The Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2008

HISTORY

The last couple of decades the people of the state have been witnessing violent assault, intimidation and harassment on the medical profession.

It is a very common scenario that the relatives of a diseased person, in the tide of sentiments, often attack the doctors nurses, Para medical staffs and medical establishments causing immense loss of property. These incidents created unrest among Medicare service persons.

(cont…)

In order to prevent the persons committing violence against Medicare service persons and Medicare service institution TamilNadu Government first promulgated an ordinance in 2008 by making the offences 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.

Later this ordinance turned in to an Act and came in to effect from the 18th day of July 2008.

To prohibit violence against Medicare service persons To prevent damage or loss to the property of Medicare

service institutions.

Institutions providing Medicare to people which is under the control of the State or the Central Government or local bodies

Private maternity home All private nursing home

What is meant by Medicare Service

Institution

(a) Registered medical practitioners (including a person having provisional registration);

(b) registered nurses; (c) medical students; (d) nursing students; (e) Para medical workers; employed and working

in such Medicare service institutions

Who comes under the term Medicare

Service Persons

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

VIOLENCE MEANS

Activities of causing, any harm, injury or endangering the life or intimidation, obstruction or while discharging his duty in the

Medicare hindrance to any Medicare service person or service institution or

going to such institution for performing duty or returning from such institution after performing such duty or causing damage or loss to the property

OFFENCE

Any act of violence against Medicare service persons or damage to property in a Medicare service

either by himself or as a member or as a leader of a group of persons or

organization, commits or who ever attempts to commit or abets or incites the commission of any act of

violence is an offence under the Act (Sec 3 )

PUNISHMENT FOR THE OFFENCE

The person who commits the offence 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.

COMPENSATION

In addition to the punishment specified in Section,3 The person committing the offence shall also be

liable to pay compensation for the damage or loss caused to the property, as determined by the court.

If the person has not paid the compensation the

said , sum shall be recovered as if it were an arrear of land revenue (Under The Tamil Nadu Revenue Recovery Act, 1864 (Sec 5))

COGNIZANCE OF OFFENCE

Any offence committed under Section 3, shall be cognizable and non bailable (Sec 4)

Note :Cognizable offence means a criminal offence in which the police is empowered to register an FIR, investigate, and arrest an accused without a court issued warrantNon-bailable offence means the person shall not be automatically entitled to be released on bail The decision is only taken by a Judicial Magistrate/Judge

Suggestion for Effective implementation

Awareness about the law must be created among all sections of people in the society

Authorities who are registering the complaint must register under the provisions of The Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2008.