 bill no 9 of  2012 the compulsory medical preparedness in schools bill, 2012 by dr kirit premjibhai solanki, mp abillto provide for compulsory medical preparedness in schools to deal with medical emergencies and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and extent1 (1) this act may be called the compulsory medical preparedness in schools act,2012(2) it extends to the whole of indiadefinitions52 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "doctor" means a medical practitioner registered with the medical council ofindia;(c) "prescribed" means prescribed by rules made under this act; and5(d) "school" means a school run by the central government or a state government or a local authority or by an authority designated or sponsored by the appropriate government and includes government aided school and recognised private school imparting education upto twelfth standard 3 (1) the central government shall, in consultation with the medical council of india, within a period of six months from the commencement of this act, formulate a health policy for students in schools prescribing norms to be followed in case of medical emergencycentral government to formulate health policy for students in schools10(2) the central government shall issue guidelines and directions to the  state governments with regard to medical preparedness in schools from time to time4 it shall be the duty of the appropriate government to ensure that every school, within its jurisdiction, is fully prepared to deal with any medical emergencyschools to be prepared for medical emergency5 it shall be the duty of the appropriate government to,—15(i) appoint a registered medical practitioner and a qualified nurse in every school;(ii) make provision of a full-fledged first-aid centre having life saving equipments and medicines in every school; and appropriate government to appoint doctors and nurses to provide certain facilities in every school(iii) make provision of an ambulance in every school206 (1) every school shall maintain health data of every student who is suffering from any life threatening disease, in consultation with his parents or guardians or family doctors, in such manner as may be prescribed(2) it shall be the duty of every parent to apprise the school administration of the special medical needs of his school going child and keep a slip in the school bag of the child mentioning the kind of medical treatment being taken by the childschools to maintain health data of students suffering from life threatening disease257 every school shall make arrangements with nearby government or private hospitals for the purpose of providing immediate medical treatment to students in emergencyarrangement with hospitals by schools to provide medical treatment to students in emergency 8 the appropriate government shall take steps to organise, from time to time, firstaid training programmes in every school to train every teacher and non-teaching staff member to help the students during medical emergencyappropriate government to organise first-aid training programmes for teachers and staff of every school309 the appropriate government shall designate an authority in every district to monitor and conduct an inspection of medical preparedness in every school at least once in each financial year, in such manner as may be prescribedmonitoring and inspection of medical preparedness in schools10 the appropriate government shall take steps to ensure that no school charges any extra amount from the parents of students for arranging medical preparedness or refuses admission to any child, who is suffering from any disease which is not life threateningschools not to charge extra amount for arranging medical preparedness11 the central government shall, after due appropriation made by parliament, in this behalf provide requisite funds for the purposes of this actcentral government to provide funds penalty12 any person who contravenes the provisions of this act shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to two lakh rupees or with both5power to remove difficulties13 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:10provided that no such order shall be made after the expiry of the period of three yearsfrom the date of commencement of this actact to have overriding effect14 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force relating to medical preparedness in schools or in any instrument having effect by virtue of any law other than this act1515 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of any other law power to make rules16 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act20 25(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, 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 immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only 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 statement  of  objects  and  reasonsincidents of medical emergency in schools due to injury caused to the students or sickness are very common now a days of late, many incidents have come to light wherein students lost their lives for want of proper and immediate medical help in schools in an incident, a young girl of sixteen years age lost her life as she was not given any first-aid in school and reportedly there was delay in transporting her to the hospital as of now, even the department of education does not have any health policy for students in schools every school follows its own set of norms to deal with children's medical emergency therefore, there is no proper, uniform and adequate arrangement for medical help to students in emergency as of now the government has not issued any direction to schools in this regard there is an urgent need that proper attention be paid to make available medical facilities and infrastructure in schools to deal with such emergencies every school should have a registered doctor, qualified nurse and first-aid centre equipped with life saving medicines it is also required that every school shall make some arrangement with nearby hospitals to provide medical treatment to students in the eventuality of any accident or medical emergency the central government should also come out with a health policy for students in schools to handle the medical emergency and to provide health services to the students in schoolsthe bill seeks to achieve above objectivesnew delhi;kirit premjibhai solankinovember 22, 2011 financial  memorandumclause 5 of the bill provides that the appropriate government shall appoint a doctor and a nurse in every school it also provides for arrangement of first-aid centre and ambulance in every school clause 7 provides that every school shall make arrangements with nearby hospitals including private hospitals to provide medical treatment to students in emergency clause 8 provides that the appropriate government shall organise first-aid training programmes for teachers and staff members in every school clause 11 provides that the central government, shall after due appropriation, provide adequate funds to the state governments for the purposes of this act the bill, therefore, if enacted would involve expenditure from the consolidated fund of india the state governments have to incur some expenditure from their respective consolidated funds in respect of their states supplemented by assistance from the central government it is estimated that an annual recurring expenditure of rupees fifty hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of rupees one hundred crore is also likely to be involved memorandum  regarding  delegated  legislationclause 16 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a bill to provide for compulsory medical preparedness in schools to deal with medical emergencies and for matters connected therewith or incidental thereto————(dr kirit premjibhai solanki, mp)gmgipmrnd—4049ls—05032012