Law & Legal Affairs Department
Jaipur, September 23, 2008
G.S.R. 120. - In exercise of the powers conferred by proviso to Article 309 of the Constitution of India the Governor of Rajasthan hereby makes the following rules; namely:-
Rajasthan Judicial Officers (Medical Facilities) Rules, 2008
1. Short title and commencement.- (1) These Rules may be called the Rajasthan Judicial Officers (Medical Facilities) Rules, 2008.
(2) They shall be deemed to have come into force with effect from 01-11-1999
2. Applicability.- These rules shall be applicable to all the Judicial Officers.
3. Definition.- In these rules unless the context otherwise requires :-
(i) Judicial Officer for the purpose of these rules shall mean officers of the Rajasthan Higher Judicial Service and Rajasthan Judicial Service including officers retired, re-employed or on deputation.
(ii) Notified Hospital shall mean Hospital/ Dispensary notified by the Government in each city. District Head Quarter and Sub-Divisional Head Quarter for the treatment of Judicial Officers and members of their families.
4. Medical Facilities to Judicial Officers.- Judicial Officers shall be entitled to the same medical facilities as are admissible to the Members of the Rajasthan Legislative Assembly from time to time. For the present, the members of Rajasthan Legislative Assembly are entitled to the same medical facilities as are available to the Officers of the State Government under the Rajasthan Civil Services (Medical Attendance) Rules, 1970.
5. Exception and modification.- Judicial Officers shall be entitled to the medical facilities contained in Rule 4 of these rules, subject to the following exceptions and modifications, namely: -
(i) The Judicial Officer shall also be entitled to claim expenses incurred by them for medical attendance and treatment obtained by him and his family members in private hospital/ Dispensaries, notified by the State Government in each city, District Head Quarter and Sub-Divisional Headquarter for the medical treatment of Judicial Officers and members of their family. The expenses shall be inclusive of the Charges for accommodation in the place where such treatment is taken;
(ii) For the purpose of medical treatment of Judicial Officers and member of his family, Doctor of any notified hospital and dispensary shall also be considered as the authorized medical attendant;
(iii) The Judicial Officers shall be entitled to reimbursement of expenses incurred by them for himself or for his family members for the medical attendance and treatment obtained by them in any place other than in a Hospital or Dispensary maintained and/ or notified by the State Government, to the same extent as they are entitled to under these rules for the reimbursement of expenses incurred by them for medical attendance and treatment obtained in notified Hospital or Dispensary. Expenses shall be inclusive of charges for accommodation;
(iv) There shall not be any ceiling on reimbursement except to the extent of in patient room entitlement, in patient room entitlement shall be as admissible to the State Government employees; and
(v) There shall not be any ceiling on reimbursement of expenditure for treatments like kidney transplant, open heart surgery etc. or any disease notified by the Government.
6. Procedure for reimbursement.- (1) The Principle District Judge shall be the competent authority for passing the bills for reimbursement of medical attendance and expenses of himself and judicial officer subordinate to him or posted on deputation or on other Government post or retired or re-employed residing in his District.
(2) All claims for reimbursement of expenses incurred by the Judicial Officer for himself or for his family members shall be accompanied by an "Essentiality Certificate" issued by the Authorized Medical Attendant with the bills for reimbursement supported by the prescription and vouchers or cash memos.
Explanation. - Powers which are exercisable by the State Government under Rule 12 of Rajasthan Civil Services (Medical Attendance) Rules, 1970 with Regard to Government Servant shall also be exercisable by the State Government with regard to Judicial Officers.
7. Advances for medical expenses. - Judicial Officers shall be entitled to advance up to 80% of the estimate to meet the medical expenses for treatment and the balance shall be paid after the bill is produced and approved by the competent authority.
8. Additional medical allowances. - Judicial Officers both serving and retired shall be entitled to receive Rs.100/- per month as medical allowance in addition to the benefits of medical reimbursement.
By Order of the Governor,
Deputy Secretary to Government