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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 antenatal 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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(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 State Govemment 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 5