The Andhra Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008.

English — official source version

act_no_11_of_2008.pdf.txt

THE ANDHRA PRDESH MEDICARE SERVICE PERSONS AND
MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE

AND DAMAGE TO PROPERTY) ACT, 2008

 (ACT No.11 of 2008)
ARRANGEMENT OF SECTIONS

SECTIONS
1. Short title, extent and commencement.

2. Definitions.

3.       Prohibition of violence.

4.       Penalty.

5. Cognizance of offence.

6. Recovery of loss for the damage caused to the property.

7.       Act not in derogation of any other law.

8.  Repeal of Ordinance No.16 of 2007.



THE ANDHRA PRADESH MEDICARE SERVICE PERSONS AND
MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE
AND DAMAGE TO PROPERTY) ACT, 2008.

(Act No.11 of 2008)

[22nd April, 2008]

AN ACT TO PROHIBIT VIOLENCE AGAINST MEDICARE SERVICE
PERSONS AND DAMAGE TO PROPERTY IN MEDICARE
SERVICE INSTITUTIONS AND FOR MATTERS CONNCETED
THEREWITH AND INCIDENTAL THERETO.

Whereas, 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 Medicate Professionals resulting in towards hindrance
of such services in the State.

  And whereas, it has become necessary to prohibit such violent
activities by making the offences as cognizable and non-bailable.

  Be it enacted by the Legislature of the State of Andhra
Pradesh in the Fifty-Ninth Year of the Republic of India as follows:

1. Short title, extent and commencement - (1) This Act may
be called the Andhra Pradesh Medicare Service Persons and
Medicare Service Institutions (Prevention of Violence and Damage
to Property) Act, 2008.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall be deemed to have come into force with
effect from the 18th December, 2007.

2. Definitions- In this Act, unless the context otherwise requires,-

(1) ‘Medicare Service Institutions’ means all institutions providing
medicare to people which are under the control of State or Central
Government or Local Bodies etc., including any private hospital
having facilities for treatment of the sick and used for their reception
or stay; any private maternity home where woman are usually
received and 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
any sickness, injury or infirmity whether of body or mind and
providing of treatment for nursing or both of them and includes a
maternity home or convalescent home, etc.,

     (2)‘Medicare Service Persons in relation to a medicare
service institution’ shall include,-



(a) Registered Medical Practitioners, working in Medicare
Institutions (including those having provisional
registration);

(b) Registered Nurses;
(c) Medical Students;
(d) Nursing Students;
(e) Para Medical Workers employed and working in

Medicare Service Institutions;

(1) ‘Offender’ means 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 violence
under this Act;

(2) ‘Violence’ means activities of causing any harm, injury or
endangering the life or intimidation, obstruction or hindrance to any
medicare service person in discharge of duty in the medicare service
institution or damage to property in medicare service institution.

3. Prohibition of violence- Any act of violence against Medicare
service persons or damage to property in a Medicare service
institution is hereby prohibited.

4. Penalty- Any offender who commits any act in contravention of
section 3, shall be punished with imprisonment for a period of three
years and with fine which may extend to fifty thousand rupees.

5. Cognizance of Offence- Any offence committed under section 3
shall be cognizable and non-bailable.

6. Recovery of loss for the damage caused to the property - (1)
In addition to the punishment specified in section 4, the offender
shall be liable to a penalty of twice the amount of purchase price of
medical equipment damaged and loss caused to the property as
determined by the Court trying the offender.

(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 Andhra Pradesh Revenue Recovery Act, 1864 (Act II of 1864) as if
it were an arrear of land revenue due from him.

7. Act not in derogation of any other law - The provisions of this
Act shall be in addition to and not in derogation of the provisions of
any other law, for the time being in force.

8. Repeal of Ordinance No.16 of 2007 - The Andhra Pradesh
Medicare Service Persons and Medicare Service Institutions
(Prevention of Violence and Damage to Property) Ordinance, 2007 is
hereby repealed.