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Tuesday, March 31, 2009

Hospital Protection Act - No. 48 of 2008—Tamil Nadu Medicare Service Persons and Medicare Service Institutions

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Karthigai 17, Thiruvalluvar Aandu–2039
DTP—IV-2 Ex. (364)
Part IV—Section 2
Tamil Nadu Acts and Ordinances

No. 48 of 2008—Tamil Nadu Medicare Service Persons and Medicare Service Institutions
(Prevention of Violence and Damage or Loss to Property) Act

For Taking Printout, please download the PDF File and print pages 1,5,6

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 28th November 2008 and is hereby published for general information:—
ACT No. 48 OF 2008.
An Act to prohibit violence against medicare service persons and damage or loss to property of medicare service institutions and for matters connected therewith and incidental thereto.
WHEREAS, acts of violence causing injury or danger to life of medicare service persons and damage or loss to the property of medicare service institutions are on the increase in the State creating unrest among medicare service persons resulting in total hindrance of such services in the State;
AND WHEREAS, it has become necessary to punish the persons committing violence by making the offence as cognizable and non-bailable and to provide for compensation, for damage or loss caused to the property of medicare service institutions, to be determined by court;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2008.
(2) It shall be deemed to have come into force on the 18th day of July 2008.
2. In this Act, unless the context otherwise requires,—
(1) “medicare service institution” means any institution providing medicare to people which is under the control of the State or the Central Government or local bodies including any private hospital having facilities for treatment of the sick and used for their reception or stay; any private maternity home where women are usually received and accommodated for the purpose of confinement and ante-natal and post-natal care in
connection with child birth or anything connected therewith; and any private nursing home used or intended to be used for the reception and accommodation of persons suffering any sickness, injury or infirmity whether of body or mind, and providing of treatment for nursing or both of them and includes a maternity home or convalescent home;
(2) “medicare service person” in relation to a medicare service institution shall include,—
(a) registered medical practitioners (including a person having provisional registration);
(b) registered nurses;
(c) medical students;
(d) nursing students;
(e) para medical workers; 
employed and working in such medicare service institutions;
(3) “property” means any property, movable or immovable or medical equipment or medical machinery owned by or in possession of, or under the control of, any medicare service person or medicare service institution;
(4) “ violence” means activities of causing, any harm, injury or endangering the life or intimidation, obstruction or hindrance to any medicare service person while discharging his duty in the medicare service institution or causing damage or loss to the property.
3. Any person either by himself or as a member or as a leader of a group of persons or organization, commits or attempts to commit or abets or incites the commission of any act of violence shall be punished with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine. 
4. Any offence committed under section 3, shall be cognizable and non bailable.
5. (1) In addition to the punishment specified in section 3, the person shall be liable to pay compensation for the damage or loss caused to the property, as determined by the court.
(2) If the person has not paid the compensation under sub-section (1), the said sum shall be recovered under the provisions of the Tamil Nadu Revenue Recovery Act, 1864 as if it were an arrear of land revenue.
6. No claim for compensation for the damage or loss caused to the property shall be made by the medicare service person or medicare service institution, before any authority, under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.
7. Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force.
8. (1) The Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Ordinance, 2008 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
(By order of the Governor)
Secretary to Government,
Law Department.

Tuesday, March 24, 2009



TNGDA condemns newly formed federation

CHENNAI: The Tamil Nadu Government Doctors’ Association (TNGDA) has said that it would convene a meeting of all associations of government doctors soon to take action against a newly formed federation of doctors from the Public Health Department. In a press release, State president of the TNGDA S. Kanagasabapathy said the federation had been formed by some higher officials of the department and was trying to stall the functioning of the public health system.

Thursday, March 19, 2009

Posting of Senior Civil Surgeons in Block Primary Health Centers as BMOs

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Recognised by the Govt. of Tamilnadu vide Public Department G.O. Ms No. 1980 dated 7.10.1969
    STATE PRESIDENT                     
Dr.S.Kanagasababathy                                        Thanjavur 
Dr K.Senthil
Dr K.Jeyakumar
Dr P.Prakash Karat
State Office: 208, DAS Quarters, Govt. Rajaji Hospital, Madurai
19th March 2009
Posting of Senior Civil Surgeons in Block Primary Health Centers as BMOs
The govt. sanctioned a total of 2000 posts in 1998 in the cadre of senior civil surgeons in various categories – from Professors, Asso. Professor in medical colleges, SCS (gen) and SCS (specialist) in DMS, SCS BMO in PHCs. In these Professors, Asso. Professors, SCS (specialists) are given to those qualified with master degree. The general category SCS promotion are common for  master/ diploma holders and MBBS qualified persons. The general category posts are RMOs in medical colleges and HQGHs, CMOs of GHs, ESI dispensaries, Police dispensaries, ICDS dispensaries, Supdts in HQGHs, ESI Hospitals and BMOs in PHCs – a total of just 800 posts.
Of these, many BMOs are not filled till 2005 as the promotion panel was prepared in 1:1 ratio. ie eligible senior doctors same as the available vacancies. As most (left with remote block PHC vacancies) relinquished promotion, the vacancies could not be filled up. Just 50 out of 305 Block Medical Officer posts were filled, leaving about 250 BMO posts vacant.
To avoid this, TNGDA was insisting filling up of the vacancies thro’ an additional panel for promotion. This was not done. Meanwhile the Director of Public Health thro’ the G.O. 142 of 2005 downgraded the posts of SCS to assistant surgeons. By this about 305 posts – out of about 800 promotion opportunities for Diploma and MBBS doctors were lost.
The TNGDA was fighting since then for restoration of these promotion opportunities.
Meanwhile the Health Officers Association (DDHS etc ) have given a proposal to the govt. for posting of public health personnel (ie municipal health officers as Block Health Officers reviving the SCS posts – 6 months back.
The TNGDA opposed downgrading of BMOs and posting of Health Officers. So, we went for agitation and succeeded. The SCS posts are about to come.
Yes, doctors who were toiling in PHCs for decades will be able to get the real promotion as SCS and BMOs. If these posts are not available, once they become eligible for SCS, they may have to opt for postings in GHs/ ESI / Medical Colleges. If they relinquish, they will NEVER BE ABLE TO GET PROMOTION AS SCS IN THEIR CAREER.
ie you have to just work as BMOs in the cadre of
Asst. Surg. or SAS or civil surgeons and
never as SCS
This is the fact.
Block Medical Officer post in the cadre of SCS is the real promotion for those doctors working in PHCs.
·        PHC doctors can opt (on promotion) for any general posts in DME side or DMS side.
·        There is a very good chance for all senior medical officers in PHCs getting promoted as SCS BMO.
·        The last CML number in 2008 SCS (Gen) panel is 3800/ 2005
·        With the revival of the SCS Block Medical Officer posts the expected last CML number who can get promotion as SCS will be around 6000 (hoping the SCS panel this year is prepared 1:5 ratio as requested by TNGDA)
·        The eligible CML number for promotion as associate professor in DME side ranges from 4500 to 7000/ 2005
Doubts among members
·        How can a DME side or DMS side doctor come to PHC as Block Medical Officers?
By virtue of one’s seniority, he becomes eligible for the post of SCS. On a regular basis the arising vacancy every year is expected to be around 200; out of which 40% from PHC, 55% from DMS and 5% from DME side. By virtue of his seniority, thro’ counseling, one may opt for any vacancy – be it at DME or DMS or DPH side. Assuming equal number of vacancies in DMS and DPH side, the chances of getting a posting in PHC/ GH is equal among DMS and DPH doctor.  
           At present as per panel the CML eligibility for SCS is around 3800. But DME side MD/MS doctors (constituting about 90% of the total DME side doctors) are getting promotion much earlier depending upon the vacancies in various specialities.
              The DME side MBBS/ Dip doctors (constituting the balance 10% of the DME side doctors) will be eligible to compete with DMS/ DPH doctors for the posts of SCS only by his seniority. (after putting in more than 20 years of service).  
·        SCS will not have adequate experience in PHCs?
Most SCS coming from DME/DMS side would have already worked in PHCs in their past.
Moreover in most places, only the junior most and 10a1 doctors were working as BMOs – without even clearing the accounts test/ medical code exam.
·        SCS will move out PHC once they get better postings?
This is applicable to about 90% of PHC doctors who are aspiring to get a PG seat or release to DME/ ESI/ GH.
·        How can some one from outside DPH side just come and take the promotion postings in PHC?
Just like PHC doctors getting a chance to move to DMS/ DME side, the DME/DMS side doctors are also allowed to opt for posts in PHCs.  - This question on the other hand should be directed towards the DDHS – juniors coming from Health side and controlling the entire district with a meagre service of 3 to 5 years. (TNGDA has planned to pursue this issue and insist that only PHC doctors with more than 10 years service should be posted as DDs)
·        Why are the DD and public health people weary of SCS BMOs?
Some of the DDs are scared that SCS BMOs will demand more powers and they cannot be bully SCS. The vested interests of some of the DDs will not be met as SCS BMOs are their equal cadre.
So, friends, the issue of BMOs is unnecessarily confused among PHC doctors by certain health officers for vested interest. Our organization is a democratic association, proven time and again. There is always flexibility in the association and by democratic means there is always scope to change or reverse any decision.
Unity is strength.  
State Secretary
Contact No: 98946 27213

Saturday, March 7, 2009

Letter from State Secretary

Dr K.Senthil M.D. (Gen)
State Secretary, 
Tamilnadu Government Doctors’ Association
3rd March 2009
Dear friends,

Best Wishes and greetings.

Thanks for your cooperation in all our past efforts in demanding the Pay / Promotion Parity with the central govt. doctors and in all the other issues.

But now it is time to give our best efforts. Show our Unity.

Pay and Promotion parity is not just the salary part alone. It is our right. When the central govt. doctors and neighboring state doctors have better pay and working atmosphere, we after bringing our state to the top in India, claim our due.

It is time to show our solidarity. Right from the junior most assistant surgeon joined under 10a1 rule or a mobile scheme or under HSP / compulsory post PG postings (all those recruited under Tamilnadu Medical Service) to the senior most Professor or Senior Civil Surgeons and to the cadre of Directors – every one should join the agitation.

Unity is strength. Unity is victory.

No matter your position is. Not regularized, Not declared probation, not cleared special TNPSC, about to retire, due for promotion – it is your duty join the agitation. Every time; in 1986, 1996 – we were not given the due. Now, it is a life time agitation.

Right from our respected Health Minister of TN, Health Secretary, Union Health Minister, most political parties support our rightful cause. Our minister assured for rectification of the pay disparity in the floor of the assembly. But from confidential sources we learn that no suggestions were agreed upon for us by the Pay Committee.

The central govt. doctors are getting lot more salary than our state counterparts. They are getting Dynamic Assured Career Progression (DACP) – recommended exclusively for doctors by the V and VI Pay Commission – ie promotion in 4, 9 and 13 years. Vacancy based promotion only beyond the existing scale of 14300. This they get from 1996 through the V Pay Commission.

We demand this status after 12 years; before the next Pay Commission; after bringing the health care delivery system in our state to the top in the country.

No where in a democratic country were the members penalized for a legitimate agitation, to press their demands. Even those punished by the previous govt. have all cleared of all the charges. So, do not hesitate. This agitation is for you, for us. Join and involve yourselves.

We are not politically inclined. Any govt. is equal to us. But, all along, govt. doctors were given the best possible offers only during the governance of the present CM. During our last pay commission struggle in 1998, we were given 2000 senior civil surgeons posts by the present CM. We were given the “Hospital Protection Act” and “G.O. issuing the protocol to be followed to arrest doctors for any hospital deaths” were all given by the present CM.

This time either we have not reached him or not reached him properly.

Please think. This is very important. Everything else is next. Please sink all differences if any amongst us; be it personal or otherwise.

All the district office bearers are requested to form an “action committee” to coordinate the agitation. Active members are requested to enroll themselves with the district office bearers and help them in coordinating the agitation.

We insist on rectification of anomalies in the Pay and promotion opportunities before implementing the VI Pay commission.

The exclusive recommendation for doctors – the Dynamic Assured Career Progression (DACP) available to the central govt. doctors since 1996 should be granted to the Tamilnadu doctors before fixing their pay slab in the VI Pay Commission. If not we may loose lot of benefits. Govt. has many commitments. Unless we ask, we may not get it.

Junior doctors should be very responsive to this call. TNGDA has always been special to them. Be it – a special TNPSC, 2 years PG eligibility, second special TNPSC, we are there to help them. Now it is your duty to reciprocate. Join the agitation.

Time to quote our past State President’s words:
“nalla padaigal illatha thalaivanum, nalla thalaivan illatha padagalum vettri pettrathillai”.
Best wishes…

TNGDA Demand Week

Thursday, March 5, 2009

State Executive Committee Resolutions - 01 March 2009

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Recognised by the Govt. of Tamilnadu vide Public Department G.O. Ms No. 1980 dated 7.10.1969
    STATE PRESIDENT                                           STATE SECRETARY
    Dr.S.Kanagasababathy                                                    Dr K.Senthil
            Thanjavur                                                            Madurai
                          Dr K.Jeyakumar                       Dr P.Prakash Karat
                                 Vellore                                 Ramanathapuram
State Office: 208, DAS Quarters, Govt. Rajaji Hospital, Madurai
1st Mar 2009
State Executive Committee Resolutions
The State Executive Committee Meeting of the Tamil Nadu Government Doctors’ Association was held in Thekkadi on 1st March, 2009.
The State President Dr S. Kanagasabapathy presided the meeting, Dr K. Senthil State Secretary coordinated the meeting. State Treasurers Dr Prakash Karat and Dr Jeyakumar presented the financial report.
The association regretted that inspite of repeated representations and multiple sittings to discuss the issues with the Health Secretary and the Honorable Health Minister; most of the demands, were not solved. Inspite of repeated requests the office bearers were not able to meet the Honourable Chief Minister of Tamilnadu. But many assurances were given by the Honourable Health Minister and the Health Secretary were not implemented.
The doctors working in the best performing state of Tamilnadu are being paid lowest salaries and given poor promotion opportunities.
The association knowing the responsibility and the sensitiveness of their work, was refraining from any direct protest for the past 18 months. After the failure of so many rounds of talks the association is left with no options, but is forced to go for direct action to press its demands.
After elaborate deliberations, the following resolutions were passed unanimously.
1.     The TNGDA wishes a speedy recovery for the Honourable Chief Minister Dr Kalaignar from his illness and hale and healthy life.
2.     The association resolved to go in for state wide agitation to press the following 9 demands.
I.       To correct the existing anomalies in the Pay and promotion opportunities between the central and state govt. doctors (since the previous pay commission) before implementing the VI Pay commission.
The exclusive recommendation for doctors – the Dynamic Assured Career Progression (DACP) available to the central govt. doctors since 1996 should be granted to the Tamilnadu doctors before fixing their pay slab in the VI Pay Commission.
II.     To reduce the timings of the Primary Health Centers as in Kerala and Karnataka, to 9 am to 2 pm for 6 days a week.
III.  Withdrawal of the ban in Voluntary Retirement Scheme (VRS) for doctors.
IV.  Restoration of the 350 promotion posts (in the cadre of senior civil surgeons)
V.     Modifying the G.O. 13 of 2008 to designate faculty as Medical Council of India norms.
·  Designate entry level posts as Assistant Professor (for all qualified faculty)
·  mandatory teaching experience for promotion as associate professor should be 5 years (from entry)
VI.  Fix seniority for all panchayat union doctors absorbed in 1998 since the date of absorption.
VII.Promotion opportunities for all diploma candidates as Senior Civil Surgeon specialties in DMS side.
VIII.Post adequate specialists in CEmONC centers and trauma care centers. TNGDA resolves to stop doing CEmONC duties if there are no adequate specialists (without affecting the general duty) as specified in G.O.
IX.  To hold twice a year counseling; strictly implement counseling norms and to revert all postings issued violating counseling norms.
The TNGDA appeals to the Honorable Chief Minister to intervene and fulfill our demands.
3.     The TNGDA has resolved to go in the following modes of agitation to press its demands.
·     To hold district GB meetings all over the state on 10th March 2009 and issue press release.
·     To wear “demand badges” from 11th March to 17th March 2009. To print and distribute handbills to the public to explain our demands during this period.
·     To hold 1 hour dharna in all districts on 19th March 2009 in all district headquarters hospitals/ medical college hospitals.
·     To observe “Non Cooperation Week” from 20th March 2009 to 28th March 2009.
– wherein boycott of all varumun kappom thittam camps, FW surgeries and camps, disability camps, VIP duties, other camps,  medical board,  official meetings, all academic activities and trainings, classes – theory, clinical classes and practicals in medical colleges.
All regular patient care in the OPD, Wards, emergencies, lab and other public related activities will be attended.
·     To observe “one day token strike” on 31st March 2009. Except emergencies and life saving work all other work will be stopped.
·   To start “indefinite strike” from 15th April 2009.  All work will be stopped except emergencies.
-Signed-                                                         -Signed-     
              State Secretary                                              State President
      98946 27213                                                 94431 3039

Departmental Examinations - May 2009 - Instructions

Departmental Examinations - May 2009 - Instructions
  1. Applications are invited from the candidates for admissin to the Departmental Examinations to be held in May 2009  through "ONLINE ONLY" (Applications Forms will not be supplied by the Commission).
  2. Online registration for Departmental Examinations, May 2009 is available for candidates applying from all the 32 Centrestill 5.45 P.M. on 28th March 2009.
  4. Candidates should note that application fee of Rs.30/- also will have to be included to the Total Amount of Examination fee prescribed for the tests applied for and should be paid through postal receipt only except the candidates opting as NEW DELHI Centre.
  5. Examination / Application Fees: Kindly make sure that you have the Postal Receipt for the requisite number of tests that you will be applying for, before registering online.
  6. Procedure to apply online:
    (a) Click "Apply Online" tab appeared in your right hand side.
    (b) Fill-up/Select the relevant particulars asked in the data entry screen carefully.
    (c) After confirmation, click "Generate Online Application Form" button.
    (d) An unique application number will be generated. Kindly note it.
    (e) Type the application Number and your date of Birth to generate online application form.
    (f) Print the generated application form and paste two recent passport size photograph, affix the Postal Receipt towards the Examination Fee and Application Fee on the reverse side of the generated online application, AFFIX YOUR SIGNATURE and send it to the Commission's Office on or before the last date.
  7. Last date: The candidates can register their particulars online till 5.45 P.M. on 28th March 2009. They will have to take a printout of filled-up application form, paste two recent passport size photographs (with attestation where necessary), affix the Postal Receipt/enclose the Demand draft/IPO towards the Examination Fee and Application Fee,  affix your signature and send it to the Commission’s Office on or before  31st March 2009 - 5.45 P.M.
  8. Before taking the printout of the Application / Identification Certificate, make sure that both Top and Bottom margins of the print area will have only 5 mm. (This can be adjusted using File->Page Setup option of the browser.)
  9. The candidates who apply online will Super scribe “ONLINE APPLICATION - DEPARTMENTAL EXAMINATIONS - MAY 2009” on the envelope before despatch to the following address :
The Secretary
Tamil Nadu Public Service Commission
Omanthoorar Government Estate
Anna Salai
CHENNAI - 600 002
Application Form
Apply Online
Print Application / Identification Certificate
Tests and Fees
Examination Centres
Notification in Tamil (PDF)
Notification in English (PDF)
Annexure (PDF)
Time Table (PDF)
List of Head Post Offices (PDF)
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