The rajasthan medicare service persons and medicare service institutions (prevention of violence and damage to property) act, 2008

राजèथान राज-पğ, अगèत 5, 2008 भाग 4 (क)
 
THE RAJASTHAN MEDICARE SERVICE PERSONS 
AND MEDICARE SERVICE INSTITUTIONS 
(PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) 
ACT, 2008 
(Act No. 24 of 2008) 
[Received the assent of the Governor on the 3rd day of August, 2008] 
An 
Act 
to prohibit violence against Medicare Service Persons and Damage to 
Property in Medicare Service Institutions and for matters connected 
there-with and incidental thereto Whereas there have been acts of 
violence of causing injury or danger to life of Medicare Service Persons 
and damage to property of Medicare Service Institutions in the State 
creating unrest in Medicare Professionals resulting in hindrance of such 
service in the State; 
And whereas, it has become necessary to prohibit such violent 
activities by making the offences as cognizable and non- bail able; 
Now, therefore, be it enacted by the Rajasthan State Legislature 
in the Fifty-ninth Year of the Republic of India, as follows:- 
1. Short title, extent and commencement.- 
(1) This Act may be called the Rajasthan Medicare 
Service Persons and Medicare Service Institutions 
(Prevention of Violence and Damage to Property) 
Act, 2008. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall be deemed to have come into force on and 
from 4th June, 2008. 
2. Definitions.-In this Act, unless the context otherwise requires,- 
(1) ‘Medicare Service Institutions’ means all institutions 
providing Medicare to people which are under the control of 
State or Central Government or Local Bodies etc., including 
any private hospital having facilities for 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 
राजèथान राज-पğ, अगèत 5, 2008 भाग 4 (क)
 
care in connection with 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 
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, etc.  
(2) ‘Medicare Service Persons' in relation to a Medicare Service 
Institution, shall include,- 
(a) Registered Medical Practitioners, working in Medicare 
Institutions (including those having provisional 
registration); 
(b) Registered nurses; 
(c) Medical Students; 
(d) Nursing Students; 
(e) Para Medical and other auxiliary workers employed and 
working in Medicare Service Institutions. 
(3) ‘Offender’ means any person who either by himself or as a 
member or as a leader of a group of persons or organization 
commits or attempts to commit or abets or incites the 
commission of violence under this Act. 
(4) ‘Violence’ means activities of causing any harm, injury or 
endangering the life or intimidation, obstruction or hindrance 
to any medicare service person in discharge of duty in the 
Medicare Service Institution or patient or damage to property 
in the Medicare Service Institution. 
 3. Prohibition of violence- Any act of violence against Medicare 
Service Persons or damage to property in a Medicare Service Institution 
is hereby prohibited. 
राजèथान राज-पğ, अगèत 5, 2008 भाग 4 (क)
 
       4. Penalty- Any offender, who commits any act in contravention 
sanction 3, shall be punished with imprisonment for a period of three 
years and with fine, which may extend to fifty thousand rupees. 
5. Cognizance of offence- Any offence committed under section 3, 
shall be cognizable and non bailable. 
6. Recovery of loss for the damage caused to the property- 
(1) In addition to the punishment specified in section 4, the 
offender shall be liable to a penalty of twice the amount of 
purchase price of medical equipments damaged and loss 
caused to the property as determined by the Court trying the 
offender. 
(2) If the offender has not paid the penal amount under subsection 
(1), the said sum shall be recovered under the provisions of the 
Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) as if 
it were an arrear of land revenue due from him. 
7. 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. 
8. Repeal and Savings-  
(1) The Rajasthan Medicare Service Persons and Medicare Service 
Institutions (Prevention of Violence and Damage to Property) 
Ordinance, 2008 (Ordinance No. 2 of 2008) is hereby repealed. 
(2) Notwithstanding such repeal, all things done, actions taken or 
orders made under the said Ordinance shall be deemed to have 
been done, taken or made under this Act. 
 
एस. एस. कोठारी. 
Principal Secretary to the Government 
 

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