The West Bengal Medicare Service Persons And Medicare Service Institutions ( Prevention Of Violence And Damage To Property ) Act, 2009

Rothata aytte wzRgrs7i44 
Extraordinary 
Published by Authority 
Regd. No. WB/SC-320 	 No.WB/CPS/Raj-9(Part 111)/2009 
BHADRA 12] 	 THURSDAY, SEPTEMBER 3, 2009 	 [SAKA 1931 
PART III—Acts of the West Bengal Legislature 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1423-L.-3rd September, 2009.—The following Act of the West Bengal Legislature, having been assented to 
by the Governor, is hereby published for general information:— 
West Bengal Act XI of 2009 
THE WEST BENGAL MEDICARE SERVICE PERSONS AND 
MEDICARE SERVICE INSTITUTIONS (PREVENTION OF 
VIOLENCE AND DAMAGE TO PROPERTY) ACT, 2009. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 3rd September, 2009.] 
An Act to prohibit violence against medicare service persons and damage to 
property in medicare service institutions and for matters connected therewith 
and incidental thereto. 
WHEREAS it is expedient to prohibit violence against medicare service persons 
and damage to property in medicare service institutions and for matters connected 
therewith and incidental thereto since acts of violence causing injury or danger to life 
of medicare service persons and damage to property of medicare service institutions 
are on the increase in the State creating unrest in medicare professionals resulting in 
total hindrance of such services in the State; 
It is hereby enacted in the Sixtieth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
Short title, extent 	 1. (1) This Act may be called the West Bengal Medicare Service Persons and commencement. 
Act, 2009. 
(2) It extends to the whole of the State of West Bengal. 
(3) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 
Definitions. 	 2. In this Act, unless the context otherwise requires,— 
(1) "medicare service institutions" means the institutions providing medicare to 
people which are under the control of State Government or Central 
Government or Local Bodies, including any private hospital having facilities 
20 
and Medicare Service Institutions (Prevention of Violence and Damage to Property) 
21] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 3, 2009 	 [PART III 
Act not in 
derogation of any 
other law. 
The West Bengal Medicare Service Persons and Medicare Service Institutions 
(Prevention of Violence and Damage to Property) Act, 2009. 
(Sections 3-7.) 
for treatment of the sick and used for their reception or stay; any private 
maternity 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, injury or infirmity whether of body or mind and providing 
treatment or nursing or both of them; 
(2) "medicare service persons" in relation to a medicare service institution shall 
include— 
(a) registered medical practitioner, working in medicare service institutions 
(including those having provisional registration); 
(b) registered nurses; 
(c) medical students; 
(d) nursing students; and 
(e) paramedical workers or any other person 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 organisation commits or attempts to commit 
or abets or incites the commission of violence under this Act; 
(4) "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; 
(5) "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 damage to 
property in medicare service institution. 
3. Any act of violence against medicare service persons or damage to property 
in a medicare service institution is hereby prohibited. 
4. Any offender who commits any act in contravention of section 3, shall be 
punished with imprisonment for a term which may extend to three years and with fine 
which may extend to fifty thousand rupees. 
5. Any offence committed under section 3, shall be cognizable and non-
bailable. 
6. (1) In addition to the punishment specified in section 4, 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. 
(2) If the offender has not paid the compensation under sub-section (1), the 
said sum shall be recovered under the provisions of the Bengal Public Demands Ben. Act III 
Recovery Act, 1913, as if it were an arrear of land- revenue due from him. 	 of 1913. 
7. The provisions of this Act shall be in addition to, and not in derogation of, 
the provisions of any other law. 
Prohibition of 
violence. 
Penalty. 
Cognizance of 
offence. 
Recovery of loss 
for the damage 
caused to the 
property. 
By order of the Governor, 
ASHIM KUMAR ROY, 
Secy.-in-charge to the Govt. of West Bengal, 
Law Department. 
Published by the Controller ofPrinting & Stationary, West Bengal and printed byAsstt. Supdt. at "Secretary to the Governor's Press, Raj Bhavan, Kolkata". 

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