The Madhya Pradesh Chikitsak Tatha Chikitsa Seva Se Sambaddha Vyaktiyon Ki Suraksha Adhiniyam, 2008

(1) This Act may be called the Madhya Pradesh Chikitsak Tatha Chikitsa Seva Se Sambaddha Vyaktiyon Ki Suraksha Adhiniyam, 2008. (2) It extends to the whole State of Madhya Pradesh. (3) It shall come into force from the date of its publication in the Gazette.

(1) In this Act, unless the context otherwise requires,— (a) "Medical and Health Service Institutions" means all institutions providing medical or health services to the public which are under the control of the State Government or Central Government or an undertaking of the State Government or local bodies, etc., and including all private medical establishments (registered under Registration and Licencing Act, 1973 (No. 47 of 1973)) including nursing homes, hospitals,, dispensaries, medical laboratories,, and physiotherapy establishments; (b) "Medical and health service persons" in relation to medical and health service institutions means— (i) Registered medical practitioner; (ii) Registered nurses; (iii) Registered midwives (mid-wives); (iv) Para-medical workers; (v) Medical students; (vi) Nursing students; (vii) Para-medical students; (viii) Any other person working in medical and health service institutions, such as helpers, ward boys, clerical staff etc.; (c) "Medical student" means a student undergoing graduation or post-graduation in any recognized medical system; (d) "Nursing student" means a student undergoing a diploma or degree course in nursing, midwifery; (e) "Para-medical student" means a student undergoing a diploma or degree in para-medical course; (f) "Recognized medical system" means the following systems, namely:— (i) The modern scientific system of medicine (allopathic) within the meaning of the Indian Medical Council Act, 1956 (No. 102 of 1956); (ii) The homeopathic system of medicine as defined in clause (g) of section 2 of the Madhya Pradesh Homeopathic Council Act, 1976 (No. 19 of 1976); (iii) The Ayurvedic, Unani and Naturopathy system of medicine as defined in clause (g) of section 2 of the Madhya Pradesh Ayurvigyan, Unani Tatha Prakritik Chikitsa Vyavsayi Adhiniyam, 1970 (No. 5 of 1971); (g) "Registered medical practitioner" means any person recognized under any law as a medical practitioner of an approved system of medicine i.e. modern medical system (allopathy), Ayurvedic and Unani system, Siddha and Naturopathy and Homeopathic and Bio-chemic system of medicine and who is duly enlisted in the State Medical Register of the said medical system (including those whose registration is temporary). (2) Words and expressions used but not defined in this Act shall have the same meaning as are respectively assigned to them in the Madhya Pradesh Upchar-Grih Tatha Rujopchar Sambandhi Sthapnayein (Registration Tatha Anujyapan) Adhiniyam, 1973 (No. 47 of 1973), Madhya Pradesh Sah-Chikitsiya Parishad Adhiniyam, 2000 (No. 1 of 2001) and the Indian Penal Code, 1860 (No. 45 of 1860).

Any act of assault, criminal force, intimidation and threat to medical and health service person during or incidental to discharge of his lawful duties pertinent to medical and health care delivery within medical and service institutions or in a mobile clinic or in an ambulance shall be prohibited.

Whoever voluntarily commits any act in contravention of Section 3 shall be punished with imprisonment of either description for term which may extend to three months or with fine which may extend to ten thousand rupees or both.

Any offence committed under section 3 shall be cognizable and non-bailable.

The offence punishable under this Act may be compounded by the aggrieved persons with the permission of the court.

No Court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.

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.