West Bengal Medical Education Service, West Bengal Health Service and West Bengal Public Health-cum-Administrative Service (Placement on Trainee Reserve) Rules, 2015

Update: Amendment vide No. HF-215 dated 06.03.2018

Update: Amendment vide No. HF-216 dated 06.03.2018

Update: Amendment vide No. HF-114 dated 07.01.2019

GOVERNMENT OF WEST BENGAL
DEPARTMENT OF HEALTH & FAMILY WELFARE
(MERT BRANCH)

No. HF/O/MERT/508/ME/TR-07-2012. – Kolkata, the 2nd day of June, 2015

NOTIFICATION

In exercise of the power conferred by section 21 of the West Bengal State Health Service Act, 1990, the Governor, in supersession of earlier notifications on the subject issued by this Department, is pleased hereby to make the following rules:-

Rules

1. Short title and commencement

(1) These rules may be called the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (Placement on Trainee Reserve) Rules, 2015.

(2) These rules shall come into force on the date of their publication in the Official Gazette.

2. Application of the rules

These rules shall be applicable for all categories of medical teachers under the employment of the West Bengal Medical Education Service, the medical Officers of all ranks in the West Bengal Health Service and the officers of the West Bengal Public Health-cum-Administrative Service (herein after referred to as officers).

3. Criteria for placement on trainee reserve

The following shall be the eligibility criteria for placement on trainee reserve as Government sponsored candidates:-

(a) for the officers of the West Bengal Medical Education Service, West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service,-

(i) a minimum of three years qualifying service under the employment of the Government of West Bengal in the respective cadre as determined on the thirty-first day of March of the concerned year and for the officers who have been appointed in any of the three cadre service from any of the two other cadre services, they must have put in at least three years’ service in the West Bengal Public health-cum-Administrative Service, the West Bengal Health Service and in the West Bengal Medical Education Service, taken together;

Provided that in case of the West Bengal Health Service, the minimum period of qualifying service required shall have to be actually rendered in rural areas in Primary Health Centers, Block Primary Health Centers and Rural Hospitals:

Provided further that the compulsory requirement of qualifying service rendered in rural areas may be relaxed or dispensed with in case of such specialist Medical Officers, who have been directly recruited through the Public Service Commission, West Bengal or the West Bengal Health Recruitment Board and appointed in State General Hospitals, Sub-divisional hospitals;

Explanation :- For the purposes of these rules, the term “rural area” shall include all areas in this State other than areas under Municipal Corporations, Municipalities, Notified Area Authorities, Cantonment Boards and industrial township.

(ii) Officers, who had acquired any, post-graduate degree, irrespective of the fact whether such degree was acquired with or without Government sponsorship, shall only be allowed to undergo postdoctoral courses and in no case shall be allowed any trainee reserve facilities for undergoing any other post-graduate degree or diploma courses. Officers with post graduate degree may be allowed trainee reserve for certain relevant and recognized or authorized Post- Doctoral Diploma courses provided that there are scopes of utilization of the qualification in the service and/or this is necessary for upgradation of the concerned discipline, as would be determined by the Health and Family Welfare Department from time to time. Officers in possession of any post graduate diploma, irrespective of the fact whether such diploma was acquired with or without Government Sponsorship, shall only be eligible for trainee reserve in post-graduate degree courses.

Provided that in case of the Officers of the West Bengal Public Health cum Administrative Service, above the level of Public Health-cum-Administrative Officer: Group B, who had acquired any post-graduate degree, irrespective of the fact whether such degree was acquired with or without Government sponsorship, may be allowed trainee reserve facilities for certain relevant post- graduate courses in the disciplines of Public Health, Epidemiology, Health Management, Hospital Management and related courses as enumerated in Schedule of these rules;

(iii) officers once placed on trainee reserve shall not be allowed any other facilities of trainee reserve, apart from any manner laid in clause (ii) of this rule;

(iv) the officers must not be more than fifty years of age onthe thirty-first day of March of the concerned year of placement on trainee reserve. However, no officer shall be eligible for trainee reserve in excess of a total period of eight years during his entire service tenure;

(v) for placement on trainee reserve for undergoing post-graduate degree or post-doctoral courses, other eligibility criteria as may be prescribed by the concerned University or concerned Institution both within the State or outside shall also determine the eligibility for being placed on trainee reserve. Officers joining any post-graduate course on trainee reserve shall not be allowed such facility in any other discipline, if not such change is determined by way of recounselling conducted by the same University for the same batch of post-graduate course entrants and for the same academic session;

(b) the officers of the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health cum Administrative Service shall be eligible to be placed on trainee reserve for the course as mentioned hereunder:-

(i) for the officers of the West Bengal Medical Education Services:

M.D. (Community Medicine or Social and Preventive Medicine), M.S. (Anatomy), M.D. (Microbiology), M.D. (Pharmacology), M.D. (Physical Medicine), M.D. (Physiology), M.D. (Forensic Medicine/forensic Medicine and Toxicology), M.D. (General Medicine), M.D. (Obstetrics and Gynaecology), M.S. (General Surgery), M.D. (Anesthesiology), M.D. (Radiodiagnosis/Radiology), M.D. (Radiotherapy), M.D.(Paediatric Medicine), M.S.(Ophthalmology), M.D. (Pathology), M. S. (Orthopaedics), M.S.(OtolaryngoIogy), M.D. (Nuclear Medicine), M.D.(Skin Dermatology /Dermatology and Venereology/Equivalent as per nomenclature permitted by the Medical Council of India), M.D. (Psychiatry), M.D. (Chest Medicine/Tuberculosis and Chest diseases), M.D. (Tropical Medicine), M.D. (Medical Genetics), M.D. (Immuno-hematology and Blood Transfusion), M.D. (Geriatric Medicine) and M.D. (Biochemistry) and all the post-doctoral courses including post-doctoral diploma/certificate courses in Neuroradiology, Radiation Medicine, Neuro-Anesthesiology or any such post-doctoral diploma/certificate courses as specified by-this department from time to time, or any such post-graduate and post-doctoral course in disciplines enumerated in this sub clause, approved by the National Board of Examinations (Diplomate of National Board) both within and outside the State as Government sponsored candidate; but only in those institutes outside the state where MD/MS are recognized;

(ii) for the officers of the West Bengal Health Service:

M.D. (Community Medicine/ Social and Preventive Medicine), M.D. (General Medicine), M.D. (Physical Medicine), M.D. (Obstetrics and Gynaecology), M.S. (General Surgery), M.D. (Anaesthesiology), M.D. (Radio-diagnosis/Radiology), M.D. (Paediatric Medicine), M.S. (Ophthalmology), M.D. (Pathology), M.S.(Orthopaedics), M.S. (Otolaryngology), M.D. (Skin/ Dermatology and Venereology/ Equivalent as per nomenclature permitted by the medical Council of India), M.D. (Psychiatry), M.D. (Radiotherapy), M.D. (Chest Medicine/Tuberculosis and Chest diseases), M.D. (Biochemistry), Diploma in psychiatric Medicine, Diploma in Medical Radiodiagnosis, Diploma in Anaesthesiology, Diploma in Clinical Pathology, Diploma in Orthopaedics, Diploma in Otolaryngology, Diploma in Ophthalmology, Diploma in Forensic Medicine, Diploma in Child Health, Diploma in Public Health, Diploma in Gynecology and Obstetrics, Diploma in Tropical Medicine and Hygiene., Diplomate/ Diploma/ Fellowship course in Family Medicine by Institute of Health and Family Welfare, Salt Lake, Kolkata; Diploma in Tuberculosis and Chest Medicine; Diploma in Dermatology, Venereology and Leprosy; Diploma in Medical Radiotherapy, and all post- doctoral courses including post-doctoral diploma/certificate courses as specified by the Department from time to time and any other authorized/ recognized post-graduate course relating to Hospital Administration or Public Health Management as may be declared by the Department from time to time both within and outside the State as Government Sponsored candidate; and for courses in different disciplines approved by the National Board of Examinations (DIPLOMATE OF NATIONAL BOARD), provided that Trainee Reserve for such courses outside the state will only be allowed for Anesthesiology, Psychiatry^ Radiodiagnosis, Physical Medicine, Pathology, Forensic & State Medicine, Radiotherapy. The officers of the WBHS/ WBPH&AS (up to the rank of Group B) shall also be allowed for placement on Trainee Reserve for undergoing DIPLOMATE OF NATIONAL BOARD Course on other subjects like General Surgery, General Medicine, Gynaecology & Obstetrics, E.N.T., Physical Medicine, Ophthalmology, Paediatrics and Orthopaedics in the institutes as follows: All Institutions of West Bengal Government, i.e. Hospitals where DIPLOMATE OF NATIONAL BOARD Course has been started or to be started; B.R. Singh Hospital & Centre for Medical Education & Research, Kolkata; Chittaranjan National Cancer Institute, Kolkata; Command Hospital, Eastern Command, Kolkata; National Institute for the Orthopedically Handicapped, Barah Nagar, Kolkata-90; South Eastern Railway Hospital, Garden Reach, Kolkata; Vivekananda Institution of Medical Sciences (Ramakrishna Mission Seva Pratisthan, Kolkata).

Provided that the Officers of the West Bengal Health Service who desire to prosecute post graduate courses in any of the subjects specified for the West Bengal Medical Education Services and the West Bengal Public Health cum Administrative Service as mentioned in sub clauses (i) and

(iii) of clause (b), shall only be allowed to do so if they execute a bond or an undertaking to serve in the West Bengal Medical Education Service or the West Bengal Public Health cum Administrative Service as the case may be, afterwards, if they are so directed by the State Government and selected by the competent authority.

(iii) for officers of the West Bengal Public Health cum Administrative Service:

MD (Community Medicine/Social and Preventive Medicine), Master in Public Health, Master in Applied Epidemiology, Diploma in Maternity and Child Health and other post graduate courses in public health, Epidemiology, health management, health and hospital administration, and related courses conducted by institutions of repute and affiliated by recognized Universities, both within and outside the State of West Bengal as Government sponsored candidate, as enumerated in the Schedule of these rules :

Provided that the Officers up to the rank of Public Health-cum-Administrative Officer: Group B shall also be eligible for trainee reserve facilities for prosecuting all courses enumerated in subclause (ii) of clause (b) as Government Sponsored candidates;

(iv) Course recognized by the Medical Council of India or courses approved by the National Board of Examinations (DIPLOMATE OF NATIONAL BOARD) will only be allowed to be prosecuted outside this State subject to the condition that for postgraduate courses in public health, Epidemiology, health management, health and hospital administration, and related courses, recognition by Medical Council of India may not be mandatory, provided that the course is conducted by Institutions of repute and affiliated by recognized Universities and included in the Schedule of these rules.

Note:- The number of seats available for the different courses run by the West Bengal University of Health sciences and other Universities, within this State, for the officers of the West Bengal Health Service, the West Bengal Medical Education Service and the West Bengal Public Health cum Administrative Service shall be specified from time to time by the Department of health and Family Welfare, Government of West Bengal.

4. Execution of bond

(1) The Medical Officers of the West Bengal Health Service, the West Bengal Medical Education Service and the West Bengal Public Health cum Administrative Service shall have to execute a bond in triplicate prior to proceeding on trainee reserve, to such effect that they shall serve in their respective cadre or service or in any of them (subject to the provisions of other rules in force) for a minimum period of three years or the date of superannuation, as the case may be, for two years or lesser duration courses, and five years or the date of superannuation, as the case may be in case of three years post-graduate courses or postdoctoral degree courses and, for minimum period of ten years or the date of superannuation, as the case may be in case of courses of more than three years, on return from trainee reserve, failing which such officer(s) shall refund to the State Government the amount of money, in the manner prescribed below:-

(i) for post-graduate courses of more than three years duration – twenty-five Lakh rupees,
(ii) for post-graduate courses of three years duration – fifteen Lakh rupees,
(iii) for post-graduate courses of two years duration or less – ten lakh rupees;

(2) No officer shall be allowed to resign or retire voluntarily or to be placed on lien during the period of service required in the bond.

(3) Any officer who discontinue or drops out of any post-graduate course in which he had been placed on trainee reserve, has to refund the amount of money as specified in sub-rule (1) and shall forgo any further privilege of being placed on trainee reserve, and the period which he has spent on trainee reserve shall be adjusted against his admissible leave.

5. Procedure for application and placement on trainee reserve

The Officers of the West Bengal Health Service, the West Bengal Medical Education Service and the West Bengal Public Health cum-Administrative Service only when eligible under these rules can directly apply to any University or Institution for appearing in the post-graduate Entrance Examination and after being selected or being invited for counseling before admission, shall apply to the Director of Health Services or to the Director of Medical Education for sponsorship certificates. In cases wherever the concerned University or Institution requires a sponsorship certificate, for appearing in the post-graduate Entrance Examination or otherwise only the eligible candidates can directly apply to the Director of Health Service or Director of Medical Education who shall be the competent authority for such matter. After such process is over, placement orders for trainee reserve will be issued by the Department of Health and Family Welfare and thereafter such officers will proceed on trainee reserve and execute bonds as specified in rule (4) of these rules.

6. Eligibility for further Government Sponsorship

No officer shall be allowed any further trainee reserve unless he had served in his respective cadre or service or in any of them (subject to the provisions of other rules in force) for two years after passing any Diploma and three years after passing any Degree Course, in which he had been placed on TR earlier (cutoff date being 31st March of the concerned year). The bond period and bond money of the said two courses will be carried forward and computed summatively after the incumbent had completed the second course.

7. Bar to Study and trainee reserve other than approved by the State Government

No officer shall be allowed to undergo studies on trainee reserve in any manner other than being sponsored by the State Government. However, for short duration training courses other than those specified in rule 3 (b), the Department of Health and Family Welfare may allow sponsorship and place such officer on trainee reserve, or, allow such officer to undergo such course by availing leave as felt expedient by the Department in accordance with the provisions contained in sub-rule (1).

8. Penalty

Violation of these rules shall render the concerned officer or the authority issuing sponsorship certificates liable to disciplinary proceedings and penalty in accordance with the West Bengal Services (Classification, Control and Appeal) Rules, 1970 or the rules regulating the conditions of service of the authority issuing sponsorship certificates, as the case may be.

9. Discretion of Government

Notwithstanding anything contained in these rules, the placement on trained reserve as a Government sponsored candidate shall be under the sole discretion of the Department of Health and Family Welfare even when an officer had been selected for a course and had been given a sponsorship certificate therefor from the competent authority.

Schedule (See rule 3)

The following shall be the list of relevant postgraduate courses in the disciplines of Public Health, Epidemiology, Health Management, Hospital Management and other related courses:

By order of the Governor,

Sd/- MALAY KUMAR DE
Principal Secretary to the
Government of West Bengal
Health and Family Welfare Department

No. HF/O/MERT/508 dated 02.06.2015, Source