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Hospital Protection Act - No. 48 of 2008—Tamil Nadu Medicare Service Persons and Medicare Service Institutions
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 364] CHENNAI, TUESDAY, DECEMBER 2, 2008
Karthigai 17, Thiruvalluvar Aandu–2039
DTP—IV-2 Ex. (364)
Part IV—Section 2
Tamil Nadu Acts and Ordinances
No. 48 of 2008—Tamil Nadu Medicare Service Persons and Medicare Service Institutions
(Prevention of Violence and Damage or Loss to Property) Act
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 28th November 2008 and is hereby published for general information:—
ACT No. 48 OF 2008.
An Act to prohibit violence against medicare service persons and damage or loss to property of medicare service institutions and for matters connected therewith and incidental thereto.
WHEREAS, acts of violence causing injury or danger to life of medicare service persons and damage or loss to the property of medicare service institutions are on the increase in the State creating unrest among medicare service persons resulting in total hindrance of such services in the State;
AND WHEREAS, it has become necessary to punish the persons committing violence by making the offence as cognizable and non-bailable and to provide for compensation, for damage or loss caused to the property of medicare service institutions, to be determined by court;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2008.
(2) It shall be deemed to have come into force on the 18th day of July 2008.
2. In this Act, unless the context otherwise requires,—
(1) “medicare service institution” means any institution providing medicare to people which is under the control of the State or the Central Government 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 received and 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 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;
(2) “medicare service person” in relation to a medicare service institution shall include,—
(a) registered medical practitioners (including a person having provisional registration);
(b) registered nurses;
(c) medical students;
(d) nursing students;
(e) para medical workers;
employed and working in such medicare service institutions;
(3) “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;
(4) “ 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 causing damage or loss to the property.
3. Any person 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 any act of violence shall be punished with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine.
4. Any offence committed under section 3, shall be cognizable and non bailable.
5. (1) In addition to the punishment specified in section 3, the person shall be liable to pay compensation for the damage or loss caused to the property, as determined by the court.
(2) If the person has not paid the compensation under sub-section (1), the said sum shall be recovered under the provisions of the Tamil Nadu Revenue Recovery Act, 1864 as if it were an arrear of land revenue.
6. No claim for compensation for the damage or loss caused to the property shall be made by the medicare service person or medicare service institution, before any authority, under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.
7. Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force.
8. (1) The Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Ordinance, 2008 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
(By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
Thursday, April 26, 2007
G.O.Ms.No.81 Dated : 25.4.2003
ABSTRACT
Compensation - Recommendation of the Maruthamuthu Committee for creation of Corpus Fund to make payment of compensation awarded by courts - Accepted - Creation of Corpus Fund – Orders – Issued.
Health and Family Welfare (E1) Department
G.O.Ms.No.81 Dated : 25.4.2003
Read again:
1) G.O.Ms.No.133, Health and Family Welfare Department, dated 9.7.2002.
Read also:
2) From the Director of Medical and Rural Health Services, Letter No.40985/ E7/2/99, dated 6.8.2002.
3) From the Director of Medical and Rural Health Serviced, letter No.40985 / E7/2/99, dated 17.2.2003 and 24.3.2003.
-------
ORDER:
In the G.O. first read above orders were issued on the recommendations of Justice Maruthamuthu Committee constituted to give its report suggesting guidelines and measures to be adopted in respect of litigations in court arising out of the mishaps. In the said Government Orders were issued inter-alia for the creation of Corpus Fund from the contribution of Rs.10/- (Rupees ten only) per month from every doctor.
2. The Director of Medical and Rural Health Services, in his letter third read above has sent proposals for the creation of a Corpus Fund.
3. The Government accordingly constitute a Corpus Fund to provide compensation awarded by the courts on the cases filed against Government Doctors for occurrence of Medical mishaps. Each Government Doctor will contribute a sum of Rs.10/- (Rupees ten only) per month to build up the above fund.
4. The monthly subscription of Rs.10/- from each Government Doctor shall be recovered from the salary from the month of April 2003.
5. The Commissioner of Treasuries and Accounts shall administer the Fund. The transaction will be subjected to Audit by the Internal Auditor and Chief Auditor of Statutory Board.
6. The monthly subscription of Rs.10/- recovered from the said doctors shall be credited to the following new head of account.
" K. Deposits and advances -(b) Deposits not bearing interest -8443-00 Civil Deposits -800. Other Deposits - AU. Corpus Fund for payment of Compensation awarded by courts on the cases filed against Government Doctors" (D.P.C.No.8443 00 800 AU 0004 ) (Receipts)
7. Sanction of compensation awarded by the court shall be debited under the following new head of account.
" K. Deposits and Advances -(b) Deposits not bearing interest - 8443-00Civil Deposits - 800. Other Deposits - AU. Corpus Fund for payment of Compensation awarded by courts on the cases filed against Government Doctors" (D.P.C.No.8443 00 800 AU 0003) (outgo)
8. The Director of Medical Education / The Director of Medical and Rural Health Services / Director of Public Health and Preventive Medicine / Director of Family Welfare shall process the sanction of compensation awarded by the court in respect of the said doctors under their control taking into account of the recommendation of the High Level Committee constituted under the Tamil Nadu Government Doctors Corpus Fund as in the Annexure to this order and accord sanction for the amount of compensation payable from the Corpus Fund and forward the same to the Commissioner of Treasuries and Accounts.
9. The Commissioner of Treasuries and Accounts shall issue Cheques / Demand drafts as the case may be based on the sanction accorded by the Director of Medical Education / Director of Medical and Rural Health Services / Director of Public Health and Preventive Medicine / Director of Family Welfare and intimate them.
10. The Commissioner of Treasuries and Accounts shall be the Estimating, Reconciling and Controlling Authority for the above Head of Account.
11. No schedules need be attached to pay bills for the deduction made nor separate accounts maintained therefor.
12. Pay drawing Officers will be responsible for the prompt recovery subscription.
13. The rules framed for administrating the scheme are appended to this order.
14. The operation of the Corpus Fund will be reviewed after one year depending upon the functioning of the scheme.
15. This order issues with the concurrence of Finance Department vide its U.O.No.29/JS (Per) /2003, dated 22.4.2003.
( BY ORDER OF THE GOVERNOR)
GIRIJA VAIDYANATHAN,
SECRETARY TO GOVERNMENT
To
The Commissioner of Indian Medicine and Homoeopathy, Chennai-106.
The Director of Medical and Rural Health Services, Chennai-6.
The Director of Medical Education,Chenai-10.
The Director of Public Health and Preventive Medicine, Chennai-6.
The Director of Family Welfare, Chennai-6.
The Accountant General, Chennai-18/35.
The Accountant General (By name), Chennai-18.
The Commissioner of Treasuries and Accounts, Chennai.
The Pay and Accounts Officer (South), Chennai-35.
The Pay and Accounts Officer (North), Chennai-1.
The Pay and Accounts Officer (East), Chennai-5.
The Pay and Accounts Officer, Madurai.
All the District Treasuries Officers.
The General Secretary, Government Doctors Association.
Copy to:
The Finance Department, Chennai-9.
The Finance (BG.II) Department, Chennai-9.
/ Forwarded By Order /
SECTION OFFICER
Draft Rules Governing the Constitution of a Fund for the purpose of 'Corpus Fund' to Government Doctors for Occurrence of Medical Mishaps.
1. These rules shall be called " Tamil Nadu Government Doctors Corpus Fund Rules 2003"
2. These rules shall come into force on 1st April 2003
3. Scope:
The scope of these rules shall be to constitute a separate fund for the purpose of granting compensation or to deposit compensation amount in the courts for filling appeal so as to meet the judicial cost of cases for occurrence of Medical Mishaps during treatment in Government Medical Institutions.
4. The Commissioner of Treasuries and Accounts shall be the Administrator of the Corpus Fund. The Commissioner of Treasuries and Accounts shall issue Cheques / Demand drafts as the case may be based on the sanction accorded by the Director of Medical Education / Director of Medical and Rural Health Services / Director of Public Health and Preventive Medicine / Director of Family Welfare to the payee as mentioned by them in the sanction order.
5. Extend of application:
These rules shall extend to the whole of the State of Tamil Nadu. These rules shall apply to all Categories of full-time, part time, regular (time scale) and temporary service Government Doctors in the Government Medical Institutions of the Government of Tamil Nadu.
6. Constitution of the Fund:
There shall be constituted a fund for the purpose of granting compensation for depositing compensation amount in the courts for filing appeal in cases of alleged Medical and Surgical Mishaps in Government Medical Institutions.
7. The fund shall be constituted with a monthly subscription of Rs.10/- (Rupees ten only) from each Government Doctor from his / her salary every month from the month of April, 2003 and the amount shall be credited into the deposit Account. The Pay Drawing Officers shall recover the amount of subscription and credit the same to the fund by enclosing necessary schedule in the pay bills. Copy of the schedules shall be sent to the Commissioner of Treasuries and Accounts through Pay and Accounts Office / Treasury.
8. Procedure for Assistance:
Whenever the court directs the Government Doctors / Dean / Head of Government Medical Institutions to pay compensation to petitioners or to deposit compensation amount in the court for filling appeal in cases of alleged Medical and Surgical Mishaps during Professional duties of Government Doctors in Government Hospitals / Government Medical Institutions the concerned Government Doctor shall made an application to the Chairman and Member Secretary, High Level Committee. The High Level Committee will examine the application and decide whether the amount of compensation has to be paid or to be deposited in the higher courts at the appellate stage. The High Level Committee may go through the documents and obtain suitable Technical Opinion etc. for arriving correct decision in this regard and recommend for the sanction of compensation of the Director of Medical Education / Director of Medical and Rural Health Services / Director of Public Health and Preventive Medicine / Director of Family Welfare. Finally if the court's verdict is in favour of Government Doctors on appeal, then the amount so received from the court shall be remitted back to the Corpus Fund. Moreover if it comes to light that any misrepresentation by Government Doctors has been made before the committee / the Government shall have the power to recommend to Director of Medical Education / The Director of Medical and Rural Health Services / Director of Public Health and Preventive Medicine / Director of Family Welfare to recover the amount from the Government Doctors concerned either in lumpsum or in instalments from their salary. The expenditure by way of compensation shall be debited under Deposit Account (outgo)
9. Governance of the Fund:
The Tamil Nadu Government Doctors Corpus Fund constituted under these rules shall be a separate fund under the governance of the State Government.
10. A High Level Committee is constituted at the State level as shown in the Annexure of the Rules for scrutinising the applications received for payment from this fund and for ordering the payment from out of his fund. The High Level Committee shall sit and frame guidelines for scrutinising the applications received for payment from the corpus Fund.
ANNEXURE
HIGH LEVEL COMMITTEE
1. The Director of Medical and Rural Health Services, Chennai-6. : Convenor - Member Secretary
2. The Director of Medical Education, Chennai-10. : Member
3. The Director of Family Welfare, Chennai-6. : Member
4. The Director of Public Health and Preventive Medicine, Chennai-6. : Member
5. The Director of Indian Medicine and Homoeopathy. : Member
6. Head of Institutions where such Medical Mishaps occurred : Member
7. A Nominee from Tamil Nadu Government Doctors Association : Member
/ True copy /
Section Officer
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