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Wednesday, February 13, 2008

G.O. Ms. No. 452 dated 4-7-95

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O. Ms. No. 452 dated 4-7-95

Read :

G.O. Ms. No. 327, Health, Dated 22-5-95

ORDER

In the Government order read above, Joint Directors, Deans and Heads of Medical Institutions have been delegated with powers to sanction special grade/selection grade to Assistant Surgeons, including Assistant Surgeon (Dental)

2. The Government have examined the desirability of extending similar powers to the Joint Directors in respect of other staff working under their control. They consider that such delegation of powers to district level Officers would improve the administrative efficiency.

3. The Government accordingly direct that Joint Director of Health, Services in the Districts be delegated with the following powers, in respect of staff working under their control.

1. Sanction of increments, Selection grade and Special grade to all the staff working in the districts.

2. Transfer of staff such as pharmacists, ministerial staff upto the office superintendents including hospital workers and nurses within the districts.

4. However transfers of staff outside the district would continue to be exercised by the Director of Medical and Rural Health Services.

(BY ORDER OF THE GOVERNOR)

Family welfare failures

DEPARTMENT OF FAMILY WELFARE

From State President,

Dr. R. ANGAMUTHU, M.S., (Ortho)., Dr. K. Parakasam

Director of Family Welfare, State President

DMS COMPLEX, Chennai - 600006. T.N. Doctor’s Association SALEM 30

------------------

Ref.No. 17762 / H3 2000, Dated 2-8-2000

Sir,

Sub : Family Welfare Programme - Sterilisation MTP and

Laparoasopy Surgeries Failures death etc.

Ref : Your Lr.No. Nil 2.8.2000.

With reference to • the representations received from TamllNadu Goverment Doctors Association regarding various legal issues related to the Family Planning surgeries like failures, death etc. while accepting the sentiments of the Association to assure that the interest of the doctors will be totally protected and the Government will also defend all the cases including legal implications.

Yours faithfully

DIRECTOR OF FAMILY WELFARE

PG Increment

In The High Court of Judicature at Madras.

(Special Orginal)

Advance Increments for P.G.

Date: 18-12-1987

Coram:

The Honore able Mr. Justice Nainar Sundram.

----

W.M.P.No. 18926 of 1987

in

W.M.No. 12866 of 1987

---

The State of Tamil Nadu Assistant Surgeon's Association, rep. by its secretary, Government Rajaji Hospital, Madurai - 2.

vs. Petitioners.

1. The State of Tamil Nadu rep. by Commissioner & Secretary, Health & Family Welfare Department, Fort St. George, Madras-9.

2. The Director of Medical Services & Family Welfare, D.M.S. Compound, Madras-6.

Respondents, and others.

For Petitioners : Mr. A.L. Somayaji

Petition praying that the High Court will be pleased to

Stay the operation of the impugned G.O. Ms. No. 2240, Health dated 25-11-1986 passed by the first respondent, pending disposal of the writ petition.

Petition on being called today and upon hearing counsel, the court has ordered as follows:

There will be an order of intern stay, reserving liberty for the respondents to most for vacating the same, of they so choose. Otherwise, post this petition along with the main writ edition. Notice.

And this court doth further order that this order, on being produced, be punctually observed and carried in to execution by all concerned. Issued under my hand and the seal of this court on 18-12-1987.

SPECIAL CASUAL LEAVE

Letter No. 21561A/B2/99-2.

Health and Family Welfare

Department,

Secretariat,

Chennai - 600 009.

Dated 28-9-1999

From

TmtK. Arumugathai, B.Sc.,

Deputy Secretary to Government.

To

The Director of Medical Education, Chennai -10.

The Director of Medical and Rulal Health Services, Chennai -10.

The Director of Public Health and Preventive Medicine, Chennai -10.

Sir,

Sub : Meeting - Tamil Nadu Government Doctors Association - Special Casual Leave to Officer bearers of the Tamil Nadu Government doctors association - regarding.

Ref: (i) G.O. Ms. 685. Personnel and Administration reforms (Perk) department dated 15-7-92.

(ii) from the state secretary, Tamil Nadu Government Doctors Association, letter dated 9-4-99 and 8-8-99.

****

I am directed to state that the office bearers of the Tamil Nadu Government Doctors association mentioned in the reference second matters relation to demand of time bound promotion with Hon'ble Minister (Health and electricity ) on 02.01.99, 10.01.99, 19.01.99, 20.01.99, 21.01.99, & 01.02.99 The state secretary has requested the Government to sanction them special casual leave on the above days.

2. in this connection, I am to invite your attention to the instructions issued on G.O. Ms. No. 685, Personnel and administrative reforms (perk) dated 15-7-92. wherein powers have already been delegated to the head of Department to sanction special casual leave to the office bearers of the recognized Service Associations, as the Tamil Nadu Government doctors association is a recognized association I am to request you to take action at your level to sanction special casual leave to the office bearers of the Tamil Nadu Government Doctors Association who have attended the meeting with the Hon'ble Minister (Health and Electricity) on the days specified in Para I above after following the guidelines prescribed in G.O. Ms. No. 1294. Personal and Administrative Reforms (per.K) dated 27-10-97.

(Copy enclosed).

GOVERNMENT OF TAMIL NADU

ABSTRACT

Tamil Nadu Medical Service – Delegation of Administrative powers to Joint Directors – Order Issued.

--------------------------------------------------------------------------------------------------------

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O. Ms. No. 452 dated 4-7-95

Read :

G.O. Ms. No. 327, Health, Dated 22-5-95

ORDER

In the Government order read above, Joint Directors, Deans and Heads of Medical Institutions have been delegated with powers to sanction special grade/selection grade to Assistant Surgeons, including Assistant Surgeon (Dental)

2. The Government have examined the desirability of extending similar powers to the Joint Directors in respect of other staff working under their control. They consider that such delegation of powers to district level Officers would improve the administrative efficiency.

3. The Government accordingly direct that Joint Director of Health, Services in the Districts be delegated with the following powers, in respect of staff working under their control.

1. Sanction of increments, Selection grade and Special grade to all the staff working in the districts.

2. Transfer of staff such as pharmacists, ministerial staff upto the office superintendents including hospital workers and nurses within the districts.

4. However transfers of staff outside the district would continue to be exercised by the Director of Medical and Rural Health Services.

(BY ORDER OF THE GOVERNOR)

SPECIAL CASUAL LEAVE

GOVERNMENT OF TAMIL NADU

Sub : Service Associations - Tamil Nadu Last Grade Govement Servants Association - special Casual leave Sanctioned to the normal - fixed -Orders passed.

Ref: 1. G.O.Ms. No. 1649. Public(Ser-1) Dt. 30.5.72

2. G.O.Ms, o. 1294 P& A.R. (Per-K) Dt. 27-10-77

3. GovtLr. No. 20431 IB/76 P& A.R.per-K-) Dt. 27-10-77

4. From the President. T.N.L.G.G.S. Association Lr. Dt. 13.2.79.

Order:

The seven days of special casual leave already sanctioned in the G.O First read above to the tive office bearer the Tamil Nadu Last Grade Government Servants Association to attend the organizational affairs of the laid down in the G.O. second read above and the five of its office.-Bearers are there fore eligible for fifteen days of special casual leave in a calender year as per norms prescribed in the G.O. Second read above.

2. In supersession of the orders first read above, Government direct that fifteen days of special casual Leave, in a calendar year be sanctioned to the following five office - bearers of the Tamil Nadu Last Grade Government Servant's Association to attend to the organizational affairs of the Association . they also direct that prior sanction by the competent authority will be necessary before the special casual leave is availed of

1. President : One

2. Vice - President : One

3. General Secretary : One

4. Deputy Secretary :One

5. Treasurer : One

( By Order of the Government)

CALL DUTY

LETTER No. 41407/B2/88-4 Health Dated 22.11.1988.

From

Thiru N. Narayanan, IAS.,

Commissioner and Secretary to Government.

To

The President,

Tamil Nadu Assistant Surgeon's Association,

Government Rajaji Hospital,

Madurai.

Sir,

Sub : Tamil Nadu Medical Service- Tamil Nadu Assistant Surgeon's

Association – Provision of Vehicles to Assistant Surgeon to attend call duty - Regarding.

Ref: Your letter No. 24/88 dated 6.5.88.

I am directed to state that as per the rule contained in the Tamil Nadu Financial Code, ie, Schedule I, Rule7(b) of appendix 27 the Assistant Surgeons are permitted to use the Ambulance vans for Call duty purposes for performing emergency duty and operations.

Yours faithfully,

For Commissioner and Secretary to Government,

WEEKLY OFF

Copy of Letter No. 28089/E4-/2/84 dated 25.11.85 of the Director of Medical Services and Family Welfare, Madras – 6.

-----

Sub : Grant of Weekly off to Assistant Surgeons Instructions issued.

Ref : This office – circular memo. No. 69112/E4/1/80 dated 11.8.80

----

In para 2 of this office circular sited it is informed to District Medical Officers and others that the Weekly off accumulated and that weekly of can be granted only after day an Assistant Surgeon has attended work for 6 days off on the Seventh day and he will miss if if he could not avail it on the seventh day.

It is represeted that in certain occasions Assistant Surgeon are deputed to other Medical Institutions where their Services are needed. Some of them are deputed for Laparoscopic camp etc., and are to these reason they could not avail the weekly off due to them on the seventh day itself.

Hence the District Medical Officers and others are informed that Assistant Surgeon may be permitted te accumulate weekly off upto 2 day a time with following conditions.

1) The Assistant Surgeons may be allowed to avail weekly off at the discretion of District Medical Officer or Medical Officer incharge without detrimental to the working of the institutions.

2) They cannot claim for accumulation of weekly off for 2 days at a time as a matter of right.

3) Accumulation of weekly off upto 2 days has to be permitted when the Assistant Surgeon could not avail it due to administrative reasons.

4) Weekly off cannot be combined with post duty off.

5) Weekly off cannot be combined with Casual leave or any other kinds of leave.

6) Weekly off has to be availed by Assistant Surgeons without affecting normal functioned of the Medical Institutions and before availing weekly off the specific permission of the head of the Medical Institutions has to be obtained.

7) The Officer in charge of the Medical Institutions concerned should see that the normal work of the institution is not affected by allowing an Assistant Surgeon to avail the weekly off for more than a day at a time.

T.B. Venugopal,

Director Of Medical Services and Family Welfare

DUTY HOURS AMENDMEND

HEALTH AND FAMILY WELFARE DEAPARTMENT

Government letter No.27040/F1/9941 dt. 9. 6.1999.

From

Thiru V.Viswanathan, I.A.S.,

Secretary to Government

To

The Director of Medical Education, Chennai-5.

The Director of Medical and Rural Health Services, chennai - 6

The Director of Public Health and Preventive Medicine.

Chennai - 6.

All Deans of Government Medical Colleges,

All Directors of Health Services.

Sir,

Sub: Government Hospital - Changing of timings in Government teaching Medical Institutions orders issued Amendment issued.

Ref: 1. G.O.Ms. No. 463 Health dated 12.9.69.

2. Government letter Mo.62210/FI/96-ldt 1.10.96

3.From the State President Tamil Nadu Doctors Association letter dated.

4. From the Director Medical Education letter No. 244993AEH/I/99 dated 21.5.99.

5. Fron the Director of Medical and Rural Health Services letter ref No. I6773/E7/3/99

dated 31.3.99

In-Partial Modification of the orders issued in para 4 of the Govenment Orders first cited as subsequently amended in Govermvent letter second cited, I an directed to issue the following amendment.

AMENDMENT

For the existing paragraph 4 of the said Government order read with Government letter second cited, the following paragraphs shall be substituted:

The Government accordingly direct that the morning OP Hours in all teaching hospitals and in all other District, Taluk and Non Taluk hospitals and in and Government Dispensaries be from 7.30 am to 12.00 noon. The Government further direct that so far as Primary Health centres are concerned there is no change in the timing of the exiting of hours. There will be no change in the super / higher speciality oP hours and evening OP hours.

Yours faithfully,

For secretary to Government

Committee-Justice M.Marutamuthu Committee - Recommedations of committee-Acceptance of certain findings-order-issued

Read 1.G.O (2D) No.23, Health dt.21.4.1999.

2.G.O.Ms.No. 407, Healtdt 19.12.2000.

3. Report of justiceThiru M. Matuthamuthu, dt. 31.1.2002.

Order:

In the Government order first read above, a commitee was constituted to look into mishaps occurring during Professional duties of Doctors working in Government and Private Hospitals and to submit a report suggesting the guidelines and measures to be adopted by Government irespect of litigatioria in Court rising out of tne mishaps. In the Government order second read above Thiru, Justice M. Maruthamuthu, retired high court judge, was appointed as Chairman of the Committee.

2. The Committee which looked into the above issues in detail submitted its report to the Government on 31.1.2002. The Government as be examined the recommendations of the Committee and pass the following orders to adopt the procedure whenever litigations arise due to the mishaps that occururing in the Medical / Surgical treatment given by Doctors in Government-Hospitals/Private Nursing Homes/Hospitals.

I. To follow the existing procedure of allowing the Police registering the complain under section 304 (a) I.P.C., and investigate;

II. To permit an Officer of the rank of Deputy Superintendent of Police or Asst. Commissioner of Police to do investigation

III. To issue Departmental instructions for not to arrest Doctors, as a matter of routine and to effect arrest only when it is legally justified and with the consultation of Senior Police Officers.

IV. To create a corpus fund from the contribution of Rs. 101- P.M. from every Doctor.

V. To make the Government Doctors, to pay compensation awarded by court in the court first and then to apply for the refund of amount paid in the court by doctors from the corpus fund created.

VII. To consider the creation of Corpus Fund as a trial measure only and to revise the subscription of Corpus Fund depending upon the functioning of this scheme after one year.

3. The Director-General of Police is requested to follow the procedures mentioned in the items, (I); (ii); and (III) in paragraph 2 above, whenever occurrence of such cases take place In the Government Medical Institutions Private Nursing- Homes / Hospitals.

4. The Director of Medical & Rural Health Services is requested to take necessary action on the items mentioned in paragraph 2(iv) (v) (vi) and (Vii) above in the Government Medical Institutions.

POST DUTY OFF

Tamil Nadu Medical Service-Granting of Post Duty Off to Medical Officers in Teaching and Non-Teaching Hospitals under the control of Director of Medical Education and Director of Medical Services and Family Welfare-Creation of additional posts of Assistant Surgeons for attending increased work-Sanctioned,

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O.MS.No: 843 Dated the 19th may, 1980

Read:-

1. From the Director of Medical Education letter Ho. GG296/&3/3/78, dated 31-8-78 and 10-3-78.

2. From the Director of Medical Services and Family Welfare D.O.Ref.

No. 7298/E4/1/79, dt. 12.3.80.

ORDER :

The question of giving post duty off to the Assistant Surgeons after 24 hours of duty in the Teaching and Non-Teaching Hospitals has been engaging the attention of the Government for some time past. The Government have examined the question in consultation with the Director of Medical Service and Family Welfare. The Director of Medical Education has stated that a large number of Assistant Surgeons do 24 hours duty in Teaching Hospitals once in a week but continue their duty the following day with a break of two hours (i.e.) they are continuously on duty for 36 hours) and it is not compensated either by a day off or by additional remuneration. The Director of Medical Services and Family Welfare has stated that Assistant Surgeons .working in Non-Teaching Government hospitals who do continuous duty from 7-30 A.M. of a day to 7-30 A.M. on next day avail only 2 hours off in the afternoon on the next day. The Director of Medical Services and Family Welfare and the Director of Medical Education had request sanction of certain number of additional posts (Reserve Duty Doctors) to provide them Post Duty off and to ensure better treatment of the patients.

2. Taking into consideration the continuous duty performed by the Medical officers and also the financial Commitments involved in these proposals the Government have decided to sanction additional posts of Reserve Duty Doctors for Teaching and Non-Teaching Hospitals to provide Post Duty Off to all Medical Officers who do more than 24 hours of duty.

3. Sanction is accorded for the creation of 66 (sixty Six) posts of Reserve Duty Doctors (Civil Assistant Surgeons) designated as Reserve Tutors in the teaching Medical hospitals under the control of Director of Medical Education and 95 (ninety five) additional posts of Reserve Duty Doctors (Civil Assistant Surgeons) in the scale of pay of RS. 750-50-1350/In the non-teaching Medical Hospitals in the District Headquarters Hospital, E.S.I. Hospitals Taluk and non-Taluk Hospitals with four and more Medical Officers under the control of Director of Medical Service and Family Welfare from the date employment till 28-2-81. The Director of Medical Education and the Director of Medical Services and Family Welfare are requested to allot the posts of Reserve Duty Doctors to the hospitals under their control and send reports to Government indicating the intitutions to which they have been allotted.

4. The holders of the post are eligible to draw in addition to their pay. House Rent Allowance, and City Compensatory -llowance and other allowances at the rates admissible from time to time under the rules and orders in force.

5. The expenditure should be debited to the relevant sub head of account under 280 Medical etc.

6. The expenditure is on a New Service and the approval of the Legislature will be obtained in due course, bending approval by the Legislature, the expenditure will be initially met by an advance from the contingency fund orders regarding which will be issued by Finance(B.G, Department, The Director of Medical Education/The Director of Medical Services and Family Welfare is requested to make an application in time in the prescribed from to the Government in the Finance(B.G) Department along with a copy of this orderfor sanctioning an advance from the contingency Fund.

7. This order issued with the concurrence of the Finance Department videitsU.O. 123 D.s. (Bi/80, dated 19.5.80).

(BY ORDER OF THE GOVERNOR)

C.E.P.PRABHAKAR,

Commissioner & Secretary to Government (In change).