The TRIPURA MEDICARE SERVICE PERSONS AND MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) ACT,2013

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The I'ripura Act l{o. 5 of 2013"
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rubli"shed
in trrre Extrorordino;rgl Issue of TVipura Gazette
tober g, 2013 A' D' Asoino 7 ', 7935 S. .8.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
SECRETARIAT : AGARTALA
No. F.8(a)-Lawl Leg- V 2A 3 Dated, Agartala, the 9th October, 2013.
The following Act of the Tripura Legislative Assembly received the assent
of the Governor on 08-10-2013 and is hereby published for General
rnformation.
D. M. JAMATIA.
L.R & SECRETARY, LAW.
GOVERNMENT OF TRIPURA
L
Tripura Act No. 5 of 2013. Y
TI{E TRTPUIIA MEDICARE SERVICE PE,TTSONS AND
MR,DICARE SERVICE I]\STITUTIONS
(PREVENTION O[- VIOLEI\CE AND DAMAGE TO PROPERTY)
ACT, Z0l3
AN
ACT
to proltibil t,iolence agninst Medicare service persons ctncl dumage to properlt' irt
MecliccLre sert,ice institt,ttions tmtl Jbr nrutters connecterl therewith uncl incidetttnL thereto.
Wi{}lRtrAS, it is expedient to prohibit violence against Medicare Sen'ice persons
and darnage to propert-ru in Medicare Service institutions and for matters conuected
therervith ancl incidental thereto, since acts of violence causing injury or danger to life of
Medicare service persons and damage to property of Medicare service instttritions are on
the inclease in the State creating umest in Medicare professionals resultin-s in total
l-rindrance of such Services in the State ;
lllj it enacted by the 'l'ripura Legislative Assembly in the sirtr'-tburth l eal of
I{epubiic of India, as follows:-
Shorttitle, 1. (1) 'l'his Act may be called "The 'friplra Nledicare
extenl :rnd
commercemenr Service Persons and Medicare Service Institutions
' (Prevention of Violence and Damage to prop,:; l ) .\ct.
201 3".
(2) It extends to the whole of the State of 'fripura.
(3) It shall come into force on the date of its pr,rblicatioll
in tire official Gazette.
Definition 2. In this Act, unless the context otherrvise reqr.rttes. -
(a) "rnedicare service" r-leans the act of pror,idrng
medical treatment and care inclLrding antenatal
and postnatal care in connection with child bir-th
or anl,tiring connected therervith, or nursiug care
in any form to persons suffering from sickness.
injury or infirmities whether of body or rnind ;
1b.y "medicare selr.ice institutions" means the institutions
providing Medicare to people which are under the
controi of State Govt. or Central govt. or Local bodies,
including any private hospital having facilities for
treatment of the sick and used for their reception or stay;
any private matemity home where women are usually
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 from any sickness,
iryury or infirmity whether of body or mind and
providing treatment or nursing or both of them ;
(c) "medicare service persons" in relation to a Medicare
service institution shall include -(i) registered medical practitioner, working in medicare
service instiiutions (including those having
provisional registration);
(ii) registered nurses;
(iii) medical student;
(iv) nursing students; and
(v) pararnedical workers;
(d) "medical student" means a student, who is
undergoin-{ training or studies in medical profession, on
duty;
(e) "nursing student" means a student, who is
undergoing training or studies in nursing profession on
duty:
(f) "offender" means any person who either by himself or
as er 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;
(g) "para medical worker" means a person, who assists
the medicare selice person providing medicare services,
on duty;
(h) "properly" means any propefty, movable or
immovable or rnedical equipment or medical machinery
owned by or in possession of, or under the control of, any
medicare service person or medicare service institution ;
Violence
against
Medicare
Service Person
and damage to
property
Penalties
Recovery of
loss for
damage to the
property
Authority to
aid and advice
victims of
medical
negligence
(i) "violence" means activities of causing any haffn,
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 damage to property in medicare Service institution.
3. Whoever
(a) commits an act of violence against a medicare service
person; or
(b) causes any damage to the property of any medicare
selvice institution,
shall be punished with imprisonment for a term which may
extend to three years and with fine which may extend to fifty
thousand rupees.
4. An offence punishable under section 3 shall be
cognizable and non-bailable.
5.(1) In addition to the punishment specified in section 3, the
offender shall be liable to pay compensation for the damage or
loss caused to the property, as determined by the court trying
the offender.
Provided that in case of damage or loss caused to the
medical equipment, the quantum of compensation shall not be
less than the amount of purchase price of such equipment.
(2) If the offender has not paid the penal amount under
sub-section (1), the said sum shall be recovered under the
provisions of the Tripura Public Demands Recovery Act, 2000,
as if it were an arrear of land-revenue due from him.
6.(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 the grievance of
victims of medical negligence or mismanagement and to aid
and advice 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;
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EiE .
(3) l'he conditions of seryice of the expefts mentioned irsub-section (2) and the procedure to be foltoweA Uf tfr.authority shall be as such as may be prescribed by the StateGovemment by an order in this behalf.
Act not in
derogation of
an1' other larv
7. The pr-ovisions of this Act
not in derogation of, the provisions
time being in force.
shall be in addition to, and
of any other law, for the
D.M. Jamatia
L.R. & Secretary, Law
Government of Tripura
Printed at the Tripura G
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