i3 MANIPUR GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1150 Imphal, Thursday, February 18, 2016 _ (Magha 29, 1937) GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NO-TIFIQATION Imphal, February 18, 2016 N0. 2/34/2015-Leg/L: The following Act of the Legislature, Manipur which receivedassent of the Governor of Manipuron February 10,201613hereby pubhshed1n the Official Gazette:
THE MANIPUR MEDICARE SERVICE PERSONNELAND MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE To PROPERTY) _ ACT, 2015 , _ (MANIPUR ACT NO. 3 OF 2016) AN ACT ‘ , to prevent violence against medicare service personnel and. damage to property to medicare service institutions in the State ofMampur andfor matters connected therewith or incidentaé thereto.
BE11 enacted by the LegislatureofMampur1nthe Sixty~sixth year ofthe Republic of111thas follows:
1. (1) This Act may be called the Manipur Medicare Service Personnel Shortum.
and Medicare Service Institutions (Prevention ofViol'ence and Damage Wt“! t to Property) Act, 201 5.
(2) It shall extend to the whole ofthe State ofManipur.
(3) It shall come into force op such date as the State Gevemment may, by notification in the official Gazette, appoint.
A 1 # W M ‘ J w — I§§ I Definitions 2
2. In this Act, unless the context otherwise requires:-
(a).
Cb) <c>
(d)
(6) (3
(h) “medicare service institutions” means institutidns previding medicare to people or providing diagnostic service to people, which are under the control ofState Government or Central Government or local bodies or medicare service institutions operated by autonomous bodies or trusts or individuals including maternity homes, clinics, hospitals, nursing homes, diagnostic centres; ‘ “medicare service personnel” includes registered medieal ' practitioners, medical students, registered nurses, nursing students, nursing aids, midwives, paramedical workers, ambulance service providers, diagnostic service providers and any other personnel who work in the premises ofmedicare service institutions for the purpose oftraining or studies;
“medical studen” means a student, who13 undergoing training or studies11:medicalprofession;
“nursing student” means "a smdent, who is undergoing waning or studies in nursing profession; ' “offendeT” means any person who either himelf/herselfor as a member ofa group ofpersons or organisation commits or attempts to. commit or abets or ineites the commission of violence; ' I “property”’me‘ans any property movable or immovable or medical equipment or medical machinery owned by or in possession of or Under the contfol of any medicare service ' person or medicare service institution;
“State” means the State ofManipur;
“violence” means activities of causing harm or injury or endangering life or intimidation, obstruction or hindranCe to medical service personnel or causing damage to the property cfmedical service instimtion.
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3.; Any act ofviolence againstmedicare service person or damageor loiss ofproperty 111.21medicareservice institution, shall be prohibited.
| i 4 Any ofi‘ehder, who 00111111115 01 attempts to commit or abets or incites the commission ofany act ofvmlence1n contravention' ofthe provisions 1 Prohibition of I violence ' ‘ Penalty .
ofsection 3, shall be punished.withunprisonment whichmay extend to . I three yeaxs, and with fineIwhich may extend tofifty thousand rupees.
1 i
5.’ Any ofi'ence»eom11fit;ted under:this Act, shall be cughizable and:
non-bail'ab—le Land hiable by a (301111 ofthe Chiefliudiciai Magistrate; 1, x ' 6 (1)in addition to the‘pxmishment specified in section 4,111555m shall be liable to pay compensation ofmm the ameunt ofdamage or 1955 caused to the property, as maybe determinedby the Court.
(2) Ifthe offender has not paid the compensation i111posed under subsection (1),theseine sum shallbe recovered as ifit was afineImpose by a Cburt qfIewunder Code ofCriminal Procedui'e, 19173.
7. The head ofmedicare iseniice in5fitution where the offencehas been ‘ committed or his authofized representative shall becompetent to make .3 ‘ complaintunderthisAct withthe law enforcingainhority.
l 4 8, -(I)Whe11everthere15 g vielence against the medieere service or loss ' - ofproperty in a Medicare Institution; the Head ofthe Medicare Institution shallimmediately reportto theSuiteGovernment111 the Health Department withfullpattimflai's ofthe incident.
(2) On receipt ofSuch above report, the?State [Goyemmeht shall make anenquiry as to the cause ofthe incident as wellas toidentity theperson!
persoh5 invelved111 such incident. ,
(3) 011 enquiry, ifa medicare service personnel orhealth care provider or authofityofthe health carecentre is tbund responsible for commission ofmediCal negligeneeundei this Act, he shall alsobe deemedto haYe committedan offence underthis Act .
9. The provisions ofthisAct shallbem addition to ahd not in deiogatien Iofany other law for the timebeing1n fotee. ' ' | 1 Chgnizahle offence .
11115111131111”). Q compensation for , loss or'damage - caused to propefiy 1 Authority to. 1116.- complaint negiigience 1 Provisions to he in addition to' ' existing laws . , | 1 4 Pretectioh 01' 3 10 No suit, prosecution or ether legal proceedingsjshall tie against any 3%:32” i" ' officer ofthe State Government for anything Which:15 in 311011 faith done g _ or intended to be done undet this Act.
i Power to mime . 1 1. Ifa11y dificulty arises in.giving chestto the provisions ofthis Act,the _diff‘c§‘lfi“ State Government may, by order, make such provisions or give such t V ? direetionslnot inconsistent with the provisions ofthis Act as may appear : to it .10 be hebessaryor expedient for the removal ofthe difficulty:
- Provided that no such po'wetshall be exercised after, the expiry ofa 1 period oftwo years from the commencement ofthis Act.
Printed at the Directorate of Printing & Stationery, Government of Manipur/305—C/1 8-02—2016.