CHAPTER VIII—MEDICAL CERTIFICATE OF FITNESS TO BE PRODUCED ON RETURN FROM LEAVE

Rules made by the Governor under Fundamental Rule 71

43. (a) A government servant who has taken leave in Asia on medical certificate will be required to produce a certificate of fitness in the following form before he can be permitted to return to duty:


We/I the / / do hereby certify that we/I have carefully


examined A. B. C. of the.............. department and find that he has recovered from his illness and is now fit to resume duties in Government service.

We/I also certify that before arriving at this decision we/I examined the original medical certificate and statement of the case (or copies thereof certified by the officers granting the leave) on which leave was granted and have taken these into consideration in arriving at our/my decision.

NOTE—The above form has been prescribed by the Government of India for services under their rule-making control. The Governor has also prescribed this form for services under his rule-making control.

(b) If the government servant on leave is a gazetted servant, such certificate should be signed by a medical committee. In cases, however, where—

(i) the leave is for not more than three months, or

(ii) the leave is for more than three months or leave for three months or less is extended beyond three months but the medical committee granting the original certificate or certificate for extension state at the time of granting such certificate that the government servant need not appear before another committee for obtaining the certificate of fitness to return to duty,

the certificate may be signed by a commissioned medical officer or a medical officer-in-charge of a civil station. If the government servant on leave is not a gazetted servant the competent authority may in its discretion accept a certificate signed by a medical practitioner who has registered his name under the United Provinces Medical Act, III of 1917, provided that in the case of a female government servant, gazetted or non-gazetted, a certificate from a registered medical woman shall be accepted.

NOTE—A gazetted government servant required to obtain a certificate of fitness from a medical committee should, when there is no sitting of the committee on the date on which his leave terminates, present himself before the committee at its meeting previous to the date on which his leave expires.

Orders of the Governor regarding Subsidiary Rule 43

A certificate signed by one or two medical officers obtained under Subsidiary Rule 93 is equivalent for all practical purposes to a certificate from a medical committee and such cases should not be excluded from the operation of Subsididary Rule 43(b).

44. (a) A government servant, who has taken leave on medical certificate out of Asia elsewhere than in Europe, North Africa, America or the West Indies, may not return to duty until he has produced a medical certificate of fitness from two medical practitioners in the following form:

"We certify that we have carefully examined C. D. of the ——————department and find that he is in good health and fit to return to his duty in India."

Date—————

Place—————

NOTE—The above form has been prescribed by the Government of India for services under their rule-making control. The Governor has also prescribed this form for services under his rule-making control.

(b) If the certificate be signed by foreigners, it should be attested by consular or other authority as bearing the signatures of qualified medical practitioners.

45. Any government servant who has been granted leave or an extension of leave for reasons of health, even though such leave or extension was not actually granted on medical certificate, may at the discretion of the competent authority be required to produce a similar certificate of fitness before being permitted to return to duty.

NOTE—When a government servant who has been granted leave for reasons of health, proceeds to any of the localities named in Subsidiary Rule 105 (i.e., outside India) the authority which granted the leave shall inform the High Commissioner for India if a certificate of fitness is required under the second sentence of Fundamental Rule 71. In the absence of specific intimation to the effect that such a certificate is required, the High Commissioner may act as if no certificate is necessary.

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