 bill  no  xxxviii of  2008 the medicare service persons and medicare service institutions (protection from violence and damage to property) bill, 2008 a billto protect the medicare service persons and medicare service institutions from violence and damage to property and impose punishment on the offender and for matter connected there with and incidental thereto be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the medicare service persons and medicare service institutions (protection from violence and damage to property) act, 2008short title, extent and commencement(2) it extends to the whole country (3) it shall come into force on such date, as the central government may appoint5definitions2 in this act, unless the context otherwise requires,—(a) "medicare service institutions" mean all institutions providing medical care to people which are under the control of  states or central government or local bodies5etc, 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 received and accommodated for the purpose of confinement and anti-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 of treatment for nursing or both of them and includes a maternity home or convalescent home, etc,(b) "medicare service person" include:—10(i) registered medical practitioners, working in medicare institutions(including those having provisional registration);(ii) registered nurses; (iii) medical students; (iv) nursing students;15(v) para medical workers employed and working in medicare service institutions; (c) "offender" means any person who either by himself or as a leader of a group of persons or an organization, commits or attempts to commit or abets or incites the commission of violence under this act; and20(d) "violence" means activities of causing any harm, injury or endangering the life or intimidation, obstruction or hindrance to any medicare service person in discharge of duty in the medicare service institution or damage to property in medicare service institution25prohibition of violence3 any act of violence against medicare service persons or damage to property in amedicare service institution is hereby prohibitedpenalty4 any offender, who is found guilty of committing an act in contravention of section3, shall be punishable with imprisonment for a term of three years and also with fine which may extend to fifty thousand rupees5 any offence committed under section 3, shall be cognizable and non-bailableoffence to be cognizable and non bailable306 (1) in addition to the punishment specified in section 4, the offender shall also be liable to a penalty of twice the amount of purchase price of medical equipment damaged and the loss caused to the property as determined by the court trying the offenderrecovery of loss for the damage caused to property35(2) if the offender fails to pay the penal amount under sub-section (1), the said amount shall be recovered from him under the provisions of this act as if it were an arrear of land revenueoverriding effects7 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith  contained in any other law for the time being in force on the subject and save  as aforesaid the provisions of this act shall be in addition to and not derogation of any other law for the time being in force40power to make rules8 the central government may by notification in the official gazette, make rules forcarrying out the purpose of this act statement  of  objects  and  reasonsacts of violence causing injury or danger to the life of persons engaged in medicare services as also damage to  property belonging to medicare institutions  are on the increase in the century  as a result of such incidents  against  medicare persons, patients visiting hospitals have to suffer tremendouslythese acts are resorted to by the relatives and alives acquaintances of patients who are not satisfied with the treatment given to the patients and sametime also by unrully elements of societyas of now, there is no law in the country to safeguard the life of the doctors, paramedical staff and others who as associated with medicare as also damage to property of medicare service institutionsit is, therefore, necessary that a suitable law be passed to prohibit violence against medicare service persons and damage to property in medicare service institutions in the country before the situtation becomes alarminghence this billprakash  javadekar memorandum  regarding  delegated  legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only as such the delegation of legislative power is of normal character———— a billto protect the medicare  service persons and medicare service institutions from violence and damage to property and impose punishment on the offender and for matter connected therewith and incidental thereto————(shri prakash javadekar, mp)gmgipmrnd—663rs(s-5)—13-02-2009