The Gujarat Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2012

Extra No. 13  REGISTEREDNo. L2/RNP/G/GNR/84 
                                                             äëìæýÀ áäëÉÜÞù Øß wë. 3000/- 
       © 
 
The Gujarat Government Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
Vol. LIII] WEDNESDAY,   APRIL  11,   2012/CAITRA  22,   1934 
Separate paging is given to this Part in order that it may be filed as a Separate Compilation. 
 
PART  IV 
Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.   
 
 
The following Act of the Gujarat Legislature, having been assented 
to by the Governor on the 10th April, 2012 is hereby published for general 
information. 
C. J. GOTHI, 
Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
oGUJARAT ACT  NO.   13   OF 2012. 
(First published, after having received the assent of the Governor, in 
the "Gujarat Government Gazette", on the 11th April, 2012). 
AN  ACT 
 
to prohibit violence against medicare service persons and damage or loss of 
property in medicare service institutions and for the matters connected 
therewith and incidental thereto. 
WHEREAS the acts of violence of causing injury or danger to life 
of medicare service persons and damage or loss of property of medicare 
service institutions have been on increase in the State causing unrest in 
medicare service persons and professionals resulting in hindrance of such 
services in the State; 
AND WHEREAS it has become necessary to prohibit such violence 
against medicare service persons and prevention of damage or loss of 
property of medicare service institutions from such violent activities in the 
public interest;  
 
IV.Ex.,-13-1                  13-1 
 
 
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13-2 GUJARAT GOVERNMENT GAZETTE, Ex, 11-04-2012 [PART- IV 
2 
It is hereby enacted in the Sixty-third Year of the Republic of India, 
as follows:- 
 
1.  (1)  This Act may be called the Gujarat Medicare Service 
Persons and Medicare Service Institutions (Prevention of Violence and 
Damage or Loss of Property) Act, 2012. 
 
(2)  It extends to the whole of State of Gujarat.  
 
(3) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint.  
 
2.  In this Act, unless the context otherwise requires,-  
 
(a) "damage" means impairment of the usefulness or value of 
the property or causing harm to such property;  
(b) "hospital and medical records" means all such documents or 
records accumulated or maintained by hospital authority or 
any medical authority ranging from records of historic 
interest to any acknowledgments;  
(c)  “medicare service institution” means all institutions 
providing medicare services to people under any recognise 
system of medicine which are under the control of the State 
Government, Central Government or local bodies, etc. 
including any private hospital having facilities for treatment 
of 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 persons suffering from any sickness, 
injury or infirmity whether of body or mind, and providing 
of treatment or nursing or both of them and includes a 
maternity home or convalescent home or mobile medicare 
unit;  
 (d) "medicare service persons" in relation to a medicare service 
institution shall include,- 
 
(i)  Registered Medical Practitioners (including a person 
having provisional registration) working in a medicare 
service institution; 
(ii) Nurses registered under the Gujarat Nurses, 
Midwives and Health Visitors Act, 1968;  
(iii)  Auxiliary Nurse and Mid-wife;  
(iv) Trained Dai; 
Short title, 
 extent and 
commencement. 
Definitions. 
 
Guj. 24 of 1968. 
 
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PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 11-04-2012 13-3  
(v) Medical student;  
(vi) Nursing student; 
(vii) para medical staff and other staff or employee 
directly or indirectly employed by a medicare service 
institution for providing required services; 
 
(e) "medical student" means a student who is undergoing 
training or studies in medical profession;  
(f) "mobile medical unit" means an ambulance or any vehicle 
equipped with medical equipment, used for providing 
medicare service;  
(g) "nursing student" means a student who is undergoing 
training or studies in  nursing profession; 
(h) "offender" means any person who either by himself or as a 
member or as a leader of a group of persons or organisation 
commits or attempts to commit or abets or incites the 
commission of violence under this Act;  
(i) "para medical staff" means a person who assists the medicare 
service person in providing medicare service; 
(j) "property" means any property, movable or immovable 
including tangible or intangible (subject to the provisions of 
Information Technology Act, 2000), or hospital and medical 
records or medical equipment or medical machinery or any 
such property as owned by or in possession of, or under the 
control of any medicare personnel or medicare service 
institution;  
 (k) "violence" means an act or activity causing harm or which 
may cause 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 patient or causing damage or loss to the 
property in a medicare service institution. 
 
3. No person shall indulge in any act of violence against medicare 
service person or damage or loss to property in a medicare service 
institution.  
 
4.  Any offender who commits any act or attempts to commit or abets 
or incites the commission of any act of violence in contravention of section 
3, 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.  
 
5.  Any offence committed under this Act shall be cognizable and non-
bailable.  
Cognizance 
of offence. 
Penalty. 
21 of  2000. 
Prohibition 
of violence. 
 
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13-4 GUJARAT GOVERNMENT GAZETTE, Ex, 11-04-2012 [PART- IV 
4 
6.  (1) In addition to the punishment specified in section 4, the 
offender shall also be liable to pay compensation, within such time limit as 
the Court may prescribe, in terms of penalty of twice the market price of 
such medical equipment damaged and loss caused to the property, as may 
be determined by the Court.  
 
(2)  If the offender does not pay the compensation under sub-section (1), 
the said sum shall be recovered under the provisions of the Gujarat Land 
Revenue Code, 1879 as an arrear of land revenue.  
 
7.  (1) The State Government may, by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act.  
 
(2)  All rules made under this section shall be laid, for not less than 
thirty days, before the State Legislature as soon as may be after they are 
made and shall be subject to rescission by the State Legislature or to such 
modification as the State Legislature may make during the session in which 
they are so laid or the session immediately following. 
 
(3)  Any rescission or modification so made by the State Legislature 
shall be published in the Official Gazette, and shall thereupon take effect. 
 
8. (1) The Government or any person authorised by the 
Government by general or special order in this behalf, may either before or 
after the institution of the proceedings, compound an offence punishable by 
or under this Act.  
 
(2) Where an offence has been compounded, the offender, if in custody 
shall be discharged and no further proceedings shall be taken against him in 
respect of the offence compounded.  
 
9. No suit, prosecution or other legal proceeding shall lie against the 
Government or any person or officer authorised by the Government or the 
Head of a medicare service institution or his authorised representative for 
anything which is in good faith done or intended to be done under this Act.  
 
10. 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.  
 
--------------- 
GOVERNMENT CENTRAL PRESS, GANDHINAGAR. 
Protection of 
action taken in 
good faith. 
Compounding 
of offences. 
 Power to 
make rules.  
Liability to pay 
compensation 
for damage or 
loss caused to 
property. 
Bom. V  of 
1879.  
Act not in 
derogation of 
any other law. 

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