MINISTRY OF SURFACE TRANSPORT

(Port Wing)

NOTIFICATION

New Delhi the 2^nd November, 1996

G.S.R. 537 (E).- In exercise of the powers conferred by sub section (1) of 124, read with sub- section (1) of section 132 of the Major Ports Act, 1963 (38 of 1963), the Central Government hereby approves the Tuticorin Port Trust Employees (Contributory Outdoor and Indoor Medical Benefit after Retirement) Regulations, 1996 made by the Board of Trustees for the Port of Tuticorin 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.

SCHEDULE

TUTICORIN PORT TRUST EMPLOYEES' (CONTRIBUTORY OUTDOOR AND INDOOR MEDICAL BENEFIT AFTER RETIREMENT), REGULATIONS, 1996

In exercise of the powers conferred under Section 28 of the Major Port Trust Act, 1963 (38 of 1963), The Tuticorin Port Trust Board hereby makes the following regulations, subject to the approval of Central Government as required under Section 124 of the aforesaid Act.

1. Short title and commencement:

(i) These Regulations may be called the Tuticorin Port Trust Employees' (Contributory outdoor and Indoor Medical Benefit after Retirement) Regulations, 1996.

(ii) They shall come into force from the date on which the approval of Central Government is published in the Central Government Gazette.

2. Extent of application:

(a) These Regulations are applicable to

(i) retired Tuticorin Port Trust Employees and to their spouses

(ii) surviving spouses of the employees who die while in service after completion of 10 years of continuous service in Tuticorin Port Trust, and is ineligible for family pension and

(iii) to surviving spouses of retired employees who die after retirement provided he or she is not gainfully employed in the Public/Private undertaking and/or covered by any medical benefit scheme of the undertaking either for himself/herself or as dependent.

(b) "Retired Tuticorin Port Trust Employees" in regulations means:

(i) employees of all classes, viz. Class I, II, III and IV, who retire from Tuticorin Port Trust service on attaining the age of superannuation under the service regulations applicable to them.

(ii) Class I and II officers who retire by giving the requisite notice or pay and allowances, in lieu of such notice or may be retired by giving the requisite notice or pay and allowance in lieu of such notice after attaining the age of fifty (50) years and all class III and class IV employees who retire by giving the requisite notice or pay and allowances in lieu of such notice, or may be retired by giving requisite notice or pay and allowances in lieu of such notice after attaining the age of fifty five (55) years.

(iii) Employees irrespective of their class, who are medically invalidated from service after completion of 15 years of continuous service in Tuticorin Port Trust.

(iv) Employees of all classes who retire from the Port Service under Voluntary Retirement Scheme on or after 2-4-1992.

(c) The option to enroll as members for obtaining medical benefits under these Regulations shall be given within a month of the date of retirement. In the case of those who have already retired or died while in service after completion of 10 years of continuous service or medically invalidated from service after completion of 15 years of continuous service such option shall be exercised by the retired employees or by the dependent as the case may be within three months from the date these regulations come into effect.

3. Contribution:

(a) To obtain member for availing medical benefit under these Regulations purely voluntary. Only those retired employees or surviving spouses of deceased employees who make payment either by deduction from their retirement benefits or in cash, of the one time lump sum contribution set out below in the Regulations are eligible for availing medical benefits under these Regulations for themselves and/or their spouses for life. The amount of one time lump sum contribution will be one month pension before commutation of family pension as the case may be at the time of individual joining the Scheme irrespective of designation and Class of post.

Note: For the purpose of Regulation 2 and 3 (a), the expression Class I, Class II, Class III and Class 1V shall have the same meaning as assigned to them in the Tuticorin Port Trust Employes" (Classification, Control and Appeal) Regulation, 1979. The actual classification will, however, be determined with reference to the Post substantially held by the employees at the time of his/her retirement / death / medical invalidation.

(b) The lump sum contribution once paid, will not be refunded on any ground whatsoever.

4. Registration:

(a) The application in the prescribed proforma Annexure 'A' (attached) for the medical facilities under these Regulations should be made in duplicate to the Head of Department from where the employee retired/invalidated or in the case of his/her death, by his/her spouse, for verification of the particulars mentioned therein. While submitting the application, 2 copies of passport size photographs of the retired employees and/or his/her spouse shall also be sent to the Head of Department along with a declaration in the proforma annexure 'C' (attached) and the receipt of having paid the lump sum contribution referred to in preceding para. This declaration should be renewed every year on the 1^st April.

(b) On receipt of the application by the Head of Department the contents of the application will be scrutinised with reference to records available in the department and forwarded to the Chief Medical Officer. The Head of Department or an officer appointed by him, while forwarding the application to the Chief Medical Officer, should certify on the application as detailed here under:-

" I have personally verified the contents of the application with reference to records available with this department and it is certified that the applicant is eligible for the benefit under the Tuticorin Port Trust employees Contributory Outdoor and Indoor Medical Benefit after Retirement) Regulations, 1996".

(c) In case if it is found that the applicant is not eligible for any benefit under these Regulations, he/she shall be intimated so, in writing, by the concerned Head of Department.

(d) If the applicant is found not eligible for benefit under these Regulations the lump sum payment made by him will be refunded to him on the basis of the advise of the respective Head of Department.

(e) On receipt of the recommendations from the Head of Department, the Chief Medical Officer will issue to the retired/invalid employees or spouses as the case may be, an identity card in the prescribed proforma Anexure_ B (attached) – with a copy of photograph duly pasted on it. The second copy of the photograph shall be pasted on the application and kept for records.

(f) If the retired employee or his/her spouse in case of death of employee is gainfully employed subsequent to admission to the Scheme in public/private undertaking and covered by any Medical Benefit Scheme of the undertaking or on the death of the Beneficiary under these Regulations, the fact should be intimated to the Chief Medical Officer immediately in writing by the retired employees/spouse or the next kin of the deceased, as the case may be. On receipt of such information, Chief Medical Officer, shall take necessary action to cancel the identity card issued to him/her.

(g) A monthly return in respect of such identity card issued/cancelled during the month, shall be sent to the Financial Advisor and Chief Accounts Officer, on or before 10^th of the succeeding month.

(h) On receipt of the application and the lump sum contribution the Chief Medical Officer of the Tuticorin Port Trust shall grant the retired employee or surviving spouse, as the case may be, a registration number and shall, at his discretion allot him/her a dispensary at which he/she should be registered. The retired employee and his/her spouse shall be eligible for registration only at the dispensary to which he/she is allotted and except at the discretion of the Chief Medical Officer, he/she shall not be accepted at the any other dispensary. He/She shall be entitled to outdoor medical attendance and treatment only at the dispensary where He/She is registered. The outdoor medical attendance and treatment at the Tuticorin Port Trust hospital shall be admissible only on a reference from the dispensary to the Hospital. However, in emergencies and at the discretion of the Chief Medical Officer, he/she may be accepted for Outdoor medical attendance and treatment at the Tuticorin Port Trust hospital direct.

5. Scope :

On payment of contribution, the medical attention and treatment will be made available to the retired employees and their spouses on the same scale and condition as is normally admissible to employee in service subject to the following conditions : -

(a) Outdoor medical attendance and treatment includes such pathalogical, bactorlogical radiological ( including taking of X Ray plates ) or other methods of examinations (including ECG and Ultra sound scanning) as the Resident–cum-Senior Medical Officer/Chief Medical Officer may consider necessary and to the extent that the equipment and facilities are available at the dispensary or outpatient department of the hospital it will, if so consider necessary by Resident–cum-Senior Medical Officer/Chief Medical Officer also include such physical therapy, dental treatment, etc. as may conveniently be given at the dispensary or outpatient department of hospital.

(b) If, for any investigations, reference is required to be made to an outside consultant, agency, hospital or a nursing home, the entire charges therefore, shall be borne by the retired employee his/ her spouse and paid directly by him/her to the outside consultant, agency, hospital, nursing home, as the case may be.

(c) If in the course of medical examinations of a retired employee his/her spouse and emergency arise necessitating hospitalisation in the Tuticorin Port Trust Hospital, such hospitalisation shall be limited to the minimum period considered necessary by the Chief Medical Officer.

(d) Such medicines and injections as may be prescribed at the dispensary or Tuticorin Port Trust Hospital will be supplied without any charge if they are available from the stock of medicines and injections maintained at the dispensary or the hospital. If any medicines and injections are not available at the Tuticorin Port Trust Dispensary / Hospital, the same shall be purchased by him/her at his/her own cost initially and he/she will be reimbursed by the Accounts Department, the cost involved on production of cash memo/receipted bill, duly certified by the Resident -cum-Senior Medical Officer / Chief Medical Officer.

(e) A minimum of three beds at a time will be reserved for retired employees and/or spouses and these beds will be allotted to retired employees or spouses in preference to serving employees and their dependents.

(f) If all or any of the beds reserved for retired employees and /or spouses are not occupied, the unoccupied beds may be allotted to serving employees and their dependents .

(g) The serving employees and /or his dependent who was allotted a bed from out of the aforesaid three beds reserved for retired employees and /or spouses will not be discharged prematurely on the ground that an eligible retired employees and / or his spouse subsequently requires admission.

(h) If the medical circumstance of a retired employee or his spouse seeking admission in to the Tuticorin Port Trust Hospital are such that, in the judgement of the Chief Medical Officer, he / she needs medical attention or hospitalisation as an emergency, the retired employee and / or his / her spouse may be given admission even in excess of the three beds reserved for retired employees and / or spouses but such hospitalisation shall be limited to the minimum period considered necessary by the Chief Medical Officer.

(i) Ambulance services shall be provided for those employees residing within the Municipal limits as in the case of serving employees.

6. Expenditure on the regulations:

The contribution and other charges collected from retired employees/ their spouses under the regulations shall be credited to Welfare Fund and the expenditure and providing the Medical Benefit shall be charged to Welfare Fund.

7. Penalty :

(a) The renewal of the declaration refer to in Regulations 4 (a) above is sole responsibility of the retired employee / his spouse as a case may be.

(b) If the retired employee /his/her spouse, spouse of the eligible deceased employee who have enjoyed benefit under the Regulations under one time lump sum payment is subsequently found to be gainfully employed in the Public/ Private undertaking during the period in which he/she had availed the treatment the cost of full medical treatment at the outsiders rate with 5% penalty charges will be levied and collected from them and their right to avail further benefit under these regulations will be forfeited.

8. Miscellaneous:

(a) The Chief Medical Officer shall ensure that the medical facilities are extended only to the persons enumerated in the identity cards.

(b) The Chief Medical Officer shall maintained a separate register in the form shown in Annexure "D" (attached) _ showing there in the person/persons to whom the medical facilities are extended under these regulations and the register will be made available for periodical inspection by the Financial Advisor and Chief Accounts Officer or by an officer nominated by the Financial Advisor and Chief Accounts Officer.

9. Power to relax:

Where the Board satisfied that the operation of any of these Regulations causes undue hard ship in any particular case, Board may by order for reason to be recorded in writing dispense with or relax the requirements of the Regulation to such extend and subject to such exceptions and conditions as may be considered necessary for dealing with the case in a just and equitable manner.

10. Interpretation:

If any question arises as to the interpretation of these Regulations the same will be decided by the Board

'ANNEXURE 'A'

TUTICORIN PORT TRUST

APPLICATION FORM FOR JOINING THE TUTICORIN PORT TRUST EMPLOYEES' (CONTRIBUTORY OUD-DOOR AND INDOOR MEDICAL BENEFIT AFTER RETIREMENT) REGULATIONS, 1996

(Signature of the applicant)

Note: Two copies of the Passport size photographs of the members joining these regulations must accompany.

"ANNEXURE 'B'

TUTICORIN PORT TRUST

TUTICORIN PORT TRUST EMPLOYEES ' (CONTRIBUTORY OUTDOOR AND INDOOR MEDICAL BENEFIT AFTER RETIREMENT)REGULATIONS, 1996

Identity Card No.

ANNEXURE 'C''

TUTICORIN PORT TRUST

Declaration to be filed by retired employees at the time of joining the Tuticorin Port Trust Employees' (Contributory Outdoor and Indoor Medical Benefit After Retirement ) Regulations, 1996 and thereafter on 1^st April of every year.

I, the undersigned ................... wife / husband of .......... staff no....... Designation ............. of ............. department retired from the service of the board with effect from ............... do hereby declare that I am / I am not employed in any Public or Private sector undertaking and I am /I am not covered by any Medical Benefit Scheme by such Employer .

2. (In the case of those who are employed gainfully in Public or Private sector job)

I took up this job on ................................. and my term of appointment is for a period from ............................. to .................................

I understand that I am not entitled to free consultation, free medicines, free investigation from the Boards Hospital for duration of this appointment as per the Tuticorin Port Trust Employees' (Contributory Outdoor and indoor and medical benefit After Retirement) Regulations, 1996.

Signature.........................

Identity Card No............................................

Issued by.........................................................

ANNEXURE 'D''

TUTICORIN PORT TRUST

FORM OF REGISTER TO BE MAINTAINED UNDER THE TUTICORIN PORT TRUST EMPLOYEES' (CONTRIBUTORY OUTDOOR AND INDOOR MEDICAL BENEFIT AFTER RETIREMENT ) REGULATIONS, 1996 BY THE TRUST'S CHIEF MEDICAL OFFICER