The Tripura Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013

(1) This Act may be called "The Tripura Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013". (2) It extends to the whole of the State of Tripura. (3) It shall come into force on the date of its publication in the official Gazette.

In this Act, unless the context otherwise requires. - (a) "medicare service" means the act of providing medical treatment and care including antenatal and postnatal care in connection with child birth or anything connected therewith; or nursing care in any form to persons suffering from sickness, injury or infirmities whether of body or mind ; (b) "medicare service institutions" means the institutions providing Medicare to people which are under the control of State Govt. or Central govt. or Local bodies, including any private hospital having facilities for treatment of the sick and used for their reception or stay; any private maternity home where women are usually 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 from any sickness, injury or infirmity whether of body or mind and providing treatment or nursing or both of them ; (c) "medicare service persons" in relation to a Medicare service institution shall include - (i) registered medical practitioner, working in medicare service institutions (including those having provisional registration); (ii) registered nurses; (iii) medical student; (iv) nursing students; and (v) paramedical workers; (d) "medical student" means a student, who is undergoing training or studies in medical profession, on duty; (e) "nursing student" means a student, who is undergoing training or studies in nursing profession on duty: (f) "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; (g) "para medical worker" means a person, who assists the medicare service person providing medicare services, on duty; (h) "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 ; (i) "violence" means activities of causing any harm, injury or endangering the life or intimidation, obstruction or hindrance to any medicare service person while discharging his duty in the medicare service institution, or damage to property in medicare Service institution.

Whoever (a) commits an act of violence against a medicare service person; or (b) causes any damage to the property of any medicare service institution, shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to Rs. 50,000.

An offence punishable under section 3 shall be cognizable and non-bailable.

(1) In addition to the punishment specified in section 3, the offender shall be liable to pay compensation for the damage or loss caused to the property, as determined by the court trying the offender. Provided that in case of damage or loss caused to the medical equipment, the quantum of compensation shall not be less than the amount of purchase price of such equipment. (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 Tripura Public Demands Recovery Act, 2000, as if it were an arrear of land-revenue due from him.

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

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.