Prohibition of Violence Against

Medicare service personnel and

damage to property in Medicare
service institutions Act
J A N E T. S . B , A S S I S TA N T P R O F E S S O R , D E PA RT M E N T O F H O S P I TA L A D M I N I S T R AT I O N , S T.
J O H N ’ S M E D I C A L C O L L E G E H O S P I TA L
Introduction

An Act to prohibit violence against Medicare service personnel

and damage to property in Medicare service institutions and for
matters connected therewith and incidental thereto.
Bill
Introduced in the Rajya Sabha on 13th February 2009
To protect the Medicare service persons and Medicare service
institutions from violence and damage to property and impose
punishment on the offender and for matter connected there with
and incidental thereto.
Short title, extent and commencement.
Be it enacted by Parliament in the Fifty-ninth Year of the Republic of
India as follows:—
SECTION 1
(1) This Act may be called the Medicare Service Persons and
Medicare Service Institutions (Protection from Violence and Damage
to Property) Act, 2008.
(2) It extends to the whole country.
Definitions
SECTION 2
In this Act, unless the context otherwise requires,—
(a) “Medicare Service Institutions” mean all institutions providing medical care to
people which are under the control of States or Central Government or Local Bodies
etc., including any private hospital having facilities for treatment of the sick and used
for their reception or stay; any private maternity home where women are usually
received and accommodated for the purpose of confinement and anti-natal and
post-natal care in connection with child birth or anything connected therewith; and
any private nursing home used or intended to be used, for the reception and
accommodation of persons suffering from any sickness, injury or infirmity whether of
body or mind and providing of treatment for nursing or both of them and includes a
maternity home or convalescent home, etc.,
Definitions
(b) “Medicare Service Person” include:—
(i) Registered Medical Practitioners, working in Medicare Institutions
(including those having provisional registration);
(ii) Registered Nurses;
(iii) Medical Students;
(iv) Nursing Students;
(v) Para Medical Workers employed and working in Medicare Service
Institutions;
Definitions
(c) “Offender” means any person who either by himself or as a
leader of a group of persons or an organization, commits or attempts
to commit or abets or incites the commission of violence under this
Act; and
(d) “Violence” means activities of causing any harm, injury or
endangering the life or intimidation, obstruction or hindrance to any
Medicare service person in discharge of duty in the Medicare service
institution or damage to property in Medicare service institution.
Prohibition of violence and Penalty
SECTION 3 (Prohibition of violence)
Any act of violence against Medicare Service persons or damage to property in a
Medicare Service institution is prohibited.
SECTION 4 (Penalty)
Any offender, who is found guilty of Committing an act in contravention of section
3, shall be punishable with imprisonment for a term of three years and with fine
which may extend to fifty thousand rupees.
SECTION 5 (Offence to be Cognizable and non bailable. )
Any offence committed under section 3, shall be cognizable and non-bailable.
Recovery of loss for the damage caused
to property
SECTION 6
(1) In addition to the punishment specified in section 4, the offender
shall also be liable to a penalty of twice the amount of purchase
price of medical equipment damaged and the loss caused to the
property as determined by the Court trying the offender.
(2) If the offender fails to pay the penal amount under sub-section
(1), the said amount shall be recovered from him under the
provisions of this Act as if it were an arrear of land revenue.
Overriding effects AND Power to make
rules
SECTION 7 (Overriding effects )
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being
in force on the subject and save as aforesaid the provisions of this Act
shall be in addition to and not derogation of any other law for the time
being in force.
SECTION 8 (Power to make rules)
The Central Government may by notification in the official Gazette,
make rules for carrying out the purpose of this Act.
Thank You!!!