• Law for working hours of doctors in govt civil hospitals

Is there any citation for working hours of doctors in govt civil hospitals beside the uniform residency scheme cited by supreme court or this scheme is also applicable to govt civil hospitals.
Asked 4 years ago in Civil Law

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16 Answers

Government of India had sent consolidated instructions to all states and union territories vide letter number S-11014/3/91 ME(P) regarding implementation of Uniform Central Residency Scheme after the directives of the Supreme Court in its judgment dt. 25.9.87 in writ petition No. 348-352 of 1985,

 

2)Continuous active duty for resident doctors will not normally exceed 12 hours per day.

 

3) Subject to exigencies of work the resident doctors will be allowed one weekly holiday by rotation.

 

4) The resident doctors will also require to be on call duty not exceeding 12 hours at a time.

 

5) The junior Residents should ordinarily work for 48 hours per week and not more than 12 hours at a stretch subject to the condition that the working hours will be flexible as may be decided by the Medical Superintendents concerned keeping in view the workload and availability of doctors for clinical work.”

Ajay Sethi
Advocate, Mumbai
94922 Answers
7573 Consultations

5.0 on 5.0

file writ petition in HC against  working hours in govt hospital 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7573 Consultations

5.0 on 5.0

Even the Uni. resi. sch. is not duly implemented by govt. till date. Last year Delhi high court emphasised the need to have fixed hours for doctors and directed the center about step taken in this regard but might the issues is closed without any effective order due to hollow assurance by center. 

And except in emergency, URS applies to all irrespective doctors.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

The ministry of health and family welfare,

Government of India had sent consolidated

instructions to all states and union territories vide

letter number S-11014/3/91 ME(P) regarding

implementation of Uniform Central Residency

Scheme after the directives of the Supreme Court in

its judgment dt. 25.9.87 in writ petition No. 348-352

of 1985,

With respect to working hours, the directive is:

"Continuous active duty for resident doctors will

not normally exceed 12 hours per day. Subject to

exigencies of work the resident doctors will be

allowed one weekly holiday by rotation. The

resident doctors will also require to be on call duty

not exceeding 12 hours at a time. The junior

Residents should ordinarily work for 48 hours per

week and not more than 12 hours at a stretch

subject to the condition that the working hours will

be flexible as may be decided by the Medical

Superintendents concerned keeping in view the

workload and availability of doctors for clinical

work."

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can file writ petition before high court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file writ petition in high court for the same

Prashant Nayak
Advocate, Mumbai
32072 Answers
183 Consultations

4.1 on 5.0

file contempt.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

They need to implement else it will be contempt of court and action can be taken against them

Prashant Nayak
Advocate, Mumbai
32072 Answers
183 Consultations

4.1 on 5.0

You can take out contempt of court proceedings if court orders are not implemented 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7573 Consultations

5.0 on 5.0

you can file contempt petition.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The working hours are specifically stated in the manual and other documents of the hospital.

 The SC has stated this too as you have written.

You should file a complaint with the medical council of India about this matter.

 

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

The authorities are bound to implement the law.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

If they do not they are in contempt and contempt proceedings should be initiated against them in the high court.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

 

 

There is a law in place to regulate the working hours of resident doctors in India. Unfortunately, it isn't followed anywhere.

The ministry of health and family welfare, Government of India had sent consolidated instructions to all states and union territories vide letter number S-11014/3/91 ME(P) regarding implementation of Uniform Central Residency Scheme after the directives of the Supreme Court in its judgment dt. 25.9.87 in writ petition No. 348-352 of 1985,

With respect to working hours, the directive is:

Continuous active duty for resident doctors will not normally exceed 12 hours per day. Subject to exigencies of work the resident doctors will be allowed one weekly holiday by rotation. The resident doctors will also require to be on call duty not exceeding 12 hours at a time. The junior Residents should ordinarily work for 48 hours per week and not more than 12 hours at a stretch subject to the condition that the working hours will be flexible as may be decided by the Medical Superintendents concerned keeping in view the workload and availability of doctors for clinical work.”

T Kalaiselvan
Advocate, Vellore
85124 Answers
2215 Consultations

5.0 on 5.0

 

Delhi HC emphasized the need to have fixed working hours for doctors and a standard for Doctor-Patient ratio in Hospitals, after a report found that prominent Government Hospitals in the city to be overcrowded.

HC Bench comprising of Acting Chief Justice Gita Mittal and Justice C Hari Shankar acknowledged that doctors have to work for excessive hours in absence of prescribed standard working hours.

Delhi HC took note of Report prepared by the National Accreditation Board for Hospitals (NABH), which is a Private Body which falls under Quality Council of India (QCI).

 

Thus you can approach high court with a writ petition on this subject.

 

T Kalaiselvan
Advocate, Vellore
85124 Answers
2215 Consultations

5.0 on 5.0

Then you can file a contempt of court petition against the authority which fails to obey the court order  or to implement the court order

T Kalaiselvan
Advocate, Vellore
85124 Answers
2215 Consultations

5.0 on 5.0

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