submitted by the employee in the prescribed form (at
present the form of application and the essentiality certificate as prescribed for the Central Govt. Servants is prescribed for the Port Trust employees also) to the head of the department within 90 days from the date of completion of treatment. In case the treatment is prolonged and continued, claims may be submitted in stages for a period of not less than 30 days.
(ii) Delay in submission of claim beyond the prescribed time limit may be condoned by the respective head of the department on merits of each case.
(iii) The following vouchers and certificates from the hospitals in which the patient has undergone treatment should be submitted by the employee concerned along with the claims in the prescribed form.
(a) Hospital Bill with full name of the patient and if a family member name and full particulars of the employee concerned. The details of the various charges should also be given.
(b) receipt for payment made if the bill itself is not a receipt.
(c) Admission and discharge certificate.
(d) Cash memos for purchase of medicines (need not be stamped or bear the supplier’s acknowledgement) shall be countersigned by the Medical Officer of the hospital incharge of the patient.
(e) For reference to an approved hospital the certificate of the Medical Officer of the Port Trust Hospital who referred patient to the hospital.
(iv) The claims of the employees shall be scrutinised by the respective Heads of Departments and the sanction of the Chairman obtained wherever necessary and the claim forwarded after counter-signature to the Financial and Chilef Accounts Officers for payment. In the case of reimbursement of the claim other than attendance/treatment in the Port Trust/approved/State Govt. Hospitals and requiring the certificate of the Chief Medical Officer and/or sanction of the Chairman, the claim shall be scrutinised by the Chairman in relaxation of these Regulations.
(v) A sub-register shall be maintained in each Department to continuously detail the claim reimbursed in a chronological order to enable periodical review to prevent abuse of medical reimbursement facilities.
(vi) A patient treated under allopathic system may purchase medicines from all Chemists and Druggists licenced under the drugs and Cosmetics Act and rules thereunder. In the case of Patient treated under ayurvedic, Unani, Siddha and Homeopathic system, the medicines shall be purchased only from authorised dealers as per list indicated in Cental Services (Medical Attendance) Rules 1944.
11. Procedure for payment to Approved Hospitals
In all cases where the employees are referred for treatment in the Hospitals approved by the Board under Regulation 3 (ii) the payment for the charges payable by the employees will be directly made to those Hospitals by the Port Trust. I on submission of the final claim it is found that the payment is in excess of the amount admissible, the excess will be recovered from the pay drawn by the employee immediately thereafter in, monthly installments not exceeding four. The Chairman may increase the number of installments examining the cases on their merits.
If any question arises as to the interpretation of these Regulations, the same shall be decided by the Board.
13. Power to Relax
The Power to relax any of the provisions of these regulations shall rest with the Board.
14. Repeal and Saving
On the commencement of these regulations, every rule, regulation, resolution or order in force immediately before such commencement, shall, in so far as it provides for any of the matters contained in these regulations cease to operate.
SANCTIONING AUTHORITY FOR THE PURPOSE OF REIMBURSEMENT OF HOSPITAL CHARGES (Vide Regulation 3)
1. Claim relating to reimbursement of Hospital charges in respect of Heads of Department.
2. Relaxation as per Regulations 10(iii)
3. Class I to IV employee excluding Head of Heads of Departments.
Heads of Departments.
APPENDIX – II
[Vide Regulation 3(ii)]
1. Father Mullers Hospital, Kankanady, Mangalore (Item No.8 of Meeting No.3) of 1983-84).
2. Kasturba Medical College Hospital, Manipal at uniform Concessional rate of 10% less than the nominal hospital charges (item 15 of Meeting 9 of 1986-87).
3. Dr. Tones Mdhava Anantha Pai Rotary Hospital, Bejai, Mangalore (Item 19 of Meeting No.6 of 1989-90).
4. Unity Health Complex, Kankanadi, Mangalore at 30% concessional rates less than the normal hospital charges (item No.21 of Meeting No.6 of 1989-90).
5. St. Martha’s Hospital, Bangalore for the treatment of employees of New Mangalore Port Trust at Trade Promotion
Centre, Bangalore. An amount of Rs.5000/- has been deposited with the Hospital as security deposit by the New
Mangalore Port Trust (Item No.10 of 3rd Board Meeting of 1990-91).
6. Extention/Branches of Kasturba Medical College Hospital, Manipal Group in Dakshina Kannada District.
7. Athena Hospital, Mangalore (Approved in Board Meeting No.9 of 1998-99 and amended vide notification No. GSR
8. City Hospital Research and Diagnostic Centre, Mangalore (Approved in Board Meeting No.9 of 1998-99 and
amended vide notification No.GSR 437 (E) dtd:16.6.1999).
REFERENCES AND NOTES
Sub Regulation (I) and (iv) adopted from Madras Port Trust Regulation.
-do- (ii) (iii) adopted from C.S.M.A. Rules.
-do- (v) (vi) and (viii) as applicable in Madras Port Trust and N.M.P.T.
-do- (vii) and (xv) form Mormugoa.
Sub Regulation (I), (ii), (iii), (iv), (v), (vi), (vii), (ix), (xiii), (xv) adopted from Madras Port Trust.
-do- (vii) and (xv) from Madras Port Trust and
Principal Regulation Published in GSR No.161 (E) in the Extra-Ordinary Gazettee dated 19.3.1997 with further amendment in
i) GSR No.437(E) dated 16.6.1999.
Sub Regulation (x) and (xii) from Mormugoa.
From Mormugoa and C.S.M.A. Rules.
Sub Regulation (I) to (iii) C.S.M.A. Rules
-do- (iv) – item 7 of Board Meeting of 1992-93 (30-1-1993)
Adopted from Madras, Murmogoa.
REGULATION 7, 8, 9, 10, 11
Adopted from C.S.M.A.
REGULATION 12 and 13.
Adopted from Mormogoa, J.N.P.T., Calcutta.
Adopted form Calcutta.
(i) The Regulations have been framed taking into account the existing Procedures in the N.M.P.T. and based on C.S.M.A. Rules suitably modified to suit Port Trust conditions drawing on the regulations of other Port Trusts.
(ii) K.M.C. Hospital, Manipal is recognised by the Central Government with which arrangements have been made by the Government for the treatment of Central Government servants under Rules 2(d) of .S.M.A. Rules and as such full reimbursement has been allowed. (The Hospital also allows 10% concession rates). The Madras Port Trust allows the same terms for the hospitals approved by the Board for the Port Trust employees. In case of Hospitals approved for treatment by the Port Trust Board as detailed in Appendix II to these Regulations their status is the same as K.M.C. Hospital, Manipal in respect of Central Government employees and the approved Hospitals of Madras Port Trust. As such full reimbursement of Hospital charges are proposed subject to the upper limit of K.M.C. rates already approved by the Govt.
(iii) In the case of Retired employees and hire for use of Ambulance charges the separate regulations are retained.
(iv) List of admissible medicines on Allopathic system and admissible medicines for Indian system and homeopathy are adopted from C.S.M.A. Rules.
(v) Form of application and essentiality Certificate adopted from C.S.M.A. Rules.
(vi) Provision for direct payment to Hospitals as available in C.S.M.A. Rules for reference to Private Hospitals adopted for the Private Hospitals approved for treatment