THE ASSAM MEDICARE SERVICE PERSONS AND MEDICARE SERViCE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2011

\ - Registered No.-768/97 THE ASSAM. GAZETTE ~~Gf EXTRAORDINARY !11~ (f)~~Cil ~ ~ PUBLISHED BY THE AUTHORITY <- -·· ·-"·-···----· ·· . ·---·-----·----·--·--·-·--····--· ·- -···- ... ... . ·-- -·--"• ' • ·· ·-- . . .. .... .. ·····--- .. ···- -·---------------··-···-·· -·-····-··· - ······- ·- ... ··- ·-··--- ---·····-· "'!~ 43, iifxl11<', ~' 4 C*~Hll~, 2013, 15 ~, 1934 (~) No.43, Dispur, Monday, 4th February, 2013,,. lSth Magha, 1934 (S.E.) - ----··· - ·- - ...... . .. ·-··· ...... -- ------·-. .. ·--···--· ... - GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : ; .LEGISLATIVE BRANCH NOTil'ICATION }j' The 4th February, 2013 No. LGL.92/2011/18.-Thc followingAct of the Assam Legislative Assembly which received f the assent of the President is hereby published for general information. r ASSAM ACT NO. III OF 2013 (Received the assent of the President on 22nd January,2013) THE ASSAM MEDICARE SERVICE PERSONS AND MEDICARE SERViCE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2011. ~ \ -=-3 .:.....7 6:.:.....) __ ____.:. l..:_·H~f:....:: A~S:.'...'.S-:.:_A~M~C=.=1 A2'.Z:.::.J<:..:~T~1~-~E2,~E'.:.:X~T~R:~AO~R~D~IN::...::.A::R.::.:Y::., _:F...::· E::.'B:.:R.:.::U:.:A.::R:.:..Y=---4:.:... -=2:.:..0-=cl 3 ___ t . .S Preamble AN ACT to prohi.bit violonce a3ainst Medicare Service Persons and damage to Pr?perty of Medicare Service Institutions in the State of Assam ano' for matters connected therewith and incidental thereto . Whereas it i:s expedia nt t¢ prohibit violence against Medicare Service Persons ana damage to Property of Medicare Service Institutions in the mate of Assam and matters connected theirewith or incic.'ental theneto; It is hereby enacted (11 the Sixty-second Year of the Republic of.India as follows:- - Short title, extent ·· • and commencem1;:,nt 1. (1) The Act may be called the Assam Medicare Service Persons and Medicare ' Service lnstitutionu (Prevention of Violence and Damage to Property) Act, 2011 . Definitions r, '- . (2) It exte1ids fo the whole of the State of Assam. (3) It shal'. come into force at once. In the Ac:, unless the context otherwise requires,­ (a) "Medicare Service" means the act of providing medical treatment and care including antenatal and postnatal care in connection with child birth or anything connected therewith, or nursing care in any form to, persons suffering from any sicknes~;, injury or infirmities whether of body or mind; (b)"Medi1:are Service Institutions" means a medical ·college, or a hospital by whatever name called or such other institution providing Medicare Service to the people, which is established and r11anaged by or under the control of the State Governi11eliit or Central Government or any local authority o·r any private person or persons, and includes a maternity home or convalescent home; (c,I uMedicare Service Persons" in relation to Medic:are Service Institution shall include,- (i) Re,gistered Medical Practitioners, working in Medic:are Institutions (including those having pro 11i8ional Registration); (ii) Hegistered nurses; (iii) l\t1edical students; (iv) hlursing students; (v) .Any Para-medical or any other Worker employed and working in Medicare Service lnstit1Jtions; (d) "Property of Medicare Service Institution" means the building and equipments of the Medic·are Service Institution. It also includes personal vehicles and other equipments etc. brougllt to the premises or to the vicinity of the premises by the Medicare Service Person in connection with his/her duties; THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 4, 2013 377 Offences against Medicare Service Persons and Medicare Service Institutions Penalty Offence to be Cognizable and non­ bailable Recovery of loss for the damage caused to the property Act not in derogation of any other law 3. 4. 5. 6. 7. (e) "Violence" means activity of causing any harm, injury or endangering the life or intimidation, obstruction or hindrance to any Medicare Service Person in discharge of duty in a Medicare Service Institution or damage to property of the Medicare Service Institution. Following acts by any members of the public shall be an offence for the purposes of this Act- (a) Violence against any Medicare Service Person; (b) Damage to any property of the Medicare Service Institution or to any Medicare Service Person Whoever commits any offence as defined in section 3 shall be punished with imprisonment for a term which may exiend to three years and with fine which may extend to fifty thousand rupees. Any offence punishable under section 3, shaH be cognizable and non-bailable. (1) In addition to the punishment provided in section 3, the Court shall, when passing judgement, orqer the acc~ed person to pay, by way of compensation, such amount as may be specified in the order for the damage or loss caused to the Property of the Medicare Service Institutions: Provided that in case of damage or loss caused to any Property of Medicare Service Institution, the quantum of compensation shall not be less than ~he amount of purchase price of such property:, (2) Where the prder ot compensation made under sub-section (1) is not paid, the same shall be recovered under the provisions of the Sehgal Public Demands Recovery Act, 1913 from the accused person as if it were an arrear of land revenue. The provisions 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. Bengal Act 3 of 1913 MOHD. ABDUL HAQUE, Commissioner and Secretary to the Govt. of Assam, Legislative Department, Dispur. Guwahati :- Printed and Published by the Dy. Director (P.&S.), directorate of l'tg. & sty., Assam, Guwahati-21 . (Ex-Gazette) No. 85 -300 +600-4-2-2013