The KERALA HEALTHCARE SERVICE PERSONS AND HEALTHCARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2012*

101 
{Translation in English of the “202-921 coog TMHAosonsowasd arvaim 
(AIABOMA0}0 GHAOWS OHA40 EMVAIM MUNIAIMEMQ}o (GYAAA}o TUIGHIMBB Mowao 
S03) Gg" published under the authority of the Governor.] 
ACT 14 OF 2012 
THE KERALA HEALTHCARE SERVICE PERSONS AND 
HEALTHCARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND 
DAMAGE TO PROPERTY) ACT, 2012* 
An Act. to prohibit violence against healthcare service persons and to prevent 
damage and loss to. property in healthcare service institutions and for 
matters connected therewith or incidental thereto. 
Preamble.—Wutreas, it’ is expedient to prohibit violence against health 
care service persons and to prevent damage and loss to property in healthcare 
service institutions and to provide for matters connected therewith or incidental 
thereto; 
Br, it enacted in the Sixty-third year of the Republic of India as follows:— 
1. Short tile and commencement.—(1) This Act may be called the Kerala 
Healthcare Service Persons and Healthcare Service Institutions (Prevention of 
Violence and Damage to Property) Act, 2012 
(2) It shall be deemed to have come into force on the 26th day of 
August, 2010. ; 
2. Definitions.—In this Aci, unless the context otherwise requil 
  
(a) “healthcare service institutions” means all institutions providing neangcare to people which are under the control of the State or the 
  
‘at Govern- 
ment or Local Bodies eg. including any private hospital having facilities for 
treatment of the sick and used (Or their reception or stay; any private maternity 
home where women are usually received and accommodated for the purpese_of 
confinement and ante-natal and post-natal care in connection with child birth or 
anything connected therewith; and any private nursing home used of 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 and include amaternity home, convalescent home, clinic, 
residence and consulting rooms of healthcare service persons; 
      
  
  
* Received the assent of the Governor on the 23% day of July 2012 and published in the 
Kerala Gazette Extraordinary No.1559 dated 23" July, 2012 
 

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(b) “healthcare service persons” in relation toa healthcare service institu- 
tion shall include,— 
(i) Registered Medical Practitioners, working in healthcare service 
institutions, including those having provisional regis 
  
(ii) Registered Nurses; 
(iii) Medical Student 
    
(iv) Nursing Students; 
  
(v) Paramedical Workers employed and working in medical 
institutions; 
(c) “offender” means any person who, either by himself or as a leader or 
asa member or of a group of persons or organisations, commits or attempts to 
commit or abets or incites the commission of violence under this Act; 
(d) “Property” means any property, movable or immovable or medical 
equipment or medi 
of any healthcare service person or healthcare servi 
  
| machinery owned by or in possession of or under the control 
¢ institution; 
  
(ec) “violence” means activities causing any harm, injury or endangering 
the life or intimidation, obstruction or hindrance, to any healthcare service person 
in discharge of duty in any healthcare service institution or damage or loss to 
property in healthcare service institutions. 
3. Prohibition of violence. —Any Act of violence against health care service 
persons or damage or loss to property ina healthcare service institution is hereby 
prohibited. 
4. Penalty and. other consequence for violation of section 3.—(1) Any 
offender who commits any act in contravention of section 3, shall be pautsnable 
with imprisonment for a period which may extend to three years and with fine 
which may extend to fifty thousand rupees. 
      
(2) Inaddition to the punishment specified in sub-section (1), the offender 
shall be liable to pay to the healthcare service institution a compensation of twice 
the amount of purchase price of medical equipment damaged and the loss 
to the property as may be determined by the Court trying the offence. 
caused 
    
(3) If the offender has not paid the compensation under sub-section (2) 
the said sum shall be recoverded under the provisions of the Kerala Revenue 
Recovery Act, 1968 (15 of 1968), as if it were an arrear of land revenue due 
from him. 
 

103 
(4) Any offence committed under section 3 shall be cognizable and non- 
bailable. 
5. Act to be in addition to and not in derogation of any other law.—The 
provisions of this Act shall be in addition to and not in derogation of the provis 
of any other law for the time being in force. 
  
6. Responsibility of healthcare service institutions to give complete 
information of medical treatment.—It shall be the responsibility of cach healthcare 
service institution to furnish, in writing, the complete information about medical 
treatment provided by such healthcare service institutions, to the patients who seek 
treatment in the said institutions or to their relatives. 
  
  
7. Power to make ruley,—(1) The Government may, by notification in the 
official Gazette, make rules for the purposes of carrying out the provisions of this Act. 
(2) Every rule made under this Act shall be laid, as soon as may be after it 
is made. before the Legislative Assembly, while itis in session, for a total period of 
fourteen days which may be comprised in one session or in two successive 
sessions, and if, before the expiry of the session in which itis so laid or the session 
immediately following, the Legislative Assembly makes any modification in the rule 
or decides that the rule should not be made, the rule shall, thereafter, have effect 
only in such modified form or be of no effect, as the case may be; so however, that 
any such modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule. 
      
8. Repeal and Saving.—(1) The Kerala Healthcare Service Persons and 
Healthcare Service Institutions (Prevention of Violence and Damage to Property) 
Ordinance, 2012 (27 of 2012) is hereby repealed. 
  
(2) Nothwithstanding such repeal, anything done or deemed to have 
been done or any action taken or deemed to have been taken under the said 
Ordinance shall be deemed to have been done or taken under this Act. 
(3) Nothwithstanding anything contained inthis Act no person alleged 
to have committed an offence, during the period from the 13th day of July, 2011 
to the Ith day of February, 2011, is liable to be convicted under this Act.

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