27. Treatment expenses:
(1) A Judge shall be entitled to the medical expenses in the following amount incurred in his or her treatment upon falling ill.
(a) Expenses according to the bills of a hospital of expenses incurred in admitting to the hospital and doing treatment there, and expenses of medicines purchased according to the prescription of the doctor of the hospital.
Provided that, the prescription of doctor has to set down the diagnosis of disease.
(b) Fees charged by and expenses of medicines purchased as per the prescription issued upon examination by any registered or recognized doctor, Kaviraj, Vaidhya, or health assistant for the treatment of disease where there is no hospital or where it is not necessary to be admitted to a hospital despite the existence of a hospital or where he or she could not admit into the hospital or after discharge from the hospital. Provided that, the prescription of doctor has to set down the diagnosis of disease.
(c) Expenses as per the bill of expenses incurred in doing surgical operations.
(d) Expenses as per the bill of expenses in an amount not exceeding Seven Hundred Rupees at a time not exceeding Two Thousand Three Hundred Rupees during the whole period of service for the equipment including spectacles, teeth, earphone etc.
(e) Where it is required to leave his or her house or rented house and undergo treatment in another district or a foreign country, the whole amount incurred in the
transportation of the patient to and from such a place and the whole amount incurred in the transportation of one attendant is such attendant is required, and
Seventy Five percent of the daily allowance to which he or she is entitled for the food expenses.
(2) Notwithstanding anything contained in Sub-section (1), no treatment expenses shall be provided for the expenses of less than Two Hundred Rupees at a time, and no treatment expenses of more than Twelve months’ remuneration receivable by the Judge throughout the whole period of service shall be provided. Provided that, Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate for the treatment of a Judge within Nepal if the medical board constituted by the Government of Nepal recommends for such treatment and for treatment in a foreign country if such medical board recommends that his or her treatment cannot be done within Nepal and should be done in a foreign country, and this assistance shall be in addition to the treatment expenses to which he or she is entitled pursuant to Sub-section (1).
(3) If a Judge wishes to obtain the treatment expenses receivable pursuant to this Section as an advance, such advance may be provided on the condition of adjustment of amount subsequently, subject to Sub-section (2), and if, upon such subsequent adjustment, the amount to received as an advance exceeds the amount to which he or she is entitled, such excess amount shall be deducted by installments from his or her remuneration. Provided that, if the Judge dies prior to payment of the amount to be so deducted, the remaining amount to be deducted shall be remitted.
(4) If any of his or her family members falls ill, a Judge shall be entitled to Ninety percent amount of the treatment expenses as per the bill up to half the amount of treatment expenses receivable pursuant to Subsection (2) on the condition that such amount shall be deducted from the maximum amount of treatment expenses receivable pursuant to that Subsection.
In making a request for such treatment expenses, a doctor’s prescription mentioning the diagnosis of disease has also to be submitted.
Provided that the treatment expenses receivable pursuant to this Subsection shall, at one time, not exceed One month’s remuneration of the Judge.
(5) If any of his or her family members falls ill and has to undergo treatment in a foreign country or to undergo operation or treatment upon being admitted to a hospital within Nepal, a Judge shall be entitled to Ninety percent amount of the treatment expenses as per the bill of expenses and treatment expenses incurred as per the treatment prescription of hospital, out of the amount receivable by the Judge pursuant to Sub-section (2).
(6) Notwithstanding anything contained in Sub-sections (4) and (5), if the husband or wife, mother or father of a Judge, living in an undivided family, is an incumbent employee in any governmental service or in the service of a corporation under governmental ownership and control, he or
she shall not be entitled to such treatment expenses.
(7) If, at the time of retirement of a Judge, the treatment expense is remaining, with or without taking some or none of the treatment expenses receivable during the total period of service pursuant to Sub-section (2), the Judge shall be entitled to33 a lump sum amount to be set by Two-Thirds of that remaining amount of treatment expenses after his or her retirement.
Provided that, a Judge who is retired with entitlement to pension shall, at the time of such retirement from service, be entitled to a lump sum payment of the whole of such remaining amount, and to a lump sum amount of additional Ten percent amount, in addition to such remaining amount, if a Judge of Court of Appeal has served for Fifteen years and a
Judge of District Court has served for Twenty Five years.
(8) Notwithstanding anything contained in Sub-section (7), a Judge who has already taken treatment expenses for having served in the government service shall be entitled to only the amount that remains after deducting the treatment expenses so taken previously.
(9) Except in the following circumstances, no treatment expenses, in relation to himself or herself and his or her family as well, shall be provided to a Judge in a sum exceeding One and half month’s remuneration being earned by him or her, in one year:
(a) If it is necessary to undergo treatment in a foreign country or to undergo treatment upon being admitted to a hospital in Nepal pursuant to this Section.
(b) In having treatment of family pursuant to Sub-section (5).
(10) If a Judge dies prior to receiving the treatment expenses receivable pursuant to this Section, the person as specified in Sub-section (1) of Section 29 shall be entitled to such treatment expenses.
(11) The details of the treatment expenses received by a Judge pursuant to this Section shall be maintained in the records of leave and personal records of the Judge.
