Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Complete Act - Bare Act

DELHI

20th October, 2008

The following Act of the Legislative Assembly of the National Capital Territory of Delhi received the assent of the Lt. Governor of Delhi on the 20th October, 2008 and was published in the Delhi Gazette, Extraordinary, Part - W, No.170, dated 20th October, 2008:- DELHI ACT 08 OF 2008 (As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 11th September, 2008). An Act to prohibit violence against medicare service personnel and damage to property in medicare service institutions in the National Capital Territory of Delhi and, for matters connect therewith or incidental thereto. BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty-ninth Year of the Republic of India as follows:-

(1) This Act may be called the DELHI MEDICARE SERVICE PERSONNEL AND MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2008.

(2) It extends to the whole of the National Capital Territory of Delhi.

(3) It shall come into force on such date as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the official Gazette appoint.

In this Act, unless the context otherwise requires,-

(a) "medicare service institution" mean institutions providing medicare to people in any recognized system of medicine, on out patient or inpatient basis, which are under the control of the Government of Delhi or the Central Government or local bodies, medicare institutions run by autonomous bodies, clinics, private, nursing homes/and hospitals run by individuals, trusts, societies, companies, etc. and having facilities for diagnosis and/or treatment of the sick, where persons are received and accommodated for the purpose of diagnosis and treatment of sickness, injury, or infirmity whether of body or mind, ante: natal and/or post natal care, or anything connected therewith, and include a maternity home or convalescent home;

(b)"Delhi" means the National Capital Territory of Delhi;

(c) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of Constitution;

(d) "medicare service personnel" in relation to a medicare service institution shall include,-

(i) registered medical practioners;

(ii) registered nurses, nursing aids, midwives;

(iii) para medical workers, ambulance service providers, and diagnostic services providers;

(iv) any other personnel who are working in the premises for the purpose of training, studies, etc.;

(e) "offender" means any person who either by himself or as a member or as a leader of a group of persons or organization commits or attempts to commit or abets or incites the commission of violence under this Act;

(f) "violence" mean activities of causing any harm or injury or endangering life, or intimidation, obstruction or hindrance to any medicare service personnel in discharge of duty in the medicare service institution or damage to property in such institution;

Any act medicare of violence against service personnel or damage to property in a medicare service institution is hereby prohibited.

Any offender who commits any act in contravention of Section 3, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed under Section 3, shall be cognizable and non-bailable.

The Head of the medicare service institution where the offence has been committed, or his authorized representative snail have the power to make a complaint under this Act with the law enforcing agency.

competent to try and take cognizance of offences

(1) No court other than the court of a Metropolitan Magistrate shall be take cognizance of, and try an offence under this Act.

(2) No court shall take cognizance of an offence under this Act except on a report in writing of a police officer, not below the rank of Sub-Inspector.

(1) In addition to the punishment specified in Section 4, the offender shall be liable to a penalty of twice the amount of purchase price of medical equipment damaged and loss caused to the property as determinated by the Court trying the offender.

(2) If the offender has not paid the penal amount under sub-section (1), the said sum shall be recovered as if it were arrears of land revenue due from him.

(1) The Government or any person authorized by the Government by general or special order in this behalf, may either before or after the Institution of the proceedings, compound aa offence punishable by or under this Act.

(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

Section10 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the Government or any person or officer authorized by the Government or the Head of a medicare service institution or his authorized representative for anything which is in good faith done or intended to be done under this Act.

Section11 Act not in derogation any other law

The provision of this Act shall be in addition to -and not in derogation of the provisions of any other law, for the time being in force.