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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ 2017 } | 22 { No. 39 Poudouchéry Jeudi 2 2 Juin 2017
No. Puducherry Thursday 22nd June 2017
( 1 Asadha 1939 )
GOVERNMENT OF PUDUCHERRY
LEGISLATIVE ASSEMBLY SECRETARIAT
No. 104-1/2017-LA(Legn).
Puducherry, the 19th June 2017.
Under rule 140 of Rules of Procedure and Conduct of Business
of the Puducherry Legislative Assembly, the following Bill viz.,
The Puducherry Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss or Property) Bill, 2017 (Bill No. 12/2017).
which was introduced in the Legislative Assembly on June 15, 2017 is published for general information.
A. VINCENT RAYAR, Secretary.
[ 883 ] 884 LA GAZETTE DE L'ETAT [PART–II
THE PUDUCHERRY MEDICARE SERVICE PERSONS AND MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE OR LOSS OF PROPERTY) BILL, 2017 (Bill No. 12/2017)
A
B ILL
to prohibit violence against medicare service
persons and damage or loss to property
of medicare service institutions in the
Union territory of Puducherry and for matters
connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Puducherry in the Sixty-eighth Year of the Republic of India as follows :—
S h o r t t i t l e , e x t e n t a n d commencement.
1. (1) This Act may be called the Puducherry Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2017.
(2) It extends to the whole of the Union
territory of Puducherry.
(3) It shall come into force at once.
Definitions.
2. In this Act, unless the context otherwise
requires:—
(a) "Medicare service institution" means any institution, providing medicare to people which is under the control of the Government or Local Bodies including any private hospital 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 885
PART–II] LA GAZETTE DE L'ETAT
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.
(b) "Medicare service person" in relation to a medicare service institution shall include—
(i) registered Medical Practitioners (including a person having provisional registration),
(ii) registered nurses,
(iii) medical students,
(iv) nursing students,
(v) para-medical workers,
(vi) any other person employed in the m e d i c a r e i n s t i t u t i o n s , w h e t h e r temporary, permanent, adhoc or under contract of service. Employed and working in such medicare service institutions;
(c) "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;
(d) "violence" means any activity 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 damage or loss to the property.
886 LA GAZETTE DE L'ETAT [PART–II
3. Any person who either by himself or as
a member or as a leader of a group of persons
Punishment for c o m m i t t i n g violence.
or 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 shall not be less than three years
but, which may extend to ten years and with
fine.
4. Any offence committed under section 3,
C ogn i za n c e of offen ce.
shall be cognizable and non-bailable.
5. (1) In addition to the punishment specified
in section 3, the person who has committed any
such violence shall be liable to pay compensation
Liability to pay c o m p e n s a t i o n for the damage or loss caused to the property.
for the damage or loss caused to the property, as
determined by the Court.
(2) If, such person commits default in
paying the compensation under sub-section (1),
the said sum shall be recovered under the provisions
of the Puducherry Revenue Recovery Act, 1970
Ac t No.14 o f 1970.
as if, it were an arrear of land revenue.
6. No claim for compensation for the damage
Bar of certain proceedings.
or loss caused to the property shall be made by
the medicare service person or medicare service 7. Save as otherwise provided in this Act,
the provisions of this Act shall be in addition to
O p e r a t i o n o f other laws not affec ted.
887
PART–II] LA GAZETTE DE L'ETAT
STATEMENT OF OBJECTS AND REASONS
Acts of violence causing injury or damage to life of medicare
service persons and damage or loss to the property of medicare
service institutions are on the increase in the Union Territory
creating unrest among medicare service persons resulting in
total hindrance of such services in the Union Territory.
It has therefore, become necessary to punish the persons
committing violence by making the offence 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.
For this purpose, it is proposed to enact a legislation to
provide for prohibition of violence against medicare service
persons and damage or loss to property of medicare service
institutions in the Union territory of Puducherry.
The Bill seeks to achieve the above objects.
MALLADI KRISHNA RAO,
Health Minister.
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online publication at "http://styandptg.puducherry.gov.in" Government Central Press Directorate of Stationery and Printing Puducherry-605 009.