KERALA
HEALTHCARE SERVICE PERSONS AND HEALTHCARE SERVICE INSTITUTIONS (PREVENTION OF
VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2012 THE KERALA HEALTHCARE SERVICE PERSONS AND
HEALTHCARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2012 [Act No. 14 of 2012] [23rd July, 2012] An Act to prohibit violence against
healthcare service persons and to prevent damage and loss to property in
healthcare service institutions and for matters connected therewith or
incidental thereto. Whereas,
it is expedient to prohibit violence against healthcare service persons and to
prevent damage and loss to property in healthcare service institutions and to
provide for matters connected therewith or incidental thereto; Be, it
enacted in the Sixty-third Year of the Republic of India as follows:-- (1)
This Act may be called the Kerala Healthcare
Service Persons and Healthcare Service Institutions (Prevention of Violence and
Damage to Property) Act, 2012. (2)
It shall be deemed to have come into force on
the 26th day of August, 2010. In
this Act, unless the context otherwise requires,-- (a)
"healthcare service institutions"
means all institutions providing healthcare to people which are under the
control of the State or the 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 ante-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 treatment or nursing or both of them and
include a maternity home, convalescent home, clinic, residence and consulting
rooms of healthcare service persons; (b)
"healthcare service persons" in
relation to a healthcare service institution shall include, (i)
Registered Medical Practitioners, working in
healthcare service institutions, including those having provisional
registration; (ii)
Registered Nurses; (iii) Medical Students; (iv)
Nursing Students; (v)
Para Medical Workers employed and working in
medical service institutions; (c)
?"offender" means any person who,
either by himself or as a leader or as a member of a group of persons or
organisations, commits or attempts to commit or abets or incites the commission
of violence under this Act; (d)
"property" means any property,
movable or immovable or medical equipment or medical machinery owned by or in possession
of or under the control of any healthcare service person or healthcare service
institution; (e)
?"violence" means activities causing
any harm, injury or endangering the life or intimidation, obstruction or
hindrance, to any healthcare service person in discharge of duty in any
healthcare service institution or damage or loss to property in healthcare service institutions. Any
act of violence against healthcare service persons or damage or loss to
property in a healthcare service institution is hereby prohibited. (1)
any offender who commits any act in
contravention of section 3, shall be punishable with imprisonment for a period
which may extend to three years and with fine which may extend to fifty
thousand rupees. (2)
In addition to the punishment specified in
sub-section (1), the offender shall be liable to pay to the healthcare service
institution a compensation of twice the amount of purchase price of medical
equipment damaged and the loss caused to the property as may be determined by
the Court trying the offence. (3)
If the offender has not paid the compensation
under sub-section (2), the said sum shall be recovered under the provisions of
the Kerala Revenue Recovery Act, 1968 (15 of 1968), as if it were an arrear of
land revenue due from him. (4)
Any offence committed under section 3 shall
be cognizable and non-bailable. 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. It
shall be the responsibility of each healthcare service institution to furnish,
in writing, the complete information about medical treatment provided by such
healthcare service institutions, to the patients who seek treatment in the said
institutions or to their relatives. (1)
The Government may, by notification in the
Official Gazette, make rules for the purposes of carrying out the provisions of
this Act. (2)
Every rule made under this Act shall be laid,
as soon as may be after it is made, before the Legislative Assembly, while it
is in session, for a total period of fourteen days which may be comprised in
one session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, the
Legislative Assembly makes any modification in the rule or decides that the
rule should not be made, the rule shall, thereafter, have effect only in such
modified form or be of no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule. (1)
The Kerala Healthcare Service Persons and
Healthcare Service Institutions (Prevention of Violence and Damage to Property)
Ordinance, 2012 (27 of 2012) is hereby repealed. (2)
Notwithstanding such repeal, anything done or
deemed to have been done or any action taken or deemed to have been taken under
the said Ordinance shall be deemed to have been done or taken under this Act. (3)
Notwithstanding anything contained in this
Act no person alleged to have committed an offence, during the period from the
13th day of July, 2011 to the 11th day of February, 2011, is liable to be
convicted under this Act.
Preamble - THE KERALA HEALTHCARE SERVICE
PERSONS AND HEALTHCARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE
TO PROPERTY) ACT, 2012PREAMBLE