The Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2008

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY  
The following Act of the Tamil Nadu Legislative Assembly received the assent 
of the Governor on the 28th November 2008 and is hereby published for 
general information:— 
ACT No. 48 OF 2008. 
An Act to prohibit violence against medicare service persons and damage or loss 
to property of medicare service institutions and for matters connected therewith 
and incidental thereto. 
WHEREAS, acts of violence causing injury or danger to life of medicare service persons 
and damage or loss to the property of medicare service institutions are on the increase  
in the State creating unrest among medicare service persons resulting in total hindrance  
of such services in the State; 
AND WHEREAS, it has become necessary to punish t he persons committing violence 
by making the offence as cognizable and non -bailable and to provide for compensation, 
for damage or loss caused to the property of medicare service institutions, to be determined  
by court; 
BE it enacted by the Legislative Ass embly of the Slate of Tamil Nadu in the Fifty -ninth 
Year of the Republic of India as follows; — 
1. (1) Short title and commencemen t. This Act may be called the Tamil Nadu Medicare  
Service Persons and  Medicare Service Institutions (Prevention of Violence and Damage  
or Loss to Property) Act, 2008.  
(2) It shall be deemed to have come into force on the 18th day of July 2008. 
2. In this Act, unless the context otherwise requires, — Definitions 
(1) "medicare service institution" means any institution providing medicare to 
people which is under the control of the State or the Central Government or local bodies  
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 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 for  
nursing or both of them and includes a maternity home or convalescent home;  
(2) “medicare service person" in relation to a medicare service institution shall 
include,— 
(a) registered medical practitioners (including a person having provisional 
registration); 
(b) registered nurses; 
(c) medical students: 
(d) nursing students; 
(e) para medical workers; 
employed and working in such medicare service institutions: 
(3) “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; 
(4) " violence” means activities of causing, any harm, injury or endangering the 
life or intimidation, obstruction or hindrance to any medicare service person while discharging  
his duty in the medicare service institution or causing damag e or loss to the property. 
3. Punishment for committing violence.  Any person either by himself or as a member or as a 
 leader of a group of personsor organization, commits or attempts to commit or abets or incites the commission of  
any act of violence shall be punished with imprisonment for a term which shal l not be v 
less than three years but which may extend to ten years and with fine. 
 
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 
4.Cognizance offence.   Any offence committed under sectio n 3, shall be cognizable and non 
bailable. 
5. (1) In addition to the punishment specified in section 3, the person shall be liable 
to pay compensation for the damage or loss caused to the property, as determined by 
the court. 
 
(2)Tamil Nadu act II of 1864. If the person has not paid the compensation under sub -section (1), the said 
sum shall be recovered under the provisions of the Tamil Nadu Revenue Recovery Act,  
1864 as if it were an arrear of land revenue.  
 
6.Bar of proceedings. Tamil Nadu Act 59 of 1864  No claim for compensation for the damage or loss caused to 
the property shall be made by the medicare service person or medicare service institution, before any Tamil Nadu  
authority, under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. °f 
7. Operation of other not affected.  Tamil Nadu Act 59 of 1992. Save as otherwise provided in this Act, the 
provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force. 
8. (1) Repeal and saving. Tamil Nadu Ordinance 3 of 2003.  The Tamil Nadu Medicare Service Persons and 
Medicare Service Institutions Tamil Nadu (Prevention of Violence and Damage or Loss to Property) Ordinance, 2008 is 
hereby Ordinance repealed. 3 of 2008 
(2) Notwithstanding such repeal, anything done or any action taken under the 
said Ordinance shall be deemed to have been done or taken under 
this Act. 
(By order of the Governor) 
S. DHEENADHAYALAN, 
Secretary to Government, 
Law Department. 

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