Wednesday, March 15, 2017

Important-EHS n MR

           IMPORTANT INFORMATION ON MEDICAL REIMBURSEMENT         

"Andhra Pradesh Medical Attendance Rules,1972 (with modifications as on 20-12-2012).
APIMA Rules, 1972 – Reimbursement of medical charges to the pensioners – Certain anomalies in Rules – Enhancement of the Medical reimbursement from Rs.1.00 lakh to 2.00 lakhs to the retired Government servants and their dependants on par with serving Government employees – Certain Amendment – Orders – Issued.
Pay Revision Commission Recommendations 2009 on Medical Reimbursement – Orders Issued.
Director of Medical Education Website for Reimbursement Government Orders and all related issues
Scrutinize the medical reimbursement bills through the Dr.NTR Vaidya Seva Trust instead of Director of Medical Education to make more convenient to the Government Employees, Pensioners and their dependent family members – Orders – Issued.
Circular Instructions on Scrutiny of medical reimbursement bills by Dr.NTR Vaidya Seva Trust - Certain Guidelines issued


IMPORTANT INSTRUCTIONS ON HEALTH CARD ISSUES

Providing Cashless medical treatment to the State Government Employees, Pensioners and their dependent family members
Operational Guidelines for Issue of Health Cards
Notification and adoption of ‘Final Therapy Prices’
Issue of Health Cards to State Government Employees – Online Collection of Employees’ data through Web based application for implementation of HRMS Module and issue of Health Cards – Instructions to furnish the Data
 ఉద్యోగుల ఆరోగ్య పధకము - కొన్ని అంశాలపై సందేహాలు - వాటికి వివరణ
DDO User Manual For Employee Data Capturing Application
Employees’ Health Scheme (EHS) – Recovery of contribution from the Salaries/Pensions of Employees/Pensioners and depositing the amount with Government contribution in the Public Account – Stop recovery of premium payable to Aarogyasri Health Care Trust - Orders – Issued.
Employees’ Health Scheme (EHS) – Recovery of contribution from the Salaries/Pensions of Employees/Pensioners and depositing the amount with Government contribution in the Public Account starting from November, 2014 payable on 1st December, 2014 onwards - Orders – Issued.

OP-Treatment-EHS

List of Govt Hospitals in AP for OP treatment for Chronic diseases under EHF-GO.150

Outpatient treatment for Chronic ailments in notified Government Hospitals – List of Government Hospitals in Andhra Pradesh for Out-Paitent Treatment for Chronic Diseases (Ailments) under EHF Scheme.G.O.Ms.No.150 Dated:04 -12-2014. Government of AP declared  the Government Hospitals included in the TABLE below, as “Notified Hospitals” for providing OP treatment for Chronic diseases / yearly health check up under Employees Health Scheme. The Chief Executive Officer, Aarogyasri Healthcare Trust shall display the list in EHS-web portal for the benefit of the employees, pensioners and their dependent family members.

List of Govt Hospitals in AP for OP treatment for Chronic diseases under EHF

1. G.O.Ms.No.135, HM & FW(I.1) Dept. Dt.29.10.2014.
2. From the CEO. AHCT., letter No.1159-2/P&C /EHS /2014, dt.13-11-2014.

ORDER:

  1. In the G.O., first read above, detailed guidelines have been issued on “Out Patient treatment for chronic ailments”, under Employees Health Scheme. In paras 2 &3 of the G.O., it is mentioned that the chronic OP treatment will be provided in “Notified Government Hospitals”, and that Chronic OP Treatment comprises of doctor’s consultation, pharmacy, Laboratory service, Radiology services and clinical laboratory service in “special clinics” which will be open for EHS patients from 2 PM to 4 PM on week days. It is also mentioned that ‘Yearly health check up’ will be provided in these notified hospitals for the employees who crossed 40 years of age on 1st of August of that year.
  2. In his letter 2nd read above, the Chief Executive Officer, Aarogyasri Healthcare Trust has informed that all the existing teaching hospitals, which are under the administrative control of Director of Medical Education have facilities to provide OP services for all the chronic OP packages. He has also stated that in the District Hospitals which are under the administrative control of APVVP., 10 district hospitals alone have facilities to provide OP services for all the Chronic OP packages and in the remaining three districts viz: Vizianagaram, Nellore and West Godavari, the District hospitals will have to have tie –up with private hospitals for certain Chronic OP packages. He has also furnished the list of “Notified Government hospitals” where OP treatment for chronic diseases will be provided, and the private hospitals with which District hospitals of Vizianagaram, Nellore and West Godavari will have a tie-up for providing the facilities. The list is Annexed to this Order.
  3. After careful examination, Government hereby declare the Government Hospitals included in the Annexure, as “Notified Hospitals” for providing OP treatment for Chronic diseases / yearly health check up under Employees Health Scheme. The Chief Executive Officer, Aarogyasri Healthcare Trust shall display the list in EHS-web portal for the benefit of the employees, pensioners and their dependent family members.


LIST OF NOTIFIED HOSPITALS WHICH WILL PROVIDE OP TREATMENT FOR  CHRONIC DISEASES AND YEARLY MEDICAL CHECK UP

Chittoor 
A. SVIMS, Tirupati,
(Services available for all Chronic OP Packages)
B. Teaching Hospitals under the control of Director of Medical Education (D.M.E) 
(Services available for all Chronic OP Packages)

Ananthapur 
GOVT.GENERAL HOPSITAL - (GGH-ANT)

Chittoor 
SVRR GOVERNMENT GENERAL HOSPITAL - (SVRR-TPT)

East Godavari 
GOVERNMENT GENERAL HOSPITAL - (GGH-KKD)

Guntur 
GOVERNAMENT GENERAL HOSPITAL - (GGH-GNT)

Krishna
GOVERNMENT GENERAL HOSPITAL (VIJAYAWADA) - (GGH-BZW)
Kurnool
GOVERNMENT GENERAL HOSPITAL - (GGH-KUR)

Prakasam 
RAJIV GANDHI INSTITUTE OF MEDICAL SCIENCES RIMS ONGOLE-(DH-ONG)

Srikakulam 
RIMS GENERAL HOSPITAL - (RIMS-SKM)

Visakhapatnam 
KING GEORGE HOSPITAL - (KGH-VZG)
YSR 
RIMS GENERAL HOSPITAL, KADAPA - (RIMS-KDP)

C. District Hospitals under the control of APVVP 
(The Chronic OP Packages available in the District Hospitals are given under column (iii).
The Private Hospitals which provide services for the remaining Chronic OP Packages are given in column (iv).)
DistrictName of
Hospital
Services availableName of the Private Hospital which will provide services for
the remaining
Chronic OP Packages as  tie - up
(i)(ii)(iii)(iv)
NelloreDSR HOSPITAL-
NELLORE
1.Hypertension
2.Hyperthyroidism
3.Hypothyroidism
4.Rheumatoid arthritis
5.Bronchial Asthma
6.Type 2 Diabetes Mellitus
7.Type 1Diabetes Mellitus
8.COPD
9.Convuslive Disorder
10.Psychosis and Other
Chronic Psychiatric Problems
11.Oseto Arthritis
12.Psoriasis
13.Chronic Hepatitis
14.Cirrhosis
15.Nephrotic syndrome
16.Chronic kidney disease
NARAYANA Medical
College Hospital
VizianagaramDISTRICT HOSPTIAL -
(DH-VZM)
1.Hypertension
2.Hyperthyroidism
3.Hypothyroidism
4.Rheumatoid arthritis
5.Bronchial Asthma
6.Type 2 Diabetes Mellitus
7.Type 1Diabetes Mellitus
8.COPD
9.Convuslive Disorder
10.Psychosis and Other
Chronic Psychiatric Problems
11.Oseto Arthritis
12.Psoriasis
13.Chronic Hepatitis
14.Cirrhosis
15.Nephrotic syndrome
16.Chronic kidney disease
MAHARAJA Institute of
Medical Sciences
West
Godavari
DISTRICT HOSPITAL,
ELURU - (DH-ELR)
1.Hypertension
2.Hyperthyroidism
3.Hypothyroidism
4.Rheumatoid arthritis
5.Bronchial Asthma
ALLURI SEETHARAMARAJU
Academy Medical
Sciences (ASRAM)
</title="list></div> <br>1. G.O.Ms.No.135, HM & FW(I.1) Dept. Dt.29.10.2014. <br>2. From the CEO. AHCT., letter No.1159-2/P&C /EHS /2014, dt.13-11-2014. <br><br>ORDER: <br><br><ol> <li style="text-align: justify;">In the G.O., first read above, detailed guidelines have been issued on “Out Patient treatment for chronic ailments”, under Employees Health Scheme. In paras 2 &3 of the G.O., it is mentioned that the chronic OP treatment will be provided in “Notified Government Hospitals”, and that Chronic OP Treatment comprises of doctor’s consultation, pharmacy, Laboratory service, Radiology services and clinical laboratory service in “special clinics” which will be open for EHS patients from 2 PM to 4 PM on week days. It is also mentioned that ‘Yearly health check up’ will be provided in these notified hospitals for the employees who crossed 40 years of age on 1st of August of that year.</li> <li style="text-align: justify;">In his letter 2nd read above, the Chief Executive Officer, Aarogyasri Healthcare Trust has informed that all the existing teaching hospitals, which are under the administrative control of Director of Medical Education have facilities to provide OP services for all the chronic OP packages. He has also stated that in the District Hospitals which are under the administrative control of APVVP., 10 district hospitals alone have facilities to provide OP services for all the Chronic OP packages and in the remaining three districts viz: Vizianagaram, Nellore and West Godavari, the District hospitals will have to have tie –up with private hospitals for certain Chronic OP packages. He has also furnished the list of “Notified Government hospitals” where OP treatment for chronic diseases will be provided, and the private hospitals with which District hospitals of Vizianagaram, Nellore and West Godavari will have a tie-up for providing the facilities. The list is Annexed to this Order.</li> <li style="text-align: justify;">After careful examination, Government hereby declare the Government Hospitals included in the Annexure, as “Notified Hospitals” for providing OP treatment for Chronic diseases / yearly health check up under Employees Health Scheme. The Chief Executive Officer, Aarogyasri Healthcare Trust shall display the list in EHS-web portal for the benefit of the employees, pensioners and their dependent family members.</li> </ol> <br><br><div style="text-align: center;"> <b><u>LIST OF NOTIFIED HOSPITALS WHICH WILL PROVIDE OP TREATMENT FOR  CHRONIC DISEASES AND YEARLY MEDICAL CHECK UP</u></b></div> <br><b>Chittoor </b><br>A. SVIMS, Tirupati, <br>(Services available for all Chronic OP Packages) <br>B. <b>Teaching Hospitals under the control of Director of Medical Education (D.M.E) </b><br>(Services available for all Chronic OP Packages) <br><br><b>Ananthapur </b><br>GOVT.GENERAL HOPSITAL - (GGH-ANT) <br><br><b>Chittoor </b><br>SVRR GOVERNMENT GENERAL HOSPITAL - (SVRR-TPT) <br><br><b>East Godavari </b><br>GOVERNMENT GENERAL HOSPITAL - (GGH-KKD) <br><br><b>Guntur </b><br>GOVERNAMENT GENERAL HOSPITAL - (GGH-GNT) <br><br><div> <b>Krishna</b> <br>GOVERNMENT GENERAL HOSPITAL (VIJAYAWADA) - (GGH-BZW)</div> <div> <b>Kurnool</b> <br>GOVERNMENT GENERAL HOSPITAL - (GGH-KUR) <br><br><b>Prakasam </b><br>RAJIV GANDHI INSTITUTE OF MEDICAL SCIENCES RIMS ONGOLE-(DH-ONG) <br><br><b>Srikakulam </b><br>RIMS GENERAL HOSPITAL - (RIMS-SKM) <br><br><b>Visakhapatnam </b><br>KING GEORGE HOSPITAL - (KGH-VZG)</div> <div> <b>YSR </b><br>RIMS GENERAL HOSPITAL, KADAPA - (RIMS-KDP) </div> <div> <br></div> <div> <div> <div style="text-align: center;"> <b>C. District Hospitals under the control of APVVP </b></div> (The Chronic OP Packages available in the District Hospitals are given under column (iii). <br>The Private Hospitals which provide services for the remaining Chronic OP Packages are given in column (iv).)</div> <table align="center" border="1" cellpadding="2" cellspacing="0" style="width: 694px;"><tbody> <tr><td><strong>District</strong></td><td><strong>Name of <br>Hospital</strong></td><td><strong>Services available</strong></td><td><strong>Name of the Private Hospital which will provide services for <br>the remaining <br>Chronic OP Packages as  tie - up</strong></td></tr> <tr><td>(i)</td><td>(ii)</td><td>(iii)</td><td>(iv)</td></tr> <tr><td>Nellore</td><td>DSR HOSPITAL-<br>NELLORE</td><td>1.Hypertension <br>2.Hyperthyroidism <br>3.Hypothyroidism<br>4.Rheumatoid arthritis <br>5.Bronchial Asthma <br>6.Type 2 Diabetes Mellitus<br>7.Type 1Diabetes Mellitus <br>8.COPD <br>9.Convuslive Disorder <br>10.Psychosis and Other <br>Chronic Psychiatric Problems<br>11.Oseto Arthritis <br>12.Psoriasis<br>13.Chronic Hepatitis <br>14.Cirrhosis <br>15.Nephrotic syndrome<br>16.Chronic kidney disease</td><td>NARAYANA Medical <br>College Hospital</td></tr> <tr><td>Vizianagaram</td><td>DISTRICT HOSPTIAL -<br>(DH-VZM)</td><td>1.Hypertension <br>2.Hyperthyroidism <br>3.Hypothyroidism<br>4.Rheumatoid arthritis <br>5.Bronchial Asthma<br>6.Type 2 Diabetes Mellitus <br>7.Type 1Diabetes Mellitus <br>8.COPD <br>9.Convuslive Disorder <br>10.Psychosis and Other<br>Chronic Psychiatric Problems <br>11.Oseto Arthritis <br>12.Psoriasis<br>13.Chronic Hepatitis <br>14.Cirrhosis<br>15.Nephrotic syndrome <br>16.Chronic kidney disease</td><td>MAHARAJA Institute of <br>Medical Sciences</td></tr> <tr><td>West <br>Godavari</td><td>DISTRICT HOSPITAL,<br>ELURU - (DH-ELR)</td><td>1.Hypertension <br>2.Hyperthyroidism <br>3.Hypothyroidism<br>4.Rheumatoid arthritis <br>5.Bronchial Asthma</td><td>ALLURI SEETHARAMARAJU<br>Academy Medical <br>Sciences (ASRAM)</td></tr> </tbody></table> </div> </div> </div> </div>

Monday, March 13, 2017

Consolidated instructions on Suspension

G.Os., Memoranda, U.O.Notes etc issued by Government of Andhra Pradesh

Vig.&Enf. Dept’s Memo.No. 1470/Ser.C/77-2 dt. 26-12- 77.
Several executive instructions were issued by Government to supplement the provisions of the Andhra Pradesh Civil Services (CCA) Rules on the question of the circumstances which would justify, placing a Government employee under suspension pending enquiries etc. The gist of some of the important instructions was communicated in Memo.No. 1470/Ser.C/77-2, dated 26-12-1977. A few other instructions on the subject of suspension were also issued from time to time. Inspite of the above, enquiries are being received on the question, frequently, from the Departments of Secretariat. It is, therefore, considered desirable to communicate the following important and frequently required instructions, some of which have already been included in the Memorandum cited, for information of the Departments of Secretariat and Heads of Departments. These instructions are only to supplement and clarify the provisions contained in the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963.

2. In Memo. No. 401/Ser.C/65-1, G.A. (Ser.C) Dept., dated 27-2-65 instructions were issued that Government servants may be placed under suspension under the following circumstances:

     i.             Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (eg., apprehended tampering with witness or documents);

    ii.         Where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the public servant is working; 

   iii.       Where the continuance in office of the Government servant will be against the wider public interest (other than those covered by (i) and (ii) such as there is a public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals particularly of corruption.

  iv.     Where allegations have been made against the Government servant and the preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental proceedings and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.

 NOTE:-  a) In the first three circumstances the disciplinary authority may exercise his discretion to place Government servant under suspension even when the case is under investigation and before a prima facie case has been established. 

b) Certain types of misdemeanour where suspension may be desirable in the four circumstances mentioned are indicated below: 
any offence or conduct involving moral turpitude;
                     i.        corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
                    ii.        serious negligence and dereliction of duty resulting in considerable loss to Government. 
                   iii.        Refusal or deliberate failure to carry out written orders of superior officers.

3. In confidential Memo.No. 204/Ser.C/76-3, G.A. (Ser.C) Department dated 31-5-76 it has been directed that the officers trapped in corruption be placed under suspension immediately and that if there is likely to be any interregnum between the trap and the actual relief of the trapped officer after being placed under suspension, the competent authorities should consider whether the officers could be transferred immediately to that material evidence is not destroyed and that arrangements should be made to relieve trapped officers forthwith.

4. In Memo.No. 488/Ser.C/81-1, G.A. (Ser.C), dt. 21-4-81 it was clarified that public interest should be the guiding factor in deciding the question of placing a Government servant under suspension. It was also clarified that as and when criminal charges are framed by a competent court against a Government servant, the disciplinary authority should consider and decide the desirability of placing such a Government servant under suspension if he is not already under suspension.

5. In Memo.No. 2213/Ser.C/66-8, G.A. (Ser.C), dt. 30-11- 66 instructions were issued that in order to ensure that suspension is not resorted to for simple reasons the Government have decided that where the reinstating authority held that the suspension of the employees was wholly unjustified and it made an order that for the period of suspension, the employee concerned be paid full pay and allowances, proceedings should be initiated under rule 19 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules against the officer who suspended the employee and the question of recovery from the pay of such officer the whole or part of the pecuniary loss caused to the Government due to payment of pay and allowances under F.R.54 should be considered.

6. According to Memo.No. 1993/Ser.C/65-4, G.A. (Ser.C), dt. 28-12-65 where the work and conduct of an employee who is appointed temporarily are not satisfactory he need not be placed under suspension pending enquiry as it involves financial loss to Government nor should disciplinary action be taken against him but he should be discharged in terms of his appointment, by an innocuous order so as to avoid complications.

7. In Memo.No. 1733/Ser.C/67-2, G.A. (Ser.C), dt. 3-8-67 instructions were issued that instead of placing an employee under suspension pending investigation into grave charges the desirability of transferring him to some other place or to allow him to go on leave may be considered.

8. As per the instructions issued in the Memo.No.904/ Ser.C/67-1, dated 29-5-1967 the necessity for continuance or otherwise of a Government employee under suspension is required to be reviewed by the‘ Government at intervals of not more than 6 months. The object is to ensure that Government employee placed under suspension is not continued under suspension indefinitely and that the necessity or otherwise for his continuance is reviewed periodically by Government so that if in any case it is felt that the further continuance of the Government employee involves unduehardship, necessary relief maybe granted, either by revoking the order of suspension and restoring him to duty or allowing him to proceed on leave.


9. It was laid down in the Memo.No. 904/Ser.C/67-1, dated 29-5-1967 that in cases of suspension and review the following procedure may be adopted:

(a) Where an employee is suspended the order may be so drawn up that he is suspended, pending enquiry, until further orders;

(b) When upon a review which may be ordinarily made at intervals of not more than six months, it is considered that he should be continued under suspension, the order that may be made after such review may be as follows:-

“The Government have reviewed the case of Sri .......................... who is under suspension pending enquiry and they have decided that he shall continue under suspension. The next review will be taken up at the end of six months from the date of this order”.

10. According to the instructions issued in Memo.No.365/ Ser.C/79-1, G.A.(Ser.C) Department dated 11-6-1970 the case of all officers who are, under suspension for six months irrespective of the fact, whether the cases are under investigation by the Anti- Corruption Bureau or pending enquiry before the T.D.P. or a departmental authority or pending trial before the court of Special Judge for Special Police Establishment and Anti-Corruption Bureau cases or pending with the Government will have to be reviewed by the Government and the Government should have adequate and sufficient material before them to judge the necessity or otherwise of the continuance of the suspension. The Director, Anti-Corruption Bureau should send his reports to the Government not only in respect of cases which are under investigation by the A.C.B. but also in cases pending enquiry before the Tribunal for Disciplinary Proceedings and trial in the court of the Special Judge for Special Police Establishment and Anti-Corruption Bureau Cases. He need not, however, send reports in cases where enquiries are being conducted by Departmental Authorities or in cases pending with the Government after the receipt of the Tribunal for Disciplinary Proceedings and the judgment of the Special Judge for the Special Police Establishment and Anti-Corruption Bureau cases.


11. In Memo.No. 1640/81-1, G.A. (Ser.C), dt. 2-1-82 instructions were issued, that in all cases of alleged malpractices relating to Leave Travel Concession suspension need not be resorted but disciplinary action may however, be initiated and that depending upon the outcome of the disciplinary action necessary further action may be taken either to recover the amount fraudulently drawn or/and award suitable punishment as per Classification, Control and Appeal Rules.

Suspension

Suspension

1) A Government Servant of the Andhra Pradesh Civil Services can be placed under suspension by the prescribed authority — where a disciplinary proceeding against him is contemplated or is pending, or where a case against him in respect of any criminal offence is under investigation, inquiry or trial, or where he has engaged himself in activities prejudicial to the interest of the security of the State, as per rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.

2) A member of the All India Services can be suspended under the same circumstances as per rule 3 of the All India Services (Discipline & Appeal) Rules, 1969. Similar provisions are available in the Rules and Regulations applicable to employees of the State Public Sector Undertakings. 

3) Public interest should be the guiding factor in deciding whether a Government servant including a Government servant on leave, should be placed under suspension and whether such action should be taken even while the matter is under investigation and before a prima facie case has been established. Certain circumstances under which it may be considered appropriate to place a Government servant under suspension are given below (Memo.No.401/65-1 G.A. (Ser.C) Dept. dt. 27-2-65; Memo.No. 768/ Ser.C/83-1 G.A. (Ser.C) Dept. dt. 25-8-83):

(i) where the continuance in office of the Government servant will prejudice investigation, trial or any inquiry eg. apprehended tampering with witnesses or documents;
(ii) where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which he is working; 
(iii) where the continuance in office of the Government servant will be against the wider public interest in circumstances other than those mentioned in items (i) and (ii), like where there is a public scandal and it is considered necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals particularly corruption; 
(iv) where a preliminary enquiry into allegations made has revealed a prima facie case justifying criminal or departmental proceedings which are likely to lead to his conviction and/or dismissal, removal or compulsory retirement from service; 
(v) where the public servant is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.
4) In the circumstances covered under items (i), (ii) and (iii), disciplinary authority may exercise his discretion to place the Government servant under suspension even when the case is under investigation and before a prima facie case has been established.
 
5) In the circumstances mentioned above, it may be considered desirable to suspend a Government servant for misdemeanours of the following types:
a)   an offence or conduct involving moral turpitude; 
b)   corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
c)   serious negligence and dereliction of duty resulting in considerable loss to Government;
d)   desertion of duty; 
e)   refusal or deliberate failure to carry out written orders of superior officers. In cases of types (c), (d), (e), discretion should be exercised with care. 
6) A Government servant may also be suspended by the competent authority in cases in which the appellate or revising or reviewing authority, while setting aside an order imposing the penalty of dismissal, removal or compulsory retirement directs that de novo inquiry should be held or that steps from a particular stage in the proceedings should be taken again and considers that the Government servant should be placed under suspension even if he was not suspended previously. The competent authority may in such cases suspend a Government servant even if the appellate or revising or reviewing authority had not given any direction that the Government servant should be suspended.

7) A Government servant against whom proceedings have been initiated on a criminal charge but who is not actually detained in custody eg. a person released on bail, may be placed under suspension by an order of the competent authority under clause (c) of rule 8(1) of the Andhra Pradesh Civil Services (CCA) Rules, 1991.

8) The Supreme Court, in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others, AIR 1980 SC 785, have made some observations about the need/desirability of placing a Government servant under suspension, against whom serious charges have been framed by a criminal court, unless exceptional circumstances suggesting a contrary course exist. As and when criminal charges are framed by a competent court against a Government servant, the disciplinary authority should consider and decide the desirability or otherwise of placing such a Government servant under suspension in accordance with the rules, if he is not already under suspension. If the Government servant is already under suspension or is placed under suspension, the competent authority should also review the case from time to time, in accordance with the instructions on the subject and take a decision about the desirability of keeping him under suspension till the disposal of the case by the court.

Section-59

Power to compound Offences

(1) Any forest officer, specially empowered in this behalf by the Government may accept compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed any forest offence, other than an offence under Section 52 or Section 55.

(i)        a sum of money not exceeding fifty rupees where such offence is of a trivial nature;
(ii)          a sum of money which shall not in any case be less than the value of the forest produce, or more than four times such value as estimated by such  forest officer, in addition to the value of the forest produce, where such offence involves any forest produce which in the opinion of the forest officer may be released.
(iii)         a sum of money which shall not in any case be less than the value of the forest produce or more than four times such value as estimated by such forest officer, where such offence involves forest produce which in the opinion of the forest officer should be retained by the Government.

(2) On receipt of the sum of money referred to in sub-section (1) by such officer:-

(i)         the accused person, if in custody, shall be discharged;
(ii)        the property seized shall, if it is not to be so retained, be released; and
       (iii)       no further proceedings shall be taken against such person or property.

Section-44

PENALTIES AND PROCEDURE

Seizure of property liable to confiscation and procedure thereupon

(1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence may be seized by any forest officer or police officer.

(2) Every officer seizing any property under this section shall place on such property or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded, without any unreasonable delay, either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorized by the Government in this behalf by notification (hereinafter referred to as authorized officer) or make a report of such seizure to the Magistrate:

Provided that where the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is not known, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to the Divisional Forest Officer.

(2-A) Where an authorised officer seizes under sub-section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed, in respect thereof, he may order confiscation of the timber or forest produce so seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence.

(2-B) No order of confiscating any property shall be made under sub-section (2-A) unless the person from whom the property is seized is given,-

(a) a notice in writing informing him of the grounds on which it is  proposed to confiscate such property;
(b) an opportunity of making a representation in writing within such reasonable time as may specified in the notice against the grounds for confiscation; and
(c) a reasonable opportunity of being heard in the matter.

(2-C) Without prejudice to the provisions of sub-section (2-B), no order of confiscation under sub-section (2-A) of any tool, rope, chain, boat or vehicle shall be madeif the owner thereof proves to the satisfaction of the authorised officer that it was used in carrying the property without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the tool, rope, chain, boat or vehicle in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.

(2-D) Any forest officer not below the rank of a Conservator of Forests empowered by the Government in this behalf by notification, may within thirty days from the date of the order of confiscation by the authorised officer under sub-section (2-A) either suo motu or on application call for and examine the record of that order and may make such inquiry or cause such inquiry to made and pass such orders as he may think fit:

Provided that no order, prejudicial to any person, shall be passed without giving him an opportunity of being heard.

(2-E) Any person aggrieved by an order passed under sub-section (2-A) or subsection (2-D) may, within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the property has been seized, and the District Court shall after giving an opportunity to the parties to be heard, pass such order as it may think fit and the order of the District Court so passed shall be final.

(3) Any forest officer not below the rank of a Forester, who or whose subordinate has seized any tools, ropes, chains, boats, vehicles or cattle under sub-section (1) and where he makes a report of such seizure to the Magistrate under sub-section (2) may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the Magistrate.

(4) Upon the receipt of any report under sub-section (2), the Magistrate shall, except where the offence is compounded, take such measures as may be necessary for the trial of the accused and the disposal of the property according to law.


(5) The property seized under this section, shall be kept in the custody of the forest officer not below the rank of a Forest Guard or the Village Headman until the compensation for compounding the offence is paid or until an order of the Magistrate directing its disposal is received.

Section-29

Power to make rules to regulate the transit possession of timber and other forest produce

(1)The Government may make rules to regulate-

(i) the floating of timber in the rivers in the State and the transit of timber and other forest produce by land or water;

(ii) the possession of teak wood of such value as may be specified in this behalf, or red-sanders wood by any person residing in any village within a radius of fifteen kilometres of such reserved forest as may be specified in this behalf.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may-

(a) specify the routes by which alone timber or other forest produce may be imported, exported or moved into, from or within the State;

(b) prohibit the import or export or moving of such timber or other forest produce without a permit from a forest officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such permit, or in the case of timber, without a transit-mark affixed by such officer;

(c) provide for the issue, production and return of such permit or in the case of timber, for affixing of transit-mark and for the payment of the fees therefor;

(d) provide for the stoppage, reporting, examination and marking of timber or other forest produce in transit in respect of which there is reason to believe that any money is payable to the Government on account of the price thereof, or on account of any duty, fee, royalty, or charge due thereon or to which it is desirable for the purpose of this Act to affix a mark;

(e) provide for-
(i) the establishment and regulation of depots and stations to which such timber or other forest produce shall be taken by those in-charge of it for examination, or for the payment of such money or in order that such marks may be affixed to it, the conditions under which such timber or other forest produce shall be brought to, stored at and removed from such depots or stations;

(ii) the setting up of a check-post or the erection of a barrier or both at such places as the Government may specify with a view to prevent or check the carrying of smuggled forest produce; and

(iii) the management and control of such depots, stations, check- posts or barriers and for regulating the appointment and duties of persons employed thereat;

(f)  prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest produce and throwing of grass, brushwood, branches or leaves into any such channel or river or any act which may cause such channel or river to be closed or obstructed.

(g) Provide for the prevention or removal of any obstruction of the channel or banks of any such river and for recovering the cost of such prevention or removal from the person whose act or negligence caused such obstruction:

(h) prohibit absolutely or subject to conditions in the entire State of Andhra Pradesh or within such local limits as may be specified, the establishment of pits or machinery for sawing, converting, cutting, burning, concealing or marking of timber, the altering or effacing of any marks on the same, of the possession or carrying of hammers or other implements used for making timber;

(i)   regulate the use of property marks for timber and the registration of such marks, declare the circumstances in which the registration of any property marks may be refused or cancelled; prescribe the time for which such registration shall hold good, limit the number of such marks that may be registered by any one person and provide for the levy of fees for such registration;

(j)   provide for the maintenance of accounts in respect of all classes of sandalwood and red-sanders wood stored in private lands, depots, markets or factories, for industrial or commercial purposes;

(k) provide for the protection of bridges, locks or other public works by regulating the floating of timber and the storing of such timber or other forest produce on river banks and authorising the seizure of such timber or other forest produce floated or stored in contravention of such rules or by which any damage to such work may have been caused and the detention and disposal of such timber or other forest produce until compensation has been made for the damage done.

(3) The Government may, by notification, direct that any rule made under this section shall not apply to such classes of timber or other forest produce or to such local area, as may be specified by them.

(4)(a) Whoever contravenes any rule made under this section shall be punishable-

(i) in every case, where such contravention relates to sandal-wood or red-sanders wood, with imprisonment for a term which shall not be less than three months but which shall not exceed one year and with fine which shall not exceed ten thousand rupees;

(ii) in any other case, with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

(b) If an offence under this section is committed, after sunset and before sunrise or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence, the Magistrate having jurisdiction may inflict double the penalty prescribed for such offence.

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