An act to prevent violence
against medicare service persons and damage to property of medicare service
institutions and for matters connected therewith and incidental thereto. Whereas acts of violence
causing injury or danger to life of Medical Service Persons and damage to
property of Medicare Service Institutions are rampant in the State causing
unrest in medicare professionals resulting in serious hindrance in such
services in the State;- And whereas it has become
necessary to prevent such violent activities in the State of Uttar Pradesh by
making it as a cognizable and non-bailable offence. It is Hereby enacted in the
sixty-fourth Year of the Republic of India as follows:- (1)
This Act may be called the Uttar Pradesh
Medicare Service Persons and Medicare Service Institutions (Prevention of
Violence and Damage to Property) Act, 2013. (2)
It shall be deemed to have come into force on
May 20, 2013. In this Act, 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 sickness, injury or infirmities whether of
body or mind; (b)
"Medicare Service Institutions"
means a medical college, a hospital, a Community Health Centre, Primary Health
Centre, Health Centre by whatever name called or such other institutions
providing Medicare Service to the people, which is established and managed by,
or under the control of, the State Government or the Central Government or any
local authority or any private Hospital/Nursing Home, Clinic and Maternity
Centre registered with Uttar Pradesh Medical and Health Department; (c)
"Medicare Service person" in
relation to a Medicare Service Institution means a registered Medical
Practitioner including provisional registration holder, a registered Nurse, a
Medical Student, a Nursing Student and a Para-medical worker and includes any
person employed and working in such institution; (d)
"Violence" means such activities as
are causing any harm, injury or endangering the life or intimidation,
obstruction or hindrance to any Medicare Service person in discharge of duty in
or outside a Medicare Service Institution; (e)
"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 Medicare Service person or Medicare
Service Institution; (f)
"Emergency Medical Transport
Service" means all mobile medical units or medical ambulances equipped with
medical equipment, used for providing Medicare Services. Whoever,- (a)
commits an act of violence against a Medicare
Service person; or (b)
causes any damage to the property of any Medicare
Service Institution; shall be punished with imprisonment for a term which may
extend to three years or with fine which may extend to fifty thousand rupees or
with both. An offence punishable under
section 3 shall be cognizable and non-bailable. (1)
In addition to the punishment provided under
section 3, the court shall, when passing judgment, order that the accused
person shall be liable to a penalty of twice the amount of purchase price of
medical equipment damaged and loss caused to the property of the Medicare
Service Institution. (2)
Where the order of compensation made under
sub-section (1) is not paid, the same shall be recovered under the provisions
of the U.P. Land Revenue Act, 1950 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. (1)
The Uttar Pradesh Medicare Service Persons
and Medicare Service Institutions (Prevention of Violence and Damage to
Property) Ordinance, 2013 (U.P. Ordinance No. 6 of 2013) is hereby repealed. (2)
Notwithstanding such repeal, anything done or
any action taken under the Ordinance referred to in sub-section (1) shall be
deemed to have been done or taken under this Act as if the provisions of this
Act were in force at all material times.THE
UTTAR PRADESH MEDICARE SERVICE PERSONS AND MEDICARE SERVICE INSTITUTIONS
(PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2013
[ACT No. 16. of 2013]PREAMBLE
Section 2 – Definitions