……….N.W/CH.2 Regd.No. CHD/0092/2006-2008
Rs.2.70
Punjab Government Gazette
EXTRAORDINARY
Published by Authority
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CHANDIGARH, THURSDAY , OCTOBER 30, 2008
( KARTIKA 09,1930 SAKA )
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LEGISLATIVE SUPPLEMENT
Contents Pages
Part I Acts
The Punjab Protection of Medicare Service Persons
And Medicare Service Institutions ( Prevention of
Violence and Damage to Property Act, 2008
( Punjab Act No.26 of 2008 ) … 111- 113
Part II Ordinances
Nil
Part III Delegated Legislation
Nil
Part IV Corrections, Slips, Republications and Replacements
Nil
( cv)
LEGISLATIVE AFFAIRS , PUNJAB 111
Notification
The 30th.October , 2008
No.29 Leg/ 2008 – The Following Act of the Legislature of the people of Punjab received the assent of Governor of Punjab on the 10th.October 2008, and is hereby published for general information:-
The Punjab Protection of Medicare Service Persons
And Medicare Service Institutions ( Prevention of
Violence and Damage to Property Act, 2008
( Punjab Act No.26 of 2008 )
An
ACT
To Provide for protection of Medicare Service Persons and Medicare Service Institutions in the State of Punjab and for prevention of violence and damage to the property and for the matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Punjab in the Fifty- ninth Year of the Republic of India as follows:-
1. ( 1). This Act may be called the Punjab Protection of Medicare Short Title and
Service Persons and Medicare Service Institutions commencement
( Prevention of violence and Damage to the Property ) Act 2008.
(2). It shall come into force at once.
2. Be this Act unless the context otherwise requires: - Definitions
(a). “ Medicare Service Institution” means an institution
Providing Medicare service either in the Medicare
Service Institution or through Mobile Medical Unit
or by arranging Medical camps, which is under the
control of the Central Government or the State
Government or a local body including any private hospital
having facility of 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 the child birth or anything connected therewith and
any private nursing home used or intended to be used for the
reception and accommodation of the persons suffering from
any sickness, injury or infirmity whether of body or mind ,
and providing treatment of nursing or both of them and includes
convalescent at home :
PUNJAB GOVT. ( EXTRA…… 112
(b) “ Medicare Service Person” in relation to a Medicare
Service Institution, shall include :-
(i) Registered Medical Practitioner , Registered Practitioner and Practitioner working in a Medicare Service Institution :
(ii) Nurse:
(iii) Auxiliary Nurse and Mid – Wife
(iv) Nurse dai;
(v) Trained dai;
(vi) Medical Student
(vii) Nursing Student
(viii) Para Medical Worker ; and
(ix) Other staff or workers directly or indirectly engaged by a Medicare Service Institution for providing the required services:
Explanation:- For the purpose of this Act, the expressions Registered Medical Practitioner, Medical Practitioner, Practitioner, Nurse, Auxiliary Nurse and Midwife, and trained dai, shall have the same meaning as assigned to them in the Punjab Medical Registration Act,1916, the Punjab Nurses Registration Act 1932, the Punjab Ayurvedic and Unani Practitioners Act 1963 and the Punjab Homeopathic Practitioners Act 1965:
(c ) “Medical Student” means a student, who is undergoing training or studies
in medical profession ;
(d) “Mobile Medical Unit”- means an ambulance equipped with medical
equipment used for providing Medicare services
(e) “Nursing Student” means a student, who is undergoing training or studies
in nursing profession ;
(f) “Offender” means any person , who either by himself or as a member or
leader of a group of persons or organization commits or attempts to
commit or abets or incites the commission of violence:
(g) “Paramedical Worker” means a person who assists the Medicare
Service Person Providing Medicare Service;
( h) “Property” shall include both moveable and immovable property ; and
( i) “violence” means any act, which causes or may cause any injury , injury or endanger life , obstruct or hinder any Medicare Service Person in the discharge of his duty in a Medicare Service Institution or damage to property in Medicare Service Institution.
PUNJAB GOVT. ( EXTRA…… 113
3. Any act of violence against Medicare Service Person or damage prohibition of
To property in a Medicare Service Institution, shall be prohibited violence
4. An offender, who commits any act in contravention of the Penalty
provisions of this Act, shall be punished with an imprisonment,
which may extend to One year or with Fine, which may extend
to fifty thousand rupees or with both.
5. Any Offence committed under this Act, shall be cognizable Cognizance of
and non-bailable and shall be triable by the Court of Judicial offence
Magistrate of the First Class.
6. (1) In addition to the punishment as specified in section 4, the Recovery of loss
offender shall also be liable to pay a penalty of twice the amount for the damage
of purchase price of medical equipment damaged or loss caused to caused to the
the property, as may be determined by the Court referred to in property
section 5
(2) If the offender has not paid the penalty, imposed under
sub-section (1), the same shall be recoverable as arrears of land revenue.
7. The provisions of this Act shall be in addition to the provisions of Act not in
any other Law , for the time being in force. Derogation of any
Other law.
REKHA MITTAL
Secretary to Government of Punjab
Department of Legal and Legislative Affairs.
KITTY MEDICOS
