RULES REGARDING T.B.

CONCESSIONS TO THE EMPLOYEES IN NON-GOVERNMENT SECONDARY SCHOOLS, ETC

RULES REGARDING T.B. CONCESSIONS TO THE EMPLOYEES IN NON-

GOVERNMENT SECONDARY SCHOOLS, ETC.
PREAMBLE
Grant of concessions to employees suffering from Tuberculosis in aided non-Government Secondary
Schools, Junior Colleges of Education, Junior College (Higher Secondary) Units attached to Secondary
Schools, teaching staff appointed exclusively for teaching Junior College Classes attached to Colleges
and academic teaching and non-teaching staff in non-Government Technical, Multipurpose and Vocational
High Schools in the State.

The following rules regulate the grant of concessions to employees suffering from T.B. (pulmonary
including T.B. pleurisy as well as non-pulmonary) and leprosy:

Rule – 1.
All suspected cases of Tuberculosis of employees in the employ of the aforesaid institutions should be
sent for examination and opinion to the J.J. Group of Hospitals or the G.T. Hospital, Bombay, if serving
in Bombay City, and, if employed in the mofussil, to the nearest District Head Quarters Hospital. No
charge should be made for such examination. The Civil Surgeon, if he considers it necessary, will refer
the case to the nearest Government Hospital where proper facilities, including X-Ray, are available for a
thorough examination. No charge will be made for X-Ray, Ski grams, examinations and laboratory
investigations.

Rule – 2.
(a) If, after careful consideration, the case is found to be an active one, the employee concerned
should be granted such leave as is recommended in his case by the authorised medical attendant until
he has exhausted all the leave due to him under the ordinary leave rules. When the end of this leave
is approaching he should be brought before a Medical Board for report whether there is any likelihood
of his return to duty. If the Board reports that he would be fit to resume duty after further treatment
he should be granted extraordinary leave for the period recommended by the Board, provided that the
total period of continuous absence from duty does not exceed three years. If the Board reports that
there is no likelihood of his returning to duty, he should be invalided.

Note. The term "authorised medical attendant" means--

(b) In respect of an employee whose pay is not less than Rs. 500 per month, the Superintendent of
the Government Hospitals in Bombay or any other Officer authorised by him in this behalf, and in the
mofussil, the Civil Surgeon or the District Medical Officer, as the case may be, or any other Officer
authorised by them in this behalf;

(c) In respect of an employee whose pay is more than Rs. 150 per month but less than Rs. 500 per
month a M.M.S. Class II Officer in the Station or at the District Head Quarters;

(d) In respect of an employee whose pay is Rs. 150 or less, a M.M.S. Class III Officer or M.M.S. Class
III (A) in or near the station.

Note 1. In a station where there are two or more officers in M.M.S. Class II or M.M.S. Class III, M.M.S.

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Class III (A), the senior most of these Officers should be authorised as medical attendant for the
purpose.

Note 2. In a station where there is only one authorised medical attendant of any of the above three
categories he shall be the competent authorised medical attendant for any employee in need of
medical attendance and treatment at that station.

Note 3. The authorised medical attendant of an employee shall be determined with reference to the
place within the State of Maharashtra at which he falls ill, whether it be his place of posting or place
of casual stay or the place where he may be spending his leave.

Explanation. The expression "all leave due" occurring in the above rule should be interpreted to mean "
leave due and admissible " under the normal rules applicable to the employee concerned.

In the case of employees who have more than six months leave due to them, the examination by the
Medical Board referred to above should be arranged six months after the commencement of the
treatment, but before the expiry of the leave due. In cases where the total leave due is less than six
months, such extraordinary leave as is necessary to complete that period may be given pending
examination of the patient by the Medical Board.

At places where there are no Medical Boards the Civil Surgeons can with the sanction of the Director
of Health Services, Government of Maharashtra, convene a Medical Board to examine the employees
suffering from Tuberculosis with the help of two Medical Officers of the Institution where the patient is
receiving treatment. The charges for the medical examination of the employee suffering from T.B. by a
regular or a specially convened Medical Board, should be borne by Government, if the Medical Board is
convened at a place it is ordinarily convened. However, if the Medical Board is convened at a place
other than the one where it is ordinarily convened on the request made by the employee on ground of
health etc., the extra expenditure involved to Government in this respect, e.g. expenditure on traveling
allowance of a Medical Officer attending the meeting of the Medical Board, etc., shall be borne by the
employee concerned.

(e) In order to afford continuity of service to temporary employees, who contact Tuberculosis and
undergo treatment in a recognised institution established for the treatment of the disease, and to
enable them to return to their original posts after treatment, they may, in addition to leave on average
pay or earned leave, as the case may be, and/or leave on Medical Certificate which may be admissible
to them, be granted in relaxation of leave rules laid down in the Secondary Schools Code (Revised
Edition 1979), as amended from time to time/Maharashtra Employees of Private Schools (Conditions of
Service) Rules, 1981, extraordinary leave upto a maximum period of twelve months on any one
occasion, subject to the following conditions:

(1) the post from which the employee proceeds on leave is likely to last till his return to duty,

(2) the extraordinary leave shall be granted subject to the production of a certificate from the Medical
Board, specifying the period for which the leave is recommended, and

(3) the Medical Board, in recommending the leave, shall bear in mind the provisions of leave rules laid
down in the Secondary Schools Code (Revised Edition, 1979)/Maharashtra Employees of Private Schools
(Conditions of Service) Rules, 1981.

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(f) The concessions of extraordinary leave upto twelve months shall also be admissible to a temporary
employee who, for want of accommodation in any of the institutions recognised for the purpose of the
concession located at or near the place of his duty, receives treatment at his residence, provided that.

(i) The treatment is under a duly qualified registered medical practitioner; and

(ii) He submits a certificate signed by that medical practitioner to the effect that he is under his
treatment and that he has reasonable chances of his recovery on the expiry of the leave
recommended.

(g) Before the expiry of the maximum limit of extraordinary leave admissible under the rules, the
employee concerned should be examined by the Medical Board to see whether he is fit to resume duty
or should be invalided. If the employee is found to have greatly improved, but to be still in need of
some more time, say 1 to 3 months, to consolidate the progress and to become fit to resume duties,
further leave may be granted subject to the limit of 3 months provided it is certified that he is likely
to resume duty by the end of that period.

(h) All Managements and leave sanctioning authorities, as the case may be, should, while placing the
employee suffering from T.B. before a Medical Board, invariably inform the Medical Board of the period
of extraordinary leave already enjoyed by the employee concerned in pursuance of the T.B.
concessions, and the balance of leave admissible, so as to enable the Medical Board to certify whether
the employee is likely to be fit before the expiry of the full leave.

(i) (i) The extraordinary leave availed of by permanent employees on account of illness due to
Tuberculosis should be counted towards increments subject to the condition that only such extraordinary
leave falling during the period of three years commencing from the date of absence from duty will
count for increments under normal rules.

(ii) Temporary employees suffering from T.B. who do not have lien on any post will not be allowed to
count the extraordinary leave towards increments.

(j) An employee irrespective of the pay drawn, after the expiry of all leave due and admissible to him
on average pay be granted T.B. leave on average pay and the leave salary for such T.B. leave should
be regulated under normal rules. The total T.B. leave should not exceed one year. After the expiry of
this leave, leave on half pay, if due, should be granted in case it is found that a further period of
leave is necessary for his recovery. After the expiry of leave on half pay, the employee should be
placed before the Medical Board for his examination as to his physical fitness for further service and
should be granted extraordinary leave recommended by the Medical Board subject to the condition that
all leave granted under these rules does not exceed three years. The T.B. leave on average pay
granted under this rule should not be debited to the leave account of employee.

(k) The concession of T.B. leave on average pay to employee admissible under sub-rule (g), should be
allowed to such an employee suffering from T.B., who may be on half-average pay or on extraordinary
leave subject to the condition that all leave under these rules shall not exceed three years.

Rule – 3.
(a) While on leave, the employee should be required to undergo treatment in a Government Medical
Institution, or if he so prefers, place himself for treatment under a competent private Medical

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Practitioner or in any of the approved non-Government Tuberculosis Sanatoria or Institutions mentioned

below:

The Bel-Air Sanatorium, Dalkeith, Panchgani.

Hill Side Sanatorium, Vengurla.

Wanless Tuberculosis Sanatorium, Wanlesswadi.

The Nashik Tuberculosis Sanatorium, Mahasrul, Nashik.

The Group of Tuberculosis Hospitals, Sewri, Bombay.

The N.M. Wadia Charitable Hospital, Solapur.

The Talegaon General Hospital and Convalescent Home, Talegaon (Dabhade), District Pune.

The Shashikala Tuberculosis Sanatorium, Jaysingpur, District Kolhapur.

The Swastik T.B. Sanatorium, Wai, District Satara.

The Evangeline Booth Hospital, Ahmadnagar, District Ahmadnagar,

K.E.M. Hospital, Bombay.

The Medical Officers should have discretion to decide whether a patient should be asked to stay in a
hospital or a sanatorium, or whether he should take treatment while staying outside such institutions
under such conditions as may be considered necessary.

(b) (i) Reasonable facilities should also be provided as far as possible, for admission of an employee to
the existing institutions (i.e. Government Hospital or approved non-Government Hospital or Sanatorium),
provided he is deemed fit by the Civil Surgeon of the District concerned or the Superintendent, J.J.
Group of Hospitals or G.T. Hospital, Bombay, for institutional treatment.

(ii) An employee who cannot be accommodated either in a Government Hospital where proper facilities
for the treatment of T.B. exist or in a reserved bed in one of the private T.B. Sanatoria Where
Government has reserved beds for the free treatment of Government servants and who is allowed to
take treatment in a non-Government Sanatorium or Hospital or under a private medical practitioner
shall be entitled to the following concessions:

(a) In ease of an employee whose pay does not exceed Rs. 760 per month the expenses on Hospital
or Sanatorium charges, special diet and special medicines subject to the limits mentioned in Rule 4.

(b) In case of an employee whose pay exceeds Rs. 760 per month only charges on medicines included
in the latest National Health Formulary of the United Kingdom but not exceeding the limit mentioned in
Rule 4(3).

(c) Employees undergoing treatment under Private Medical Practitioners or as out-patients at

Government Hospitals or recognised private Institutions should be granted the concessions subject to
the following conditions:

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(i) The Medical Officer, i.e. the Civil Surgeon or the Superintendent of Government Hospital should
certify that the employee can take treatment of such medical practitioner under such conditions as he
considers necessary.

(ii) The Medical Officer who has examined the employee should, as far as possible, try to secure him
admission in a Government Hospital and at the same time furnish him with a list of approved sanatoria
or institutions, so that the patient may also on his own seek admission to one of them.

(iii) The necessary vouchers for the special medicines purchased by the patient for himself should be
produced and countersigned by the Medical Practitioner or the authorities' of the Institutions concerned,
as the case may be.

(c) The allowance for special diet at the rate of Rs. 50 per month or equal to the actual expenditure
incurred whichever is less should be granted subject to the condition that declaration as stated below
is given by the patient and is countersigned by the Medical Attendant:--

I hereby declare that, I, Shri ................ was Under the treatment of Dr. ................. for tuberculosis, and
under his advice, I have taken special diet, such as ................ for which I have incurred an expenditure
of Rs. .......... for the period from ................ to ..................

(d) Employees taking treatment as indoor patients in Government institutions should be granted
monetary concessions towards items on which they have incurred expenditure, subject to the maximum
laid down in Rule 4, provided they produce necessary [vouchers/certificates in support of their claim.

Note. The requirement in regard to production of vouchers for special diet shall be waived provided a
declaration is given by the employee concerned that he has taken special diet of the value of Rs. 50
per month.

Rule – 4.
Government will assist in the payment of the cost of special diet, special medicines and sanatorium
charges in case of employees with pay not exceeding Rs. 760 per month, when they are admitted as
paying patients (and not against free beds reserved by Government) to private approved sanatoria or
hospitals upto the following monetary limits:

(1) Rs. 25 per mensem for sanatorium charges (which include charges for ordinary accommodation,
ordinary diet and ordinary medicines) or at the rate actually paid by the patients, whichever is less;

(2) An allowance of Rs. 50 a month during the period of high prices towards the cost of special diet, if
any, prescribed by the Medical Superintendent of the Sanatorium; and

(3) Employees should be allowed reimbursement of medical expenses incurred by them on account of
special medicines (excluding those included in the list of inadmissible medicines) under the M.S.S. (M.A.)
Rules, 1961. Employees should also be allowed reimbursement of expenditure incurred by them on
account of P.P. sputum examination, Blood Test, Injections and Operations etc. at the private approved
sanatoria or hospitals.

Rule – 5.
The employee who was suffering from T.B. should be sent to Medical Board for his examination and

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the certificate regarding his physical fitness should be obtained from the Medical Board before he is
allowed to resume his duties under the following conditions:

(a) that he remains under suitable medical supervision and treatment of a qualified medical practitioner
approved by the Government Medical Officer concerned who should maintain a special register of such
cases so that the patient may be followed up regularly from time to time in his own interest as well
as that of public health;

(b) that the employee suspected of Tuberculosis or suffering from "arrested" Tuberculosis shall undergo
periodical re-examination by the proper Government Medical Officer and if necessary, by a competent
authority in Tuberculosis approved by Government. The re-examination should be done by the
Government Medical Officer free of charge.

Rule – 6.
(a) For journeys to Government Medical Institutions and back in connection with the medical
examination and for treatment, employees will be eligible to traveling allowance as on tour as
admissible, under the Bombay Civil Services Rules and for the purpose of payment of such traveling
allowance their residence shall be treated as their headquarters. Similar traveling allowance will also be
granted, if employees go to approved non-Government Tuberculosis Sanatoria or Institutions for
treatment.

(b) The attendant, if any, accompanying the patient (employee) should be granted actual single fare of
the appropriate class in which the patient travels or a lower class by which the attendant actually
travels.

Rule – 7.
In the event of an employee suffering from Tuberculosis being declared fit for duty the Management
concerned should, wherever possible, give him light duty for another year or so, and also allow him
some period for rest daily or occasionally as advised by the Medical Attendant of the employee.

Rule – 8.
Temporary employees who have put in more than a year's continuous service shall be eligible to the
concessions under these rules other than monetary concessions and concessions of T.B. leave on
average pay. The monetary concessions and the T.B. leave on average pay will be admissible only to
those temporary employees who have put in not less than three years' continuous service. Temporary
employees with less than a year's service are not entitled to any of these concessions.

Note. Continuous service of one year or three years means service of specified duration under the
Management till the commencement of leave for treatment of T.B.

Rule – 9.
The expenditure on account of monetary concessions extended under these rules should be debited to
the appropriate budget heads mentioned below:--

"277-Education"

(i) A-Primary Education--(f) Teachers' Training--f-(II) Assistance to non-Government Junior Colleges of

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Education--a(i) Maintenance Grants to the non-Government Junior Colleges of Education--Grant-in-aid

(2770313).

(ii) B-Secondary Education--(k) Assistance to non-Government Secondary Schools--k(1) Grant-in-aid to

Ordinary Secondary Schools (2770897).

(iii) (1) Assistance to Local Bodies for Secondary Education--(i)(2) Grant-in-aid to Other Local Bodies
(2770968).

(iv) D-Pre-University Education--(v) Assistance to non-Government Institutions--(v)(a)(i) Grant-in-aid to non-

Government Junior Colleges (2778065).

(v) Grant-in-aid to Other Local Bodies for Junior Colleges (2778083).

(vi) F-Technical Education--(ap)-Assistance to Non-Government Technical Industrial Institute--(i)

Maintenance Grant--(a) Technical and Industrial Schools (2773528).

Rule – 10.
The concessions available under these rules shall, in any case, cease when the employee attains the
age of superannuation.

Rule – 11.
Employees who were suffering from Tuberculosis and who have been declared fit to resume duties
should be granted the following monetary concession:

Rs. 30 per month for extra diet.

The above concession will be available for a period of one year with effect from the date of the
employee resuming duty, subject to the conditions that the extra diet, medicines and tonics are
recommended by the Civil Surgeon or the authorities of the hospital in which he was taking treatment
and subject to the production of necessary vouchers in support of his claims.

The Managements when granting the concessions, should insist on the certificate of the Civil Surgeon or
the authorities of the hospital in which the employee was taking treatment, recommending extra diet,
medicines and tonics. On the production of vouchers for medicines and tonics, a declaration given by
the employee concerned that he has taken extra diet of the value of Rs. 15 per month in place of
vouchers for extra diet, should suffice.

Rule – 12.
The Management under whom the employee in need of the concession is serving should be the
authority to sanction these concessions.

Rule – 13.
Employees suffering from T.B. and declared fit to resume duty on expiry of leave should report for
periodical check-up at the nearest Civil Hospital where there is X-Ray or at the recognised sanatorium
where free beds are reserved for Government servants. Their periodical check-up should be done till
the specialist examining the patients considers that such check-up is necessary in their cases and not

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indefinitely. The expenditure on account of the traveling allowance of such employees should be held
admissible for non-salary grant.

Rule – 14.
(1) The concessions granted to employees suffering from Tuberculosis may be granted to employees
again if after having once availed of these concessions and having been certified to be fit for duty
after treatment the employees contact T.B. again.

(2) The Management under whom an employee in need of T.B. concessions is serving is the authority
competent to sanction these concessions. The vouchers required to be produced under rule 3(d) should,
therefore, be produced before the Management in order to enable it to authorise the concessions. It is
not necessary to attach these vouchers to the bills presented at the Pay unit of the district concerned.

(3) The concessions admissible to employees as per paragraph 1 above are also available to the
employees suffering from T.B. while they are under suspension. They are not available to employees
suffering from ordinary pleurisy.

(4) Employees who have put in not less than 3 years' continuous service and suffering from
leprosy/cancer or paralysis should be granted the concessions regarding T.B. leave on average pay
admissible under sub-rule (g) of rule 2 of rules regarding T.B. concessions to employees and the
monetary concessions admissible under sub-rule (c) of rule 3 and sub-rules (1) and (2) of rule 4 and
rule 11 of the said rules. They should also be granted the special diet allowance at Rs. 50 p.m. or
equal to actual expenditure incurred whichever is less even they are not required to be on leave. The
special diet allowance should be for a period of one year or till the A.M.A. recommends whichever is
earlier. They should also be granted T.A. for their journey to Government Medical Institutions and back
in connection with the medical examination and for treatment as per the provisions of rule 6(a) and (b)
of the rules regarding T.B. concessions.

(5) The Ex-T.B. patients who were once in employ in the respective institution but were discharged on
account of their affliction with T.B. will be eligible for re-employment provided they have been declared
non-infective and medically fit for employment by a T.B. specialist or a medical authority authorised in
this behalf by Government.

(i) The authority to declare Ex.-T.B. patients as non-infective and medically fit for employment in
respective institutions should be a Medical Board. The Civil Surgeon/District Medical Officers in-charge of
the Civil Hospitals, Superintendents of Medical Institution in Bombay and Superintendents of Government
T.B. Sanatoria including Superintendent, Hospital for the diseases of Chest, Camp Aundh, Pune, are
authorised to convene a Medical Board for the Examination of the Ex-T.B. patients and for issue of
fitness certificates to them.

(ii) They will be eligible for re-appointment to the posts previously held by them if vacancies exist or to
equivalent posts in their own institutions or institutions conducted by the same Management.

(iii) They will be eligible for re-appointment by the Management concerned whenever there are suitable
vacancies.

(iv) If they cannot be re-employed by the Managements concerned for want of vacancies, employment
assistance to them will be rendered by Educational Inspector, Greater Bombay or the Education Officer.

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Zilla Parishad concerned, as the case may be. For this purpose they will be treated as transferred
employees.

(v) On their re-employment in the same posts from which they were discharged, the actual previous
service rendered by them should be treated as qualifying service for purposes of pension and seniority
and for purposes of pay they should be placed in the same position in which they were at the time of
their discharge from service. The break in service between the date on which they were discharged
from service and the date of their reemployment would itself however be regarded as continuous.

(vi) On re-employment they will not be required to undergo a fresh medical examination if they had
been medically examined on their first appointment.

(6) Whenever an employee who retires on invalid pension being incapacitated for further service on
account of the affliction with T.B. is re-employed being cured of the disease.

(i) his pay on re-employment will be regulated according to Rule 82.6, 82.9 or 82.10 of the Secondary
Schools Code (Revised Edition 1979)/sub-rule 3, 5 or 6 of rule 17 of the Maharashtra Employees of
Private Schools (Conditions of Service) Rules, 1981, as the case may be,

(ii) he will not be required to undergo a fresh medical examination and

(iii) the leave standing to his credit will be carried forward.

(7) The concessions mentioned in paragraphs 5 and 6 above are applicable to employees who were in
service but were discharged on account of their affliction with T.B. Pleurisy, as distinguished him
ordinary pleurisy. They are also applicable mutatis mutandis to those who were in service but were
discharged on account of their affliction with leprosy.

(i) The T.B. concessions may be granted to the employees concerned for two times in ordinary course
and the third time after producing the necessary certificate from the Authorised Medical Attendant that
the employee has scrupulously followed the provisions in Rule 5 and that it is still necessary to grant
him T.B. concession for the third time. Such cases should be referred to Government for orders.

(ii) The T.B. Concession should not be granted to the employees for the fourth time and that cases of
the employee asking for concession for the fourth time should be put before the Medical Board for
invalidation.

Rule – 15.
The concessions to employees suffering from T.B. sanctioned under these rules as amended from time
to time, will not be available to those employees who do not restrict their family size to 3 living
children, if they have less than 3 children or to their present size if they have more than 3 living
children.

Note. The Management should furnish the following Certificate while sanctioning the concessions to the
employees concerned:--

CERTIFICATE

(1) CERTIFIED that the size of the family of Shri/Smt. .................................. has not exceeded three

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living children.

(2) CERTIFIED that the size of the family of Shri/Smt. .................................. as on 1st August 1980 is
.................... living children and that size has not been exceeded and that he/she has undertaken to
take terminal measures (either Vesectomy or Tubectomy) before 31st December 1981.

(3) He/She is eligible for the concessions admissible under the rules regarding T.B. concessions to
employees in aided non-Government Secondary Schools etc.

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