The Karnataka Good Samaritan and medical professional (protection and regulation during emergency situations) Act 2016

 
KARNATAKA ACT NO. 26 OF 2018 
 
THE KARNATAKA GOOD SAMARITAN AND MEDICAL PROFESSIONAL (PROTECTION AND 
REGULATION DURING EMERGENCY SITUATIONS) ACT, 2016 
 
Arrangement of Sections 
 Sections: 
 
1. Short title and commencement 
2. Definitions 
3. Protection for Good Samaritan from Civil or Criminal Liability 
4. Rights of Good Samaritan 
5. Protection for Medical Professionals 
6. Hospitals’ affirmative duty to Assist 
7. Detaining a Good Samaritan in a Hospital 
8. Duties of a Hospital 
9. Requirement of attendance and examination by the Police 
10. Non–compliance 
11. Constitution of good samaritan fund 
12. Responsibility for implementation and administration of fund 
13. Restriction on postponement or adjournment of court proceedings 
14. Remuneration of reasonable expenses to Good Samaritan 
15. Considerations while imposing penalty 
16. Non-compliance by Police officer 
17. Offences by Companies 
18. Offences by Societies or Trusts 
19. Offences by Hospital  
20. Offences by Medical Professionals  
21. Cognizance of Offence  
22. Appeal 
23. Power to make rules  
24. Power to make schemes  
25. Annual Report 
26. Accounts and audit 
27. Educational institutions to impart training in first-aid and emergency care to students 
28. Organization of awareness programmes and workshops  
29. Power to remove difficulties 
30. Act to have overriding effect 
 
 
 
 
 
 
 
 
 
 
 
 2 
STATEMENT OF OBJECTS AND REASONS 
 
 
Act 26 of 2018. - The incidents of accidental deaths are on the rise globally. At this point of 
time, there is a higher likelihood of saving a life within the Golden Hour. The persons who are on the 
spot at the time of the accident, can play a crucial role in taking the vi ctim to the nearest hospital. 
However, due to likely harassment arising from Police or Legal proceedings, on lookers do not 
volunteer to assist the victim and bystanders are hesitant to render immediate help to the road 
accident victims. Hence, there is a need to build confidence amongst the public to help road accident 
victims. It is therefore intended to bring an Legislation to provide protection of Good Samaritans and 
Medical Professionals from civil and criminal liabilities by establishing supporting le gal environment 
and sufficient resources. The proposed Legislation also spells out the obligations of hospitals and 
clinics and for matters connected therewith to ensure that there is no wastage of time in providing 
medical treatment and to save the patient’s life.  
 
Hence the Bill. 
 
 
[L.A. Bill No.35 of 2016,  File No. Samvyashae  30   Shasana 2016] 
  
[entries 1, 2 and 6 of List II and entries 25 and 26 of list III of the Seventh Schedule to the Constitution of India] 
 
[The provisions of Item 3,4,5,9 and 13  were repugnant to the provisions of the Chapter XII, XXIII 
and  XXIV  of the Code of Criminal Proceedure  Act, 1973  (Central Act 02 of 1974) . Therefore the 
Hon’ble Governor reserved the said Bill for the consideration of His Excellency,  the President of India 
under Article 200 of the Constitution of India as required by clause (2) of Article 254] 
 
II 
 
Amending Act 05 of 2019. - It is considered necessary to amend the Karnataka Good 
Samritan and Medical Professional (Protection and Regulation During Emergency Situations) Act, 
2016 (Karnataka Act 26 of 2018), as the Honourable President of India pleased to assent the said 
Act, subject to omittion of the first proviso to sub-section (1) of section 3. 
  
     Hence the Bill. 
 
[L.A. Bill No.09 of 2018, File No. Samvyashae 25 Shasana 2018]  
[Entry 25 of the List III of the Seventh Schedule to the Constitution of India.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3 
KARNATAKA ACT NO. 26 OF 2018 
(First Published in the Karnataka Gazette Extra-ordinary on the twenty fourth day of August, 2018) 
 
THE KARNATAKA GOOD SAMARITAN AND MEDICAL PROFESSIONAL (PROTECTION AND 
REGULATION DURING EMERGENCY SITUATIONS) ACT, 2016 
(Received the assent of President on the thirteenth day of August, 2018) 
(As amended by Act 05 of 2019) 
 
 An Act to provide for protection to Good Samaritans and Medical Professionals from civil and 
criminal liabilities, by establishing supportive legal environment, obligations of hospitals and clinics 
and for matters connected therewith or incidental thereto;  
Whereas it is expedient to provide for protection to Good Samaritans and Medical 
Professionals from civil and criminal liabilities, by establishing supportive legal environment, 
obligations of hospitals and clinics and for matters connected therewith or incidental thereto; 
Be it enacted by the Karnataka State Legislature in the Sixty seventh Year of the Republic of 
India as follows;- 
CHAPTER I 
PRELIMINARY 
 
1. Short title and commencement. - (1) This Act may be called the Karnataka Good 
Samaritan and Medical Professional (Protection and Regulation During Emergency Situations)  
Act, 2016. 
(2) It shall come into force on such 
1[date]1 as the State Government may, by notification, 
appoint. 
1. The Act came into force on 03.05.2019 vide notification No HFW 109 CGE 2018, Bangalore, Dated:3rd May 2019.  
     Text of the notification is at the end of the Act. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a) 'Accident’ means the unforeseen, unexpected or unintentional occurrence of an event 
which results in the risk of death or injury to any person and includes road, rail, 
water or air accident; 
(b) 'Appropriate authority’ means an authority appointed by the  Government; 
(c) 'Bystander’ m eans any person including a passerby who is an eye witness to an 
accident or incident of crime or any other emergency situation; 
(d) 'Code' means the Code of Criminal Procedure, 1973 (central Act 2 of 1974); 
(e) 'Emergency care’ means any reasonable measure to ren der first -aid, advise or 
assistance to an injured person of an accident or incident of crime or any other 
emergency situation at the scene of an accident  or during transit to a place where 
actual medical treatment may be administered or inside a hospital; 
(f) 'Emergency situations’ means a medical condition manifesting itself by symptoms of 
sufficient severity of such a nature that the absence of immediate medical attention 
could reasonably place the health and life of the person affected to risk or serious 
impairment to bodily functions or serious dis -function of any organ or part of the 
body; 
(g) 'First –aid` means the immediate basic care given to an injured person of an accident 
or crash or incident of crime or any other emergency situation so as to stabilise h is 
condition by any person including a medical professional before any decisive 
treatment; 
(h) 'Government' means the Government of Karnataka; 
(i) 'Good Samaritan’ means a person who, in good faith, without expectation of reward 
and without any duty of care or spe cial relationship, voluntarily comes forward to 
administer emergency care to an injured person; 
(j) 'Hospital’ means any institution by whatever name called that renders medical, 
surgical, therapeutic, diagnostic treatments, Medical care, facilities or services and 
includes a teaching hospital and all such similar institution; 
(k) 'Incident of crime’ includes any offence under the  Indian Penal Code, 1860 (Central 
Act 45 of 1860)that causes physical or bodily harm to person; 
(l) 'Injured person’ shall include a person at risk of injury or a person in need of 
emergency care or treatment due to an accident or incident of crime or any other 
emergency situation; 
(m) 'Medical professional’ means a doctor, surgeon, physician, nurse, hospital attendant, 
paramedical staff or any ot her person licensed or certified, responding to a medical 
emergency as part of their professional or statutory duty or part of employment, with 
the rendering of actual medical treatment; 
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(n) 'Medico-legal form’ means any document which hospital is required to prepare in 
relation to any proceedings conducted in a hospital having legal implications; 
(o) 'Medical Procedure' means the initial examination, diagnosis or check -up conducted 
by a hospital or medical professional on any injured person, so as to determine the  
type of treatment that is necessary if any, to stabilize the condition of such injured 
person; 
(p) 'Special relationship' means any of the following relationships, namely:- 
(i) Doctor and patient; 
(ii) Employer and employee; 
(iii) Immediate family, including husband, wife, children and parents; and 
(iv) Guardian or any other person in lawful charge under any law in force at the 
time;  
(q) 'Stabilize’ means the rendering of any immediate emergency care of the injured 
person as may be necessary to assure within reasonable medical proba bility, that no 
material deterioration of the condition of such injured person is likely to result from 
or occur during the transfer of such injured person from one hospital to another, 
where such appropriate facilities are available to render the requisite treatment; 
(r) 'Transfer’ means the movement including discharge of an injured person outside a 
hospital at the direction and assistance of any person employed by, or associated, 
directly or indirectly, with the hospital, but does not include such a movement  of an 
individual who,-  
(i) has been declared dead; or  
(ii) leaves the hospital without the permission of any such person. 
(s)  ‘treatment’ means the rendering of appropriate medical care,  
facilities or services by a medical professional to an injured person, which includes 
first aid, emergency care and medical surgical, therapeutic and diagnostic treatment. 
 
CHAPTER II 
PROTECTION FOR GOOD SAMARITANS 
 
3. Protection for Good Samaritan from Civil or Criminal Liability. -(1) A Good Samaritan 
shall not incur any civil or criminal liability for an act done or omission made while providing 
emergency care to an injured person, when such an act or omission is made in good faith; -  
(i) with the consent of the injured person, whether express or implied; or 
(ii) if the circumstances are such that it is impossible for such person to signify 
consent, then without the consent of the injured person; or  
(iii) if the injured person is incapable of giving consent, with the consent of his guardian 
or other person in lawful charge of him, or if he has no guardian or other person in 
lawful charge of him from whom it is possible to obtain consent in time to provide 
emergency care, then without such consent: 
 
       [XXX] 
1. Omitted by Act 05 of 2019 w.e.f. the date of coming to force of the Principal Act. 
     Provided further that the protection from criminal liability shall not extend to,- 
(a) the intentional causing of death, or the attempting to cause death; 
(b) the doing of anything which the person doing it kn ows to be likely to cause death; for 
any purpose other than the preventing of death or grievous injury; 
(c) the voluntary causing of hurt, or the attempting to cause hurt, for any purpose other 
than the preventing of death or hurt; and 
(d) the abetment of any offence, to the committing of which offence it would not extend. 
 
(2) Where, a person, or a group of persons, brings an injured person to a hospital and an 
acknowledgement under sub section (3) of section 4 is issued to each of them by the said hospital, 
the Court shall presume all such persons to be Good Samaritans.  
 
4. Rights of Good Samaritan.-  (1) A Good Samaritan shall not be required to,- 
     (a) furnish any of his own personal information such as his name, telephone number 
and address at the hospital including for the preparation of a medico-legal form; or 
     (b) fulfil any procedure related to the admission of an injured person at a hospital; or 
  (c) bear any medical expenses towards the treatment of an injured person at a hospital.  
 
 5 
(2) A Good Samaritan shall not be required for examination by the police, in accordance with 
section 9 and 10 of this Act,  unless such  Good Samaritan is proven to be an eye- witness to the 
accident or incident of crime or any other emergency situation: 
 Provided th at a Good Samaritan may lodge a complaint with the appropriate authority as 
may be specified  by the Government by notification, for any grievance against a police officer on the 
grounds of harassment or intimidation, and such authority shall ensure that a  departmental inquiry 
is initiated on the basis of the complaint; 
 (3) (a) A Good Samaritan may voluntarily provide to the hospital his own name and address, 
the name of the injured person, if known, and shall be required to provide the time and place from  
where he has rescued such an injured person; 
 (b) if the information in clause (a) is provided by the Good Samaritan, a copy thereof, along 
with an acknowledgment of his services shall be provided to him immediately for his records.  
 
CHAPTER III 
PROTECTION FOR MEDICAL PROFESSIONALS 
 
5. Protection for Medical Professionals. - (1) Notwithstanding anything to the contrary 
contained in Chapters XXIII and XXIV of the Code, the evidence of any medical professional may be 
given by affidavit, if the Court thinks fit, and may, subjected to all just exceptions, be read in 
evidence in any inquiry, trial or other proceeding under the Code. 
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the 
accused, examine any such medical professional as to the facts contained in the affidavit. 
(3) The examination of such medical professional shall, as far as possible, be conducted 
through video conferencing or any other appropriate means of audio-visual telecommunication. 
(4) The Court may, i f it thinks fit, summon the medical professional to be examined in 
person, if the examination under sub -section (3) is not possible due to other special reasons the 
same be recorded in writing. 
 
CHAPTER IV 
DUTY OF HOSPITALS AND PROCEDURAL REQUIREMENTS 
 
6. Hospitals’ affirmative duty to Assist. - (1) Every hospital shall be required to provide 
immediate medical screening services and first-aid at free of cost and the appropriate treatment as it 
considers necessary, in order to improve the health conditions an d recovery of any such injured 
person: 
Provided that a hospital without the requisite facilities or qualified personnel, that is unable 
to render such appropriate treatment, shall provide such treatment or measure within its capacity 
which minimizes the ri sks to the injured person’s health, in order to stabilize him, before any 
transfer is issued by such hospital, along with all medical records, or copies thereof, related to the 
medical conditions of the injured person, available at the time of transfer, in cluding records related 
to the injured person’s conditions, observations of signs or symptoms, preliminary diagnosis, 
treatment provided and the results of any tests conducted, to the nearest hospital where such 
appropriate facilities or personnel and space are available. 
(2) Without prejudice to sub -section (1), no hospital shall deny or delay in first -aid or 
treatment to an injured person for any delay in furnishing medical costs or expenses.  
7. Detaining a Good Samaritan in a Hospital. -No person shall detain a Good Samaritan for 
any purpose in a hospital where such Good Samaritan has brought the injured person, in 
accordance with the rights granted under sub-section (1) of section 4 of this Act. 
8. Duties of a Hospital. - (1) All hospitals shall be require d to display the rights of a Good 
Samaritan in accordance with section 4 of this Act, in a prominent place and in Kannada, Hindi and 
English languages. 
(2) Every hospital shall be required to inform the police as soon as an injured person is 
brought to such hospital by a Good Samaritan: 
 Provided that the details of the Good Samaritan may be given to the police only in 
accordance with section 4 of this Act. 
 
CHAPTER V 
POLICE INVESTIGATION OF GOOD SAMARITANS 
 
9. Requirement of attendance and examination by the Police. - In addition to and 
notwithstanding anything to the contrary contained  in section 160 and 161 of the Indian Penal 
Code,1860,- 
 6 
(i) the examination of a Good Samaritan who is an eye- witness, by a police officer conducting 
an investigation under Chapter XII of the Code, shall as far as possible be conducted at a 
time and place of his convenience such as, his place of residence or business, and such 
police officer conducting the examination shall be dresse d in plain clothes, unless the Good 
Samaritan Chooses to visit the police station; 
(ii) Where such Good Samaritan is required by the officer conducting the investigation to visit 
the police station, the reasons for the same shall be recorded by such officer in writing, and 
any contravention of this sub -section by such officer shall invite the grievance redressal 
process as prescribed in accordance with the proviso to sub -section (2) of section 4 of this 
Act; and 
(iii) The complete statement or affidavit of such Good S amaritan shall as far as possible, be 
recorded by the police officer conducting the investigation in a single examination.  
 
10. Non – compliance.- Any police officer that violates the provisions of this Act is guilty of 
an offence and shall be subjected to penalties in accordance with such discipline rules as may be 
prescribed. 
 
CHAPTER VI 
ESTABLISHMENT OF GOOD SAMARITAN FUND 
 
11. Constitution of good samaritan fund. - (1) The Government may after due 
appropriation made by the State Legislature in this behalf , make to the appropriate authority, 
grants and loans of such sums of money to the appropriate authority as the Government considers 
necessary. 
(2) There shall be constituted a Fund to be called as the Good Samaritan Fund to which the 
following shall be credited, namely:- 
(a) any grant or loans made to the appropriate authority by the   Government.; 
(b) all sums received by the appropriate authority from such other sources, as may be 
prescribed by the Government. 
(3) Such Fund shall be applied for carrying  out the  purposes of this Act, in accordance with 
such rules as may be prescribed by the Government in this regard: 
 
Provided that the Government may apportion such monies from the Fund to support the 
reasonable expenses of a Good Samaritan in accordance with section 14 of this Act; 
(4) Notwithstanding anything contained in section 6 of this Act, the Government may by 
notification, after due appropriation made by the State Legislature in this behalf , make additional 
rules under this Act for the reimbursement of ch arges or expenses incurred by the hospital towards 
the treatment provided, if such hospital was unable to recover a reasonable minimum proportion of 
costs or expenses incurred for such appropriate treatment rendered, then that hospital may apply 
to an appr opriate authority within such period and in such form and manner, as may be 
prescribed, by the Government in this regard, after the date of commencement of such rules.  
12. Responsibility for implementation and administration of fund. -   The  Government 
shall prescribe an appropriate authority by a notification, at the district level which shall be 
responsible for the implementation and administration of this Fund and shall act as the nodal 
authority for grievance redressal  under this Act. 
 
CHAPTER VII 
FACILITATION OF LEGAL PROCEEDINGS 
 
13. Restriction on postponement or adjournment of court proceedings. - (1) Where a 
Good Samaritan and Medical Professional is in attendance in Court as a witness, the examination -
in-chief and cross-examination, to the extent possible, shall be conducted on the same day. 
(2) The examination -in-chief and cross- examination of the Good Samaritan shall be 
completed in not more than three hearings, except for special reasons recorded in writing by the 
court. 
(3) Where a Good Samaritan or Medical Professional, as the case may be attends the Court as 
a witness, no adjournment or postponement shall be granted, except for special reasons to be 
recorded in writing. 
(4) The terms on which such an adjournment or postponement is granted m ay also include, 
in appropriate cases, the payment of exemplary costs by the prosecution or the accused, as the case 
may be: 
 7 
 Provided that in no circumstance more than one adjournment shall be granted when the 
Good Samaritan is in attendance. 
 
14. Remuner ation of reasonable expenses to  Good Samaritan. - Not withstanding 
anything to the contrary contained in any law for the time being in force or any agreement, award, 
judgment, decree, rule, regulation or other instrument for the time being in force, - 
(i) the Court shall order for payment of remuneration, on the part of the Government, of the 
reasonable expenses incurred by a Good Samaritan who is a witness attending Court for 
the purposes of any inquiry, trial or other proceeding before the Court; 
(ii) such reasonabl e expenses shall take into consideration the actual cost of transportation 
and the loss of daily wage of the Good Samaritan, subject to a minimum of rupees one 
hundred per day or such higher amount, as may be prescribed by the Government from 
time to time; 
(iii)  the order of remuneration of reasonable expenses shall be passed by the Court on the day 
the Good Samaritan attends the Court and be paid to him on the same day: 
Provided that such order of payment of reasonable expenses shall be made for every day that 
the Good Samaritan in  attendance, including when an adjournment or postponement is granted.  
 
CHAPTER VIII 
OFFENCES AND PENALTIES 
 
15. Considerations while imposing penalty. - Where it is established in the prosecution of 
an offence that the accused acted as a Good Samaritan and provided emergency care to another 
person who is experiencing an injury after the commission of such offence, the Court shall, while 
determining the penalty to be imposed on the accused, if any, taken into account of such assistance 
rendered by the accused.  
 
16. Non-compliance by Police officer.- Any police officer, who violates the provisions of this 
Act, is guilty of an offence and in case of non -compliance or violation of any of the provisions of this 
Act, a complaint shall be filed with the concerned  Deputy Commissioner of Police or an equival ent 
officer and shall be subject to disciplinary action as per the appropriate rules with appropriate 
arrangements made to receive and dispose of such complaints in a timely manner.  
17. Offences by Companies. - (1)   Where an offence under Chapter IV of thi s Act has been 
committed by a company, every person who, at the time the offence was committed was in charge of 
and was responsible to the company for the conduct of the business of the company, as well as the 
company, shall be deemed to be guilty of the o ffence and shall be liable to be proceeded against and 
punished accordingly: 
Provided that nothing contained in this sub- section shall render any such person liable to any 
punishment,  if the said person proves that the offence took place without his knowl edge or that he 
had exercised all due diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub -section (1), where any offence punishable 
under Chapter IV of this Act, has been committed by a company and it is proved that the offence 
has been committed with the consent or connivance of, or is attributable to any neglect on the part 
of, any director, manager, secretary or other officer of the company, such director, manager, 
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
Explanation:- For the purposes of this section,- 
(a) "Company" means a company incorporated under the Companies Act, 2013 (Central Act 18 of 
2013), or any previous company law; and  
(b) "director" means a director appointed to the board of a company as defined by the Companies 
Act, 2013 (Central Act 18 of 2013). 
 
18. Offences by Societies or Trusts. - (1) Where an offence under Chapter IV of this Act has 
been committed by a society or a trust, every person who, at the time the offence was committed, 
was in charge of, and was responsible to, the society or trust for the conduct of the business of the 
society or trust, as well as the society or trust, shall be deemed  to be guilty of the offence and shall 
be liable to be proceeded against and punished accordingly: 
Provided that nothing contained in this sub -section shall render any such person liable to 
any punishment provided in this Act, if he proves that the offence  was committed without his 
knowledge or that he had exercised all due diligence to prevent the commission of such offence.  
(2) Notwithstanding anything contained in sub -section (1), where an offence under Chapter 
IV of this Act has been committed by a soci ety or trust and it is proved that the offence has been 
 8 
committed with the consent or connivance of, or is attributable to, any neglect on the part of, any 
director, manager, secretary, trustee or other officer of the society or trust, such director, manag er, 
secretary, trustee or other officer shall also be deemed to be guilty of that offence and shall be liable 
to be proceeded against and punished accordingly.  
Explanation.- For the purposes of this section:- 
(a) "Society" means anybody corporate registered u nder the Societies Registration Act, 
1860(Central Act 21 of 1860) and "trust" means anybody registered under the Indian Trust Act, 
1882(Central Act 02 of 1882) or any other law for the time being in force; and 
(b) "director" in relation to society or trust, me ans a member of its governing board other than 
an ex-officio member representing the interests of the Central Government or State Government.  
      19. Offences by Hospital: - (1) Contravention of any of the provisions of Chapter IV of 
this Act shall be an offence punishable under this Act. 
 (2) If an offence under Chapter IV of this Act leads to the death of an injured victim, it shall be 
considered to be a case of medical negligence and criminal proceedings may be initiated against the 
hospital. 
  (3) The Hospital shall be liable to pay a fine which may extend to ten thousand rupees for the first 
offence, a fine which may extend to fifty thousand rupees for any second offence and a fine which 
may extend to five lakh rupees for any subsequent offence:  
 Provided that nothing in this section shall prevent the authority concerned from revoking the 
license of a hospital if it deems this to be necessary in the case of serious or repeated negligence of 
offence.  
 20. Offences by Medical Professionals. - Lack of response by a medical professional in an 
emergency situation, where he is expected to provide care under Chapter IV of this Act, shall 
constitute "Professional Misconduct", under Chapter 7 of the Indian Medical Council (Professional 
Conduct, Etiquet te and Ethics) Regulations, 2002 and disciplinary action shall be taken against 
such medical professional under Chapter 8 of the said Regulations. 
 21. Cognizance of Offence. - (1) Offences under this Act, shall be non - cognizable and 
bailable.  
 (2) No court shall take cognizance of offence under this Act, unless a complaint is lodged or 
made by the prescribed Authority.  
 22. Appeal. - any person aggrieved by the order of appropriate authority or the prescribed 
authority may appeal to such Appellate Authori ty as may be prescribed within thirty days from the 
date of such orders.  
 
CHAPTER IX 
MISCELLANEOUS 
 
23. Power to make rules. - (1) The Government may, by notification and after previous 
publication, make rules to carry out all or any of the purposes of this Act.  
(2) In particular and without prejudice to the generality of the foregoing power, such rules 
may provide for.- 
(a) the rights of Good Samaritans in hospitals; 
(b) the treatment of Good Samaritans as witnesses by the police: 
 
  Provided that any such rule i ssued by the Government shall be considered as 
invalid if inconsistent with the existing rights of a Good Samaritan granted under the 
provisions of this Act; 
(c) simplified court proceedings; 
(d) protection and treatment of medical professionals as witnesses; and  
(e) any other matter for which there is no provision in this Act (including prescribing 
Appellate Authorities, periods within which appeals or revision petitions have to be 
filled), and for which provision is, in the opinion of the Government, necessary for g iving 
effect to the purposes of this Act.   
(3) A rule under this Act may be made with retrospective effect and when such a rule is made 
the reasons for making the rule shall be specified in a statement laid before both Houses of the State 
Legislature. Subject to any modification made under sub -section (4). Every rule made under this Act 
shall have effect as if enacted in this Act. 
(4) Every rule made under this Act shall be laid down as soon as may be before each House of 
the State Legislature while it is in session for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions and if before the expiry of the session, in which it 
is so laid or the sessions immediately following both the Houses agree in makin g any modification in 
the rule or both the Houses agree that the rule shall not be made, the rule shall thereafter have 
 9 
effect in such modified form or be of no effect, as the case may be, so however, that any such 
modification or annulment shall be withou t prejudice to the validity of anything previously done 
under that rule. 
  
24. Power to make schemes. - The Government may by notification make schemes for the 
additional assistance of Good Samaritans to provide for remuneration of the reasonable expenses o f 
Good Samaritans who appear as witnesses:- 
(a) free legal aid to Good Samaritans who face civil or criminal proceedings; 
(b) examination of Good Samaritans via video conferencing in courts; 
(c) promoting awareness of the rights of Good Samaritans; 
(d) training in first a id and cardiopulmonary resuscitation for persons employed to respond to 
emergencies, including the police; and  
(e) any other scheme that is deemed appropriate by the Government from time to time.  
25. Annual Report. - (1) The Appropriate authority shall prepare, in such form and at such 
time in each financial year as may be prescribed, its annual report on the implementation of the 
provisions of this Act with the Health and Family Welfare Department of the Government wh ich 
shall be the nodal agency for all purposes of this Act. 
(2) The annual reports shall be laid, before both houses of the State Legislature.  
 26. Accounts and audit. - (1) The appropriate authority shall cause to be maintained such 
books of accounts and other registers as may be prescribed and shall prepare in the prescribed 
manner an annual statement of accounts.  
 (2) The financial year of the fund shall commence on 1st day of April of each calendar year 
and shall end on 31st March of the succeeding calendar year.  
 (3) The accounts of the fund shall be audited annually by the Principal Director and 
Controller, State Audit and Accounts Department. The appropriate authority or the Government may 
order concurrent and special audits also.  
 (4) The auditor shall, for the purposes of the audit, have access to all the accounts and other 
records of the Authority.  
 (5) As soon as may be after the receipt of the annual statement of accounts and the report of 
the auditor, the appropriate authority shall consider it in its meeting and send a copy of the annual 
statement of accounts together with a copy of the report of the auditor to the Government, along 
with its explanation on the comments made by the auditor, if any, and a statement of action taken 
by the approp riate authority to remedy the irregularities or loopholes, if any, pointed out by the 
auditor.  
(6) The Government may after perusal of the report of the auditor, and other documents 
submitted to it, as in sub-section (5), give such directions as it thinks fit to the appropriate authority 
and the appropriate authority shall comply with such directions. 
27. Educational institutions to impart training in first- aid and emergency care to 
students.- (1) It shall be the duty of every educational institution to im part training in first- aid and 
emergency care to every student above the age of twelve years for such duration, as may be 
prescribed. 
(2) The training under sub-section (1) shall be imparted once in every academic year. 
(3) For the purpose of imparting training under sub -section (1),  the educational institutions 
shall take the assistance of such professional or institutions, as the Government may, by 
notification, specify.  
 
28. Organization of awareness programmes and w orkshops.- The Government, shall, from 
time to time, organize and conduct the  awareness programmes, workshops and seminars to,- 
(a) sensitize the citizens in becoming Good Samaritans; 
(b) make the citizens aware of emergency care numbers of ambulance services and  police 
assistance; and 
(c) train the citizens in first-aid and emergency care skill. 
29. Power to remove difficulties. - (1) If any difficulty arises, in giving effect to the 
provisions of this Act, the Government may, by order published in the official Gazette, make such 
provisions not inconsistent with the provisions of this Act, as may appear to be necessary or 
expedient for removing the difficulty: 
Provided that no such order shall be made after the expiry of a period of two years from the 
date of commencement of this Act. 
 
(2) Every order made under this section shall, as soon as may be after it is made, be laid 
before both houses of the State Legislature. 
 
 10 
30. Act to have overriding effect. - The provisions of this Act shall have effect 
notwithstanding anyt hing inconsistent therewith contained in any other law for the time being in 
force or in any instrument having effect by virtue of any law other than this Act. 
 
 The above translation of PÀ£ÁðlPÀ fêÀgÀPÀëPÀ ªÀÄvÀÄÛ ªÉÊzÀåQÃAiÀÄ ªÀÈwÛ¤gÀvÀgÀ (vÀÄvÀÄð ¸À¤ßªÉñÀUÀ¼À°è gÀPÀëuÉ ªÀÄvÀÄÛ 
¤AiÀÄAvÀæt) C¢ü¤AiÀĪÀÄ, 2016 (2018gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå:26)  be published in the official Gazette 
under clause (3) of Article 348 of the Constitution of India. 
  
      
VAJUBHAI VALA 
GOVERNOR OF KARNATAKA 
 
By Order and in the name of the Governor of Karnataka, 
 
K.DWARAKANATH BABU 
Secretary to Government 
Department of Parliamentary Affairs 
 
 11 
FRNI No. KARBIL/2001/47147 
 
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ 
C¢üPÀÈvÀªÁV ¥ÀæPÀn¸À¯ÁzÀÄzÀÄ  
«±ÉõÀ gÁdå ¥ÀwæPÉ 
¨sÁUÀ– IVA 
Part– IVA 
¨ÉAUÀ¼ÀÆgÀÄ, ±ÀÄPÀæªÁgÀ, ªÉÄà 3, 2019 (ªÉʱÁR 13, ±ÀPÀ ªÀµÀð 1940) 
Bengaluru, Friday, May 3, 2019 (Viasakha 13 Shaka Varsha 1940) 
£ÀA. 333 
No. 333 
 
  
DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt ¸ÀaªÁ®AiÀÄ 
C¢ü¸ÀÆZÀ£É 
¸ÀASÉå: DPÀÄPÀ 109 ¹fE 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ:03.05.2019 
 
PÀ£ÁðlPÀ fêÀgÀPÀëPÀ ªÀÄvÀÄÛ ªÉÊzÀåQÃAiÀÄ ªÀÈwÛ¤gÀvÀgÀ (vÀÄvÀÄð ¸À¤ßªÉñÀUÀ¼À°è gÀPÀëuÉ ªÀÄvÀÄÛ ¤AiÀÄAvÀæt) 
C¢ü¤AiÀĪÀÄ, 2016 (2018gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå 26) gÀ 1£Éà ¥ÀæPÀgÀt (2)£Éà G¥À¥ÀæPÀgÀtzÀ°è 
¥ÀæzÀvÀÛªÁzÀ C¢üPÁgÀªÀ£ÀÄß ZÀ¯Á¬Ä¹, PÀ£ÁðlPÀ ¸ÀPÁð gÀªÀÅ F ªÀÄÆ®PÀ ¸ÀzÀj C¢ü¤AiÀĪÀĪÀÅ DzÉñÀ 
ºÉÆgÀr¹zÀ ¢£ÁAPÀ:03.05.2019jAzÀ eÁjUÉ §gÀvÀPÀÌzÉÝAzÀÄ UÉÆvÀÄÛ¥Àr¹zÉ.  
 
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÀ£Á¸ÀÄgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è, 
 
dAiÀÄ®Qëöäà 
¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð, 
DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt E¯ÁSÉ, 
(DgÉÆÃUÀå 1 & 2) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 12 
KARNATAKA ACT NO. 5 OF 2019 
(First Published in the Karnataka Gazette Extra-ordinary on the twenty third day of January, 2019) 
 
THE KARNATAKA GOOD SAMARITAN AND MEDICAL PROFESSIONAL (PROTECTION AND 
REGULATION DURING EMERGENCY SITUATIONS) (AMENDMENT) ACT, 2019 
(Received the assent of the Governor on the nineteenth day of January, 2019) 
 
   An Act to amend the Karnataka Good Samaritan and Medical Professional (Protection and 
Regulation During Emergency Situations) Act, 2016. 
Whereas, it is expedient to amend the Karnataka Good Samaritan and Medical Professional 
(Protection and Regulation During Emergency Situations) Act, 2016. (Karnataka Act 26 of 2018) as 
the Honourable President of India has given assent to the Karnataka Good S amaritan and Medical 
Professional (Protection and Regulation During Emergency Situations) Act, 2016 subject to condition 
to omit the first proviso to sub -section (1) of section 3 of the said Act.  Therefore, it is necessary to 
amend the said Act accordingly; 
Be it enacted by the Karnataka State Legislature in the sixty -ninth year of the Republic of 
India, as follows:-  
1. Short title and commencement. – (1) This Act may be called the Karnataka Good 
Samaritan and Medical Professional (Protection and Regulatio n During Emergency Situations) 
(Amendment) Act, 2018.  
(2) Save as otherwise provided in this Act shall come into force at once. 
Section 3  is incorporated in the Principal Act 

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