The Karnataka Good Samaritan and Medical Professional (Protection and Regulation During Emergency Situations) Act, 2016
Chapter IX MISCELLANEOUS
Chapter IX MISCELLANEOUS
23. Power to make rules
(1) The Government may, by notification and after previous publication, make rules to carry out all or any of the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.-
- (a) the rights of Good Samaritans in hospitals;
- (b) the treatment of Good Samaritans as witnesses by the police: Provided that any such rule issued by the Government shall be considered as invalid if inconsistent with the existing rights of a Good Samaritan granted under the provisions of this Act;
- (c) simplified court proceedings;
- (d) protection and treatment of medical professionals as witnesses; and
- (e) any other matter for which there is no provision in this Act (including prescribing Appellate Authorities, periods within which appeals or revision petitions have to be filled), and for which provision is, in the opinion of the Government, necessary for giving effect to the purposes of this Act.
- (3) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature. Subject to any modification made under sub-section (4). Every rule made under this Act shall have effect as if enacted in this Act.
- (4) Every rule made under this Act shall be laid down as soon as may be before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session, in which it is so laid or the sessions immediately following both the Houses agree in making any modification in the rule or both the Houses agree that the rule shall not be made, the rule shall thereafter have effect in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter IX MISCELLANEOUS
24. Power to make schemes
The Government may by notification make schemes for the additional assistance of Good Samaritans to provide for remuneration of the reasonable expenses of Good Samaritans who appear as witnesses:-
- (a) free legal aid to Good Samaritans who face civil or criminal proceedings;
- (b) examination of Good Samaritans via video conferencing in courts;
- (c) promoting awareness of the rights of Good Samaritans;
- (d) training in first aid and cardiopulmonary resuscitation for persons employed to respond to emergencies, including the police; and
- (e) any other scheme that is deemed appropriate by the Government from time to time.
Chapter IX MISCELLANEOUS
25. Annual Report
(1) The Appropriate authority shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report on the implementation of the provisions of this Act with the Health and Family Welfare Department of the Government which shall be the nodal agency for all purposes of this Act.
- (2) The annual reports shall be laid, before both houses of the State Legislature.
Chapter IX MISCELLANEOUS
26. Accounts and audit
(1) The appropriate authority shall cause to be maintained such books of accounts and other registers as may be prescribed and shall prepare in the prescribed manner an annual statement of accounts.
- (2) The financial year of the fund shall commence on 1st day of April of each calendar year and shall end on 31st March of the succeeding calendar year.
- (3) The accounts of the fund shall be audited annually by the Principal Director and Controller, State Audit and Accounts Department. The appropriate authority or the Government may order concurrent and special audits also.
- (4) The auditor shall, for the purposes of the audit, have access to all the accounts and other records of the Authority.
- (5) As soon as may be after the receipt of the annual statement of accounts and the report of the auditor, the appropriate authority shall consider it in its meeting and send a copy of the annual statement of accounts together with a copy of the report of the auditor to the Government, along with its explanation on the comments made by the auditor, if any, and a statement of action taken by the appropriate authority to remedy the irregularities or loopholes, if any, pointed out by the auditor.
- (6) The Government may after perusal of the report of the auditor, and other documents submitted to it, as in sub-section (5), give such directions as it thinks fit to the appropriate authority and the appropriate authority shall comply with such directions.
Chapter IX MISCELLANEOUS
27. Educational institutions to impart training in first-aid and emergency care to students
(1) It shall be the duty of every educational institution to impart training in first-aid and emergency care to every student above the age of twelve years for such duration, as may be prescribed.
- (2) The training under sub-section (1) shall be imparted once in every academic year.
- (3) For the purpose of imparting training under sub-section (1), the educational institutions shall take the assistance of such professional or institutions, as the Government may, by notification, specify.
Chapter IX MISCELLANEOUS
28. Organization of awareness programmes and workshops
The Government, shall, from time to time, organize and conduct the awareness programmes, workshops and seminars to,- (a) sensitize the citizens in becoming Good Samaritans; (b) make the citizens aware of emergency care numbers of ambulance services and police assistance; and (c) train the citizens in first-aid and emergency care skill.
- (a) sensitize the citizens in becoming Good Samaritans;
- (b) make the citizens aware of emergency care numbers of ambulance services and police assistance; and
- (c) train the citizens in first-aid and emergency care skill.
Chapter IX MISCELLANEOUS
29. Power to remove difficulties
(1) If any difficulty arises, in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before both houses of the State Legislature.
Chapter IX MISCELLANEOUS
30. Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
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under clause (3) of Article 348 of the Constitution of India.
VAJUBHAI VALA GOVERNOR OF KARNATAKA
By Order and in the name of the Governor of Karnataka,
K.DWARAKANATH BABU Secretary to Government Department of Parliamentary Affairs
FRNI No. KARBIL/2001/47147
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KARNATAKA ACT NO. 5 OF 2019 (First Published in the Karnataka Gazette Extra-ordinary on the twenty third day of January, 2019)
THE KARNATAKA GOOD SAMARITAN AND MEDICAL PROFESSIONAL (PROTECTION AND REGULATION DURING EMERGENCY SITUATIONS) (AMENDMENT) ACT, 2019 (Received the assent of the Governor on the nineteenth day of January, 2019)
An Act to amend the Karnataka Good Samaritan and Medical Professional (Protection and Regulation During Emergency Situations) Act, 2016. Whereas, it is expedient to amend the Karnataka Good Samaritan and Medical Professional (Protection and Regulation During Emergency Situations) Act, 2016. (Karnataka Act 26 of 2018) as the Honourable President of India has given assent to the Karnataka Good Samaritan and Medical
Professional (Protection and Regulation During Emergency Situations) Act, 2016 subject to condition to omit the first proviso to sub-section (1) of section 3 of the said Act. Therefore, it is necessary to amend the said Act accordingly; Be it enacted by the Karnataka State Legislature in the sixty-ninth year of the Republic of India, as follows:- 1. Short title and commencement.– (1) This Act may be called the Karnataka Good Samaritan and Medical Professional (Protection and Regulation During Emergency Situations) (Amendment) Act, 2018.
- (2) Save as otherwise provided in this Act shall come into force at once.
Section 3 is incorporated in the Principal Act
PDF: pending for this language.