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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.

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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22 {

No. 39

Poudouchéry

Jeudi

22

Juin

2017

No.

Puducherry

Thursday

22nd

June

2017

( 1 Asadha 1939 )

Registered No.

SSP/PY/44/2015-17

WPP No. TN/PMG(CCR)/

WPP-88/2015-17

Dated : 22-6-2017

Price : ` 2-00

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LA GAZETTE DE L'ETAT

[PART–II

S h o r t

t i t l e ,

e x t e n t

a n d

commencement.

Definitions.

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

BILL

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 :—

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.

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

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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

medicare institutions, whether

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.

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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

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,

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

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

as if, it were an arrear of land revenue.

6. 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 authority, under any other

law for the time being in force.

7. 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.

Punishment for

c o m m i t t i n g

violence.

Cognizance of

offence.

Liability to pay

c o m p e n s a t i o n

for the damage

or loss caused

to the property.

Bar of certain

proceedings.

Act

No.14

of

1970.

O p e ra t i on

o f

other laws not

affected.

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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.

—————

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-605 009.