The Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010.

2010 : Mah. XI]   1                    
THE MAHARASHTRA MEDICARE SERVICE PERSONS AND MEDICARE  
SERVICE INSTITUTIONS (PREVENTIONS OF VIOLENCE AND  
DAMAGE OR LOSS TO PROPERTY) ACT, 2010 
[Text as on 19th March 2024] 
—————— 
CONTENTS  
PREAMBLE. 
SECTIONS. 
 1.  Short title, extent and commencement.  
 2.  Definitions.  
 3.  Prohibition of violence.  
 4.  Penalty.  
 5.  Cognizance of offence.  
 6.  Liability to pay compensation for loss or damage caused to property.  
 7.  Authority to aid and advise victims of medical negligence.  
 8.  Act not in derogation of any other law.  
 9.  Repeal of Mah. Ord. I of 2010 and saving. 
2  The Maharashtra Medicare Service Persons and [2010 : Mah. XI 
Medicare Service Institutions (Prevention of Violence  
and Damage or Loss to Property) Act, 2010 
 
 
 
 
 
 
 
 
 
 
 
 
 
2010 : Mah. XI] The Maharashtra Medicare Service Persons and 3 
Medicare Service Institutions (Prevention of Violence 
and Damage or Loss to Property) Act, 2010  
MAHARASHTRA ACT No. XI OF 20101 
[THE MAHARASHTRA MEDICARE SERVICE PERSONS AND MEDICARE  
SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND  
DAMAGE OR LOSS TO PROPERTY) ACT, 2010.] 
[This Act received the assent of the Governor on the 28th April 2010;  
assent was first published in the Maharashtra Government Gazette,  
Extraordinary, Part IV, on the 28th April 2010.] 
An Act to provide for the prevention of violence against Medicare Service Persons and 
prevention of damage or loss of property of Medicare Service Institutions in the State of 
Maharashtra and for matters connected therewith or incidental thereto. 
WHEREAS acts of violence of causing injury or danger to life of Medicare Service Persons and 
damage or loss to the property of Medicare Service Institutions were on increase in the State creating 
unrest in Medicare Service Persons and professionals resulting in total hindrance of such service in the 
State;  
AND WHEREAS it had become necessary to provide for the prevention of violence against 
Medicare Service Persons and prevention of damage or loss of property of Medicare Service 
Institutions from such violent activities;  
AND WHEREAS both Houses of the State Legislature were not in session;  
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which 
rendered it necessary for him to take immediate action to make neces sary provisions, for the purposes 
aforesaid; and, therefore, promulgated the Maharashtra Medicare Service Persons and Medicare 
Service Institution (Prevention of Violence and Damage or Loss to Property) Ordinance, 2010  
(Mah. Ord. I of 2010), on the 17th February 2010;  
AND WHEREAS it is expedient to replace the said Ordinance by an  Act of the State Legislature; 
it is hereby enacted in the Sixty-first Year of the Republic of India as follows :—  
1.  Short title, extent and commencement. — (1) This Act may be called the Maharashtra 
Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or 
Loss to Property) Act, 2010.  
(2) It extends to the whole of the State of Maharashtra.  
(3) It shall be deemed to have come into force on the 17th February 2010.  
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(a) “Medicare Service Institution” means an institution, providing medicare service to 
people either in Medicare Service Institution or thr ough Mobile Medicare Uni t or by arranging 
medical check up camps, under the control of the State Government or the Central Government, 
or a local body including any private hospital having facilities for treatment of the sick and used 
for their reception o r stay in 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 o r 
intended to be used for the reception and accommodation of person suffering from any sickness, 
injury or infirmity, whether of body or mind, and providing of treatment or nursing or both of 
them and includes convalescent home ;  
 
                                                   
1  For Statement of Objects and Reasons (English), see Maharashtra Government Gazette, Extraordinary No. 10, Part-V-A, 
dated the 25th March 2010, Pages 5-6. 
4  Maharashtra Medicare Service Persons and  [2010 : Mah. XI 
 Medicare Service Institutions (Prevention of Violence  
 and Damage or Loss to Property) Act, 2010 
(b) “Medicare Service Person”, in relation to Medicare Service Institution, shall include,—  
(i) Registered Medical Practitioner, Practitioner or Registered Practitioner (including a 
person having provisional registration) working in a Medicare Service Institut ion other than 
the public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860);  
(ii) Registered Nurse, registered under the Maharashtra Nurses Act, 1966  
(Mah. XL of 1966), other than the public servant within the meaning of sect ion 21 of the 
Indian Penal Code (45 of 1860);  
(iii) Medical Student;  
(iv) Nursing Student; and  
(v) Para -Medical Worker and other member staff or worker directly or indirectly 
employed by a Medicare Service Institution for providing required services oth er than the 
public servant, within the meaning of section 21 of the Indian Penal Code (45 of 1860).  
Explanation.— For the purpose of this Act, the expression Registered Medical Practitioner, 
Practitioner or Registered Practitioner, Nurse, shall have the same meanings, as assigned to them in the 
Maharashtra Medical Practitioners‟ Act, 1961 (Mah. XXVIII of 1961), the Mahara shtra Medical 
Council Act, 1965 (Mah. XLVI of 1965), 1The Homoeopathic Practitioners Act, 1959 (Bom. XII of 
1960) and the Maharashtra Nurses Act, 1966 (Mah. XL of 1966);  
(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 under this Act;  
(g) “Para -Medical Worker” means a person, who assists the Medicare Service Person 
providing medicare services ;  
(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 an act, which causes or may cause any harm, injury or endangering the 
life of, or intimidation, obstruction or hindrance to, any Medicare Service Person in discharging 
his duty in a Medicare Service Institution or causing damage or loss to the property in a Medicare 
Service Institution.  
3.  Prohibition of violence. — Any act of violence against a Medicare Service Person or damage 
or loss to the property in a Medicare Service Institution, shall be prohibited.  
4.  Penalty. — Any offender, who commits or attempts to commit or abets or incites the 
commission of any act of violence in contravention of the provisions of section 3, shall be punished 
with imprisonment which may extend to three years and with fine, which may extend t o fifty thousand 
rupees.  
5.  Cognizance of offence. — Any offence committed under this Act, shall be cognizable and 
non-bailable and triable by the Court of Judicial Magistrate of the First Class.  
                                                   
1  The short title o f the Act has been amended as „ the Maharashtra Homoeopathic Practitioners Act‟ by Mah. 24 of 2012,  
s. 2 and 3, Schedule, entry 83, with effect from the 1st May 1960. 
2010 : Mah. XI]  Maharashtra Medicare Service Persons and  5 
Medicare Service Institutions (Prevention of Violence   
and Damage or Loss to Property) Act, 2010 
6.  Liability to pay compensation for loss or damage caused to property.— (1) In addition to 
the punishment specified in section 4, the offender shall be liable to pay compensation of twice the 
amount of damage or loss caused to the property, as may be determined by the Court referred to in 
section 5.  
(2) If the offender has not paid the compensation imposed under sub -section (1), the same sum 
shall be recovered as if it were an arrear of land revenue.  
7.  Authority to aid and advise victims of medical negligence. — (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 grievances of victims of medical negligence or mismanagement and to aid 
and advise 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 such as may be specified by the State Government by an order in 
this behalf.  
8.  Act not in derogation of any other law. — 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.  
9.  Repeal of Mah. Ord. I of 2010 and saving.— (1) The Maharashtra Medicare Service Persons 
and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) 
Ordinance, 2010 (Mah. Ord. I of 2010), is hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or 
order issued) under the said Ordinance, shall be deemed to have been done, taken or issued, as the case 
may be, under the corresponding provisions of this Act.  
 

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