Leaving bond service midway: Rs 40 lakh penalty set for MD, MS, MDS doctors, Rs 20 lakh for PG Diploma in Tamil Nadu

Chennai: Service and Non-Service Candidates taking admission into Postgraduate Medical Degree, Diploma, and MDS Courses in the Government medical and dental colleges and government seats in self-financing institutes will have to execute a bond of Rs 40 lakh to Rs 20 lakh at the time of their admission. For PG degree courses, candidates will have to sign a bond of Rs 40 lakh and for PG Diploma Rs 20 lakh.

Releasing the prospectus for admission to PG Medical Degree/Diploma and MDS courses, the State Directorate of Medical Education and Research has specified details about the admission including application fee, security deposit, eligibility criteria, process of filling and submitting application, salary or stipend paid to the students, etc.

While discussing the legal obligations of the PG medical and dental students, the prospectus also mentioned about the criteria of bond that the students need to execute at the time of admission.

Although the State has kept the bond amount and tenure of bond same for both the PG medical and dental courses, there are differences in the execution of the bond in the case of service and non-service candidates.

Bond Amount and Tenure for Service Candidates: 

Referring to the service candidates taking admission into PG Medical Degree/Diploma or MDS courses, the State mentioned in the respective prospectus that such candidates are provided salary (Pay+DA) during the study period. Therefore, they are mandatorily obligated to serve the Government till superannuation after completion of the PG course.

Service Candidates having more than five years of service after completion of course: 

In the case of the service candidates having more than five years of service after completing the MDS or PG Degree or Diploma courses, the Prospectus mentioned that they will have to execute a bond of Rs 20 lakh on admission to PG Diploma courses and Rs 40 lakh for admission to PG Degree courses. They will also have to submit an undertaking stating that they will serve the State till superannuation.

The Prospectus for admission to PG Medical Degree/Diploma courses stated, "All Service Candidates of Tamil Nadu having more than five years of service after completing the PG Degree / Diploma Courses shall execute a bond for a sum of ₹20,00,000/- (Rupees Twenty lakh only) on admission to Post Graduate Diploma courses 2023-2024 session and ₹40,00,000/- (Rupees Forty Lakh only) on admission to Post Graduate Degree courses 2023-2024 session as security amount with the undertaking that they will serve the Government of Tamil Nadu till Superannuation with three sureties."

Similarly, the Prospectus for admission to MDS courses mentioned, "All Service Candidates of Tamil Nadu having more than five years of service after completing the MDS Courses shall execute a bond for a sum of ₹20,00,000/- (Rupees Twenty lakh only) on admission to Post Graduate Diploma courses 2023- 2024 session and ₹40,00,000/- (Rupees Forty Lakh only) on admission to Post Graduate Degree courses 2023-2024 session as security amount with the undertaking that they will serve the Government of Tamil Nadu till Superannuation with three sureties. "

Referring to the requirement to submit sureties, both the prospectus mentioned, "Two sureties should be from permanent Government employee in the same or higher rank than the candidate. One surety should be from the spouse/ parent of the candidate. PAN numbers of the sureties should be furnished. The prescribed form of bond is enclosed in Annexure IV. The bond will become infructuous if the service candidates serve the Government of Tamil Nadu after the completion of the Course until superannuation."

Service Candidates having less than 5 years of service after completing course: 

The terms of bond service are different for the service candidates of the State who have less than 5 years of service after completing their MDS/ PG Degree/ Diploma courses. Such candidates will have to serve the State for a period of 5 years from the date of clearing the examination irrespective of the date of superannuation, if the Government requires their services.

"They have to furnish an undertaking to this effect at the time of joining the course," mentioned the prospectus.

The State clarified that in cases where the candidates who have completed the PG medical or MDS courses decide to discontinue their service through resignation or voluntary retirement, they shall be obligated to "pay a compensation of Rs Forty Lakhs." If the candidates do not join service immediately after completion of PG medical/MDS courses or a sum proportionate to the period left unserved will be levied as compensation, mentioned the prospectus.

It has further been mentioned in the prospectus that the candidates are obligated to pay "an interest rate on the compensation amount which shall be equal to the rate of interest for housing loan of Government of Tamil Nadu. This interest will be calculated from the date of issuance of the compensation demand by the concerned office."

"If the concerned individual absconds from service he is liable to be prosecuted for compensation under Revenue Recovery Act," the prospectus further mentioned.

Bond Service Conditions for Non-Service Candidates: 

For both the PG Degree/Diploma and MDS candidates, the State has made it mandatory for them to serve the Government for a period of two years within the period of three years from the date of completion of the concerned course (PG Degree/Diploma/MDS).

While their bonds will be considered as infructuous after completion of the bond period, in case they fail to comply with the bond terms, they will be liable to pay Rs 40 lakh penalty or a sum proportionate to the period left unserved. Further, they will also have to pay interest on the amount of compensation.

Further, the State has clarified that if the non-service candidates are unable to serve the State, their original certificates will be retained by the Government and will be released only after the expiry of the said period.

The non-service candidates including the candidates selected through 50% All India Quota will have to execute a with three sureties for Rs 20 lakh for admission to PG Diploma courses and Rs 40 lakh for admission to PG Degree courses with an undertaking to serve the State for not less than two years.

The following are the terms of bond service for the non-service PG Medical Degree/Diploma and MDS candidates in Tamil Nadu Government medical/dental colleges or the government seats in private institutes:

PG Degree/Diploma Course:

• The candidates who have joined in Government Medical colleges are provided stipend during the study period and hence are mandatorily obligated to serve the Government of TN for a period of 2 years within the period of 3 years from the date of completion of PG course.

• The candidate on completion of PG Course is liable to serve the Government of TN for a period of 2 years within the period of 3 years from the date of completion of PG course.

• On completion of the bond period, the bond signed by the candidate shall be considered as infructuous.

• In cases where the candidates who have completed the PG course and have been posted to serve the TN Medical service but does not comply with the directives shall be obligated to pay a compensation of Rupees Forty Lakhs or a sum proportionate to the period left un served will be levied as compensation.

• The individual is also obligated to pay an interest rate on the compensation amount which shall be equal to the rate of interest for housing loan of Government of Tamil Nadu. This interest will be calculated from the date of issuance of the compensation demand by the concerned office.

• If the concerned individual absconds from service he is liable to be prosecuted for compensation under Revenue Recovery Act.

(f) Non-service candidates including candidates selected through 50% All India Quota will be paid stipend till the age of 60 years only. For Service candidates, if their study period extends after superannuation (i.e. after 60 years) they will be given stipend on par with the non-service candidates.

(g) Non-service candidates including candidates selected through 50% All India Quota who completes the following scarce specialties will have to work for a period of 2 years within the period of 3 years after completing the course, if the Government requires their services. They will be given salary on par with the salary of new recruits in the Tamil Nadu Medical Service. They should also furnish an undertaking to this effect at the time of joining the course.

PG (Medical) DEGREE / DIPLOMA COURSES

(h) Non-Service candidates including candidates selected through 50% All India Quota shall execute a bond with three sureties for a sum of ₹20,00,000/- (Rupees Twenty Lakh only) on admission to Post Graduate Diploma courses 2023-2024 session and ₹40,00,000/- (Rupees Forty Lakh only) on admission to Post Graduate Degree courses 2023-2024 session with an undertaking that they shall serve the Government of Tamil Nadu for a period of not less than two years, if the Government requires their services. During the above period, they will be paid salary on par with the fresh recruits of the Tamil Nadu Medical Services.

The Government of Tamil Nadu will reckon their services for a period of 2 years within the period of 3 years from the date of completion of their Postgraduate Degree/ Diploma Courses. Out of three sureties two sureties should be from permanent Government employee in the same or higher rank than the candidate and one surety should be from spouse / parent of the candidate. PAN numbers of the sureties should be furnished. The prescribed form of bond is enclosed in Annexure IV. The bond will become infructuous if he/she serves under the Government of Tamil Nadu for a minimum period of 2 years.

Non-service candidates including candidates selected through 50% All India Quota, if they discontinue course they have to pay the total amount of penalty (Discontinuation Fee as per Clause 24 (c) and the stipend received).

(i) If the Government requires the services of Non-service candidates including candidates selected through 50% All India Quota, who are unable to serve the Government for any reason during the above said period, his/her original certificates will be retained by the Government and will be released only after the expiry of the above said period (as mentioned in clause 36 (h).

(j) The Security bonds are governed by Clause I under exemption under Article 57 of Schedule – I of the Indian Stamp Act of 1879 (Central Act II of 1879). Hence the Security Bonds executed need not be stamped.

MDS Course:

• The Selected candidates are provided stipend during the study period and hence are mandatorily obligated to serve the Govt of TN for a period of 2 years with in the period of 3 years from the date of completion of MDS course.

• The candidate on completion of MDS Course is liable to serve the Govt of TN for a period of 2 years within the period of 3 years from the date of completion of MDS course.

• On completion of the bond period, the bond signed by the candidate shall be considered as infructuous

• In cases where the candidates who have completed the MDS course and have been posted to serve the TN Medical service but does not comply with the directives shall be obligated to pay a compensation of Rupees Forty Lakhs or a sum proportionate to the period left un served will be levied as compensation

• The individual is also obligated to pay an interest rate on the compensation amount which shall be equal to the rate of interest for housing loan of Govt. of Tamil Nadu. This interest will be calculated from the date of issuance of the compensation demand by the concerned office.

• If the concerned individual absconds from service he is liable to be prosecuted for compensation under Revenue Recovery Act.

(f) Non-service candidates including candidates selected through 50% All India Quota will be paid stipend till the age of 60 years only. For Service candidates, if their study period extends after superannuation (i.e. after 60 years) they will be given stipend on par with the non-service candidates.

(g) Non-service candidates including candidates selected through 50% All India Quota who completes the following scarce specialties will have to work for a period of 2 years within the period of 3 years after completing the course, if the Government requires their services. They will be given salary on par with the salary of new recruits in the Tamil Nadu Medical Service. They should also furnish an undertaking to this effect at the time of joining the course.

(h) Non-Service candidates including candidates selected through 50% All India Quota shall execute a bond with three sureties for a sum of ₹20,00,000/- (Rupees Twenty Lakh only) on admission to Post Graduate Diploma courses 2023-2024 session and ₹40,00,000/- (Rupees Forty Lakh only) on admission to Post Graduate Degree courses 2023-2024 session with an undertaking that they shall serve the Government of Tamil Nadu for a period of not less than two years, if the Government requires their services. During the above period, they will be paid salary on par with the fresh recruits of the Tamil Nadu Medical Services. The Government of Tamil Nadu will reckon their services within a period of 2 years within the period of 3 years from the date of completion of their Postgraduate Degree/ Diploma Courses. Out of three sureties two sureties should be from permanent Government employee in the same or higher rank than the candidate and one surety should be from spouse / parent of the candidate. PAN numbers of the sureties should be furnished. The prescribed form of bond is enclosed in Annexure IV. The bond will become infructuous if he/she serves under the Government of Tamil Nadu for a minimum period of 2 years.

Non-service candidates including candidates selected through 50% All India Quota, if they discontinue course they have to pay the total amount of penalty (Discontinuation Fee as per Clause 24 (c) and the stipend received).

(i) If the Government requires the services of Non-service candidates including candidates selected through 50% All India Quota, who are unable to serve the Government for any reason during the above said period, his/her original certificates will be retained by the Government and will be released only after the expiry of the above said period (as mentioned in clause36 (h)).

(j) The Security bonds are governed by Clause I under exemption under Article 57 of Schedule – I of the Indian Stamp Act of 1879 (Central Act II of 1879). Hence the Security Bonds executed need not be stamped.

To view the notice, click on the link below –

https://medicaldialogues.in/pdf_upload/gq-213751.pdf

https://medicaldialogues.in/pdf_upload/gq-213772.pdf

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