PUNJAB GOVT GAZ. (EXTRA.), OCT. 30, 2008
(KRTK. 8, 1930 SAKA)
PART I
DEPARTMENT OFLEGAL AND LEGISLATIVE AFFAIRS. PUNJAB
Notification
The 30th October. 2008
No. 29-Leg./2008.-The following Act of the Legislature of the ate of Punjab received the assent of Governor of Punjab on the 10th October, 2008, and is hereby published for general information :
THE PUNJAB PROTECTION OF MEDICARE SERVICE
PERSONS AND MEDICARE SERVICEINSTITUTIONS
(PREVENTION OF VIOLENCE AND DAMAGE TO
PROPERTY) ACT, 2008
(Punjab Act No. 26 of 2008)
AN
ACT
to provide for the protection of Medicare Service Persons and Medicare Service Institutions in the State of Punjab and for prevention of violence and damage to ihe property and for the matters connected therewith or incidental thereto.
BEit enacted by the Iegislature of the State of Punjab in the Fifty ninth Year of the Republic of India as follows :
1.(1) This Act may be called the Punjab Protection of Medicare Short itle and Service Persons and Medicare Service Institutions (Prevention of Violence commencement. and Damage to Property) Act, 2008.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires,
(a) "Medicare Service Institution" means an institution. providing medicare servicc either in the Medicare Service Institution or through Mobile Medical Unit or by arranging medical camps, which is under the control of the Central Government or the State Government or a local body including any private hospital having faciliy of treatment of the sick and used for their reception or stay, any private maternity home, where women are usually received and accom1modated for the purpose of confinement and ante-natal and post-natal care in connection with the 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 trom any sickness. injury or infirmity whether of body or nind. and providing of treatment of nursing or both of them and includes convalescent home ;
Definitions
J B T AZ. TRA), CT. 0, 08 11
TK. 8. 30 SAKA)
I
DFPARTMENT OF I EGAL GI LATIVE FFAIRS. J
otifi at
h t ctober.
o. 9- eg./ 008.—The o i g ct f egislature of pl of Punjab received the assent of Governor of Punjab on the 10th ctober, 008, is er y ubli ed r general ation —
J B TECTI N EDI RE VI E
NS EDI RE VICE I STI UTIONS
TI N CE AGE
PERTY) CT,
nj ct No. 26 of 2008) to vi e the protection edicare Service er ns edicare Service Institutions in the State of Punjab and for prevention of violence and damage to the property and for the matters connected therewith or n den al o
Be it enacted by the Legislature of the State of Punjab in the Fifty- ninth ear of the epublic of India as follows —
1.(1) hi Act a l nj r tecti n of Medicare ort title
r i e r s edicare r i e t t ns enti n iol ce mencement. and Damage to Property) Act, 2008.
(2) al n at once. ct, l s h t xt ise requires,— Definitions ( ) " edicare r i t n" ea s t ti n, i i edicare service either in the edicare r i t n h o Mobile Medical nit
arranging medical camps, which is under the control h Central over ent h over ent
a local body including any private hospital having facility rea ment the sick for their reception or
a . y aternit me, her e
usually received ccommodated for the of
n ent ante-natal post-natal care in
connection with the child birth or anything connected h ith, an n p v n n om o
ntended to fo the recep ion an
accom odation o p su n from any sick ss,
in u o in irmi w et o m n an
p o o e ment o n n o b h o them and
includ co om ;
AN n
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112 PUNJAB GOVTGAZ. (EXTRA.),
OCT 30, 2008
(KRTK. 8, 1930 SAKA)
(b) "Medicare Service Persenin relation to a Medicarc Service nstiution, shall include,
(i) Registered Medical Practitioner. Registered Practitioner and Practitioner. working in a Medicare Service Institution
(ii) Nurse :
(iii) Auxiliary Nurse and Mid-wife;
(iv) Nurse-dai:
(v) trained dai:
(vi) Medical Student;
(vii) Nursing Student ;
(vii) Para Medical Worker;and
(ix) other staff or workers directiy or indirectly
engaged by a Medicare Service Institution for
providing the required services:
Explanation.-For the purpose of this Act, the expressions Registered Medical Practitioner, Medical Practitioner, Practitioner, Nurse, Auxiliary Nurse and Midwife, and trained dai, shall have
the same meanings, as assigned to
them in the
Punjab Medical Registration Act, 1916, the Punjab Nurses Registration Act, 1932, the Punjab Ayurvedic and Unani Practitioners Act, 1963 and the Punjab Homeopathic Practitioners Act,
1965:
(c) "Medical Student" means a student. whois undergong
training or studies in medical profession;
(d) "Mobile Medical Unit" means an ambulance, equipped with medical equipment, used for providing medicare
servíces ;
(e) "Nursing Student" means a student, who is undergong
training Or studies in nursing professiOn :
(f) offender" Means any peSon, who either by himself
or as a member or lcader of a group of personsor
organization commitsor attemptsto cont or abets
0r incites the cOmmisson of violence:
112 PUNJAB GOVT GA (EXTRA , OCT 30, 2008
(KRTK. 8. 1930 SAKA)
(hb) "Medicare Service Person" in relation to a Medicare Service Ins tution, shall include,
(i) Regist red M l Practinoner. Registered Pract tioner and Practitioner. working in a Medicare Service Institution :
(11) Nurse : Lon
(171) Auxiliary Nurse and Mid-wife ; {iv} Nurse-dai ;
(v} trained dai;
(vi) M Studen ;
(vii) Nursing Stud ;
(viii) Para Medical Wor er ; and {ix) other staff or w directly or indirectly engaged b a Medicar Service Institution for providing the re se s ;
xplanation.—For h se of this Act, the expressions egistered Medical Practitioner, Medical ractitioner, Practitioner, Nurse, Auxiliary urs idwife, and trained dai. shall have the same meani gs, as assigned to them in the Punjab Medical Registration Act, 1916, the Punjab Nurses Registration Act, 1932, the Punjab Ayurvedic and Unani Practitioners Act, 1963 and the Punjab Homeopathic Practitioners Act, 1965 :
(cj "Medical Student" means a student, who is undergoing training or studies in medical profession ;
(d) "Mobile Medical Unit" means an ambulance, equipped with medical equipment, used for provid ng medicare services ;
(e) 'Nursing Student" means a student, who is undergome oT tratning or studies in ursing profession :
(f) "offender" means any person, who cither by himsell Oras a member or leader of a group ol persons of orgamzation comnts or attempts to comme or abets orinc tes the commiss on of violence
gf
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pUNJAB GOVT GAZ. (EXTRA.). 0CT. 30, 2008
(KRTK.8, 1930 SAKA)
(i)
Paramedical Worker means a person. who assists the Medicare Service Person providing medicare services;
(h) property shall include both moveable and immoveable property: and
violence means any act, which causes or may cause any harm, injury or endanger life, obstruct or hinder any Medicare Service PerSon in the discharge of his duty in a Medicare Service Institution or damage to property in Medicare Service Institution. J. Any act of violence against a Medicare Service Person or Prohibituon of damage to property in a Medicare Service Institution, shall be prohibited. violence.
4. An offender. who commits any act in contravention of the Penalty. provisions of this Act, shall be punished with an imprisonment, which may extend to one year or with fine, which may extend to fifty thousand rupees or with both.
5. Any offence committed under this Act, shall be cognizable Cognizance of and non- bailable and shal) be triable by the Court of Judicial Magistrate of ofence. the First Class.
6. () In addition to the punishment as specitied in section 4. the ||3
Pice of medical eouipment damaged or loss caused to the property. as may ve determined by the Court reterred to in section 5. offender shall also be liable to pay a penalty of twice the amount of purchase for the damagc
(2) If the offender has not paid the penalty. imposed under
sub-section (), the same shall be recoverableas arrears of land revenue.
of any other law, for the time being in torce.
1 The provisions of this Act shall be in addition to the provisions Act not in derogation of any
other aw.
REKHA MITTAL,
Secretary to Government of Punjab. Department of Legal and Legislative Afairs. 107 7LRP)-Gov. Press. U. I, Chd. Recovery of loss
caused to the
properiy
PUNJAB GOVT GAZ (EXTRA.), OCT 30.2008 113
(KRTK. 8, 1930 SAKA)
pT | (g) ~ arumedical Worker" means a person. who assists the Medicare Service Person providing medicare services ; (hr) pro erty" shall include both moveable and immoveable property: and
d (i) "violence" means any act, which causes or may cause i any harm, injury or endanger life, obstruct or hin der
any Medicare Service Person in the discharge of his duty in a Medicare Service Institution or damage to
property in Medicare Service Institution.
3. Any act of violence against d Med icare Service Person or Prohibiuon of damage to property in a Medicare Servi ce Institution, shall be prohibited. viol ins.
4. An offender, who commit a ny act in contravention of the Pena lty
provisions of this Act, shall e punish ed with an .mprisonment, which may extend to one year r it e. h ich may extend to fifty thousand r upees
or with both.
h ct, all be cog
nizable Cognizance o
f
5. Any offence commutted under
&
rt udicial Magistrate of offence.
and non- bailable and shall be triable by the Cou the First Class.
cified in section 4. the R
ecovery of loss
141 ishm t as spe
6. (1) In addition to the punis p for the damage
I :
"twice the of purchase offender shall b liable to pay 4 nalt tw the amo unt P CT caused to the
price of medical equipment damaged or oss caused to the pro 4S MY property
be determined by the Co r
efe red to in section J.
(2) If the offender has not paid the pen y izpeses und er
sub-section (1), the same shall b e recoverable as arrears of land revenue.
7/ The provisions of
this Act sha l be in a
dition © the provisions Aa ot in :
" BR h
erogation of any Ll any other law, for the ti me being In force.
other law.
REKHA MI TAL,
?
Government of Punjab
,
Secretary 10 i
and Legislanve Affair s.
Department
of Legal
Hinz LR(P)—Govi. P ress. U.T, Chd.
3