TRIPURA
MEDICARE SERVICE PERSONS AND MEDICARE SERVICE INSTITUTIONS (PREVENTION OF
VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2013 THE TRIPURA MEDICARE SERVICE PERSONS AND MEDICARE SERVICE
INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2013 [Act No. 05 of 2013] An Act to prohibit violence against Medicare service persons and
damage to property in Medicare service institutions and for matters connected
therewith and incidental thereto. WHEREAS, it is expedient to
prohibit violence against Medicare Service persons and damage lo property in
Medicare Service institutions and for matters connected therewith and
incidental thereto, since acts of violence causing injury or danger to life of
Medicare service persons and damage to property of Medicare service
institutions are on the increase in the State creating unrest in Medicare
professionals resulting in total hindrance of such Services in the State; BE it enacted by the
Tripura Legislative Assembly in the sixty-fourth year of Republic of India, as
follows:- (1)
This Act may be called "The Tripura Medicare Service Persons
and Medicare Service Institutions (Prevention of Violence and Damage to
property) Act, 2013". (2)
It extends to the whole of the State of Tripura. (3)
It shall come into force on the date of its publication in the
official Gazette. 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 the institutions
providing Medicare to people which are under the control of State Govt. or
Central govt. or Local bodies, 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 accommodated for the purpose of
confinement and antenatal 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;
(c)
"medicare service persons" in relation to a Medicare
service institution shall include- (i)
registered medical practitioner, working in medicare service
institutions (including those having provisional registration); (ii)
registered nurses; (iii)
medical student;
(iv)
nursing students; and (v)
paramedical workers; (d)
"medical student" means a student, who is undergoing
training or studies in medical profession, on duty; (e)
"nursing student" means a student, who is undergoing
training or studies in nursing profession on duly; (f)
"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; (g)
"para medical worker" means a person, who assists the
medicare service person providing medicare services, on duty; (h)
"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; (i)
"violence" means activities of causing any harm, injury
or endangering the life or intimidation, obstruction or hindrance to any
medicare service person while discharging his duty in the medicare service
institution, or damage to property in medicare Service institution. 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 and with
fine which may extend to fifty thousand rupees. An offence punishable under
section 3 shall be cognizable and non-bailable. (1) In
addition to the punishment specified in section 3, the offender shall be liable
to pay compensation for the damage or loss caused to the property, as
determined by the court trying the offender. Provided that in case of
damage or loss caused to the medical equipment, the quantum of compensation
shall not be less than the amount of purchase price of such equipment. (2) If the
offender has not paid the penal amount under sub-section (1), the said sum
shall be recovered under the provisions of the Tripura Public Demands Recovery
Act, 2000, as if it were an arrear of land-revenue due from him (1)
The State Government shall by notification in the Official
Gazette, establish the Authority for the area, as may be specified in such
notification, to hear the grievance of victims of medical negligence or
mismanagement and to aid and advice such victims for taking recourse to an
appropriate forum for suitable relief; (2)
The Authority shall consist of experts one each from the field of
medical, law, consumer movement and health management; (3)
The conditions of service of the experts mentioned in sub-section
(2) and the procedure to be followed by the authority shall be as such as may
be prescribed by the State Government by an order in this behalf. 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.
Preamble - TRIPURA MEDICARE SERVICE PERSONS AND MEDICARE SERVICE
INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2013PREAMBLE