The Goa Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2013

GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division ______ Notification 7/24/2013-LA

The Goa Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2013 (Goa Act 24 of 2013), which has been passed by the Legislative Assembly of Goa on 15-10-2013 and assented to by the Governor of Goa on 2511-2013, is hereby published for general information of the public.

Porvorim, 26th November, 2013.

Sharad G. Marathe, Joint Secretary (Law)

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The Goa Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2013

(Goa Act 24 of 2013) [25-11-2013] AN

ACT to provide for the prevention of violence against Medicare Service Personnel and prevention of damage or loss to property of Medicare Service Institutions in the State of Goa and for matters connected therewith or incidental thereto.

Be it enacted by the Legislative Assembly of Goa in the Sixty-fourth Year of the Republic of India, as follows:—

1. (1) This Act may be called the Goa Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2013.
2. (2) It shall extend to the whole of the State of Goa.
3. (3) It shall come into force on such date as the Government may, by notification in the

Definitions — In this Act, unless the context otherwise requires,—

1. (a) “Government” means the Government of Goa.
2. (b) “Medicare Service Institution” means,—
   • (i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an organization or an institution by whatever name called that provides services in any recognized system of medicine and having facilities requiring diagnosis and/or treatment or care for illness, injury, deformity, abnormality, pregnancy or first aid, emergency medical services or any other medical services, either within its premises or through mobile medical unit or medical checkup camps or otherwise, or
   • (ii) a place established as an independent entity or part of an institution referred to in sub- clause (i) in connection with the diagnosis and treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, owned, controlled or managed by—
3. (a) the Central, or State Government; or
4. (b) a trust, whether public or private; or
5. (c) a corporation (including a society) registered under a Central, or State Act, whether owned by the Central, or State Government or not; or
6. (d) a local authority; or
7. (e) a medical practitioner.
8. (c) “Medicare Service Personnel”, in relation to a Medicare Service Institution, shall include,—
   • (i) registered medical practitioner.
   • (ii) registered nurses, nursing aids, mid-wives.
   • (iii) Medical Students.
   • (iv) Nursing Students; and
   • (v) para-medical workers, ambulance service providers, and diagnostic services providers.
   • (vi) any other personnel who are working in the medicare service institution for the purpose of training, studies etc.
9. (d) “medical student” means a student, who is undergoing training or studies in medical profession.
10. (e) “mobile medical unit” means an ambulance equipped with medical equipment, used for providing medicare services.
11. (f) “nursing student” means a student, who is undergoing training or studies in nursing profession.
12. (g) “offender” means any person, who either by himself or as a member or leader of a group of persons or organization commits or attempts to commit or abets or incites the commission of violence.
13. (h) “para-medical worker” means a person, who assists the Medicare Service Personnel for providing medicare services. (i)“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 Personnel or Medicare Service Institution. (j)“section” means section of this Act.
14. (k) “violence” means an act, which causes or may cause any harm, injury or intimidation or obstruction or hindrance to or endangers the life of any Medicare Service Personnel while discharging his duty in a Medicare Service Institution or which causes damage or loss to the property in a Medicare Service Institution.

damage or loss to property in a Medicare Service Institution is hereby prohibited.

incites the commission of violence against medicare service personnel or causes damage or loss to the property of Medicare Service Institution shall, upon conviction be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fifty thousand rupees or with both.

shall be cognizable and non-bailable.

1. (1) In addition to the punishment specified in section 4, the offender shall be liable to pay compensation 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 compensation imposed under sub-section (1) the same sum shall be recovered as if it were arrears of land revenue, due from him. (3) Any person who is convicted under section 4 of this Act shall deposit such sum of money as specified below, with the Court of the Judicial Magistrate First Class. This sum shall remain with the Court until disposal of the case,— (i) in the event of an assault on any Medicare Service Personnel resulting in a simple injury not requiring absence from duty, Rs. 50,000.00. (ii) in the event of an assault on any Medicare Service Personnel resulting in a simple injury requiring a period of absence from duty, Rs. 75,000.00. (iii) in the event of an assault on any Medicare Service Personnel resulting in grievous injury, requiring a period of absence from duty Rs. 1,00,000.00. (4) In the event the accused is found not guilty by the Court of the Judicial Magistrate First class, the sum deposited with the Court under sub-section (3) of section 6 above shall be returned to the person. (5) If the accused is found guilty then this sum shall be adjusted against any fines, penalties imposed by the court of the Judicial Magistrate.

punishment specified in section 4, the offender shall be liable to pay compensation 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.

1. (2) If the offender has not paid the compensation imposed under sub-section (1) the same sum shall be recovered as if it were arrears of land revenue, due from him.
2. (3) Any person who is convicted under section 4 of this Act shall deposit such sum of money as specified below, with the Court of the Judicial Magistrate First Class. This sum shall remain with the Court until disposal of the case,—
   • (i) in the event of an assault on any Medicare Service Personnel resulting in a simple injury not requiring absence from duty, Rs. 50,000.00.
   • (ii) in the event of an assault on any Medicare Service Personnel resulting in a simple injury requiring a period of absence from duty, Rs. 75,000.00.
   • (iii) in the event of an assault on any Medicare Service Personnel resulting in grievous injury, requiring a period of absence from duty Rs. 1,00,000.00.
3. (4) In the event the accused is found not guilty by the Court of the Judicial Magistrate First class, the sum deposited with the Court under sub-section (3) of section 6 above shall be returned to the person.
4. (5) If the accused is found guilty then this sum shall be adjusted against any fines, penalties imposed by the court of the Judicial Magistrate.

1. (1) The Government shall, by notification in the Official Gazette, constitute the Committee to hear grievances of victims of medical negligence or mismanagement and to aid and advise such victims for taking recourse to an appropriate forum for suitable relief.
2. (2) The Committee shall consist of experts one each from the field of medical, law, consumer movement and health management.
3. (3) The conditions of service of the experts mentioned in sub-section (2), and the procedure to be followed by the Committee shall be such as may be specified by the Government by an order in this behalf.

Nothing in this Act shall be deemed to affect the operation of any other law and the rules made thereunder and the provisions of this Act shall be in addition to and not in derogation of the provisions of such other law and rules made thereunder.

make rules for carrying out the purposes of this Act.

Secretariat, Porvorim-Goa. Dated: 26-11-2013

PRAMOD V. KAMAT Secretary to the Govt. of Goa Law Department (Legal Affairs).