MEDICAL PROTECTION ACT -ANDHRA PRADESH

Registered No. HSE/49
THE ANDHRA PRADESH GAZET'
PART IV-B EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 59] HYDERABAD,TUESDAY, DECEMBER18,2007.

ANDHRA PRADESH ACTS, ORDINANCES REGULATIONS Etc.

The following is the authoritative text in English Language
of the Ordinance promulgated by the Governor on the 18th
December, 2007 is being published under article 348 (3) of the
Constitution of INDIA for general information:-

ANDHRA PRADESH ORDINANCE No. 16 OF 2007.
Promulgated by the Governor in the Fifty-eighth Year of
the Republic of India.

AN ORDINANCE TO PROHIBIT VIOLENCE
AGAINST MEDICARE SERVICE PERSONS
AND DAMAGE TO PROPERTY IN
MEDICARE SERVICE INSTITUTIONS AND
OR MATTERS CONNECTED THERE WITH
AND INCIDENTAL THERE TO.

Whereas, acts of violence of causing injury or danger to
life of Medicare service persons and damage to property of
Medicare service Institutions are on the increase in the State
creating unrest in Medicare professionals resulting in total
hindrance of such services in the State;

And,whereas,it has become necessary to prohibit such
violent activities by making the offences as cognizable and non bailable'

and where as the Legislature of the State is not in
session and the Governor ofAndhra Pradesh is satisfied that
circumstances exist which tender it necessary for him to take IMMEDIATE ACTION.

Now, therefore, in exercise of the powers conferred by
clause(1)of article 213 of the Constitution of India, the Governor
hereby promulgates the following Ordinance:-

(I) This Ordinance maybe called the AridhraPradesh
Medicare Service Persons andMedicare Service Institutions
(Prevention of Violence and damage to property, Ordinance-2007.

2. It extends to the whole of the State of Andhra pradesh.

3. It shall come into force at once.

A) Inthis Ordinance, unless the context otherwise requires,-

(1) , Medicare Service Institutions' means an institutions
providing medicare to people which are under the control of
State or Central Government or Local Bodies etc., including
any private hospital having faci1ities 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 antenataI 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 accomodation of persons suffering any sickness, .
injury or infirmity weather of body or mind, andproviding of
treatment for nursing or both of them and includes a maternity home or convalascent home,etc....

B )Medicare service persons in relation to a medicare
service institutions shall include,-
(a) Registered Medical Practitioners, working in
Medicare Institutions (including those having provisional registration).
b) registered nurses, medical students, nursing students and paramedical staff.
C) 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 Ordinance;
(d) 'Violence' means activities of causing any harm,
injury or endangering the life or intimidation, obstruction or
hindrance to any medicareservice person in discharge of duty
in the medicare service institution or damage to property in medicare service institution.

3.Any actof violence against Medicare service persons
or damage to property in a Medicare service Institution is
here by prohibited.

Penalty. 4. Any Offender who commits any act in contravention of
section 3, shall be punished with imprisonment for a period of
.... threeyears and with fine, which may extend to fifty thousand
rupees.
Cognizance of offence :
5. Any offence committed under section 3, shall be
cognizable and non bailable.
Recovery of damages :
6.(I) Inaddition to the punishment specified in section4,
the offender shall be liable to a penalty of twice the amount of purchase price of medical equIpment damaged and loss caused
to the property as determined by the Court trying the offender.

- (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 Andbra Pradesh Revenue RecovetyAct., 1864
- as if it were an arrears of land revenue due from him.

7.TheProvisions of this Ordinance shall be in addition, to and not in derogation of the provisions of any other law, for the time being in force.

NARAYANDAT TIWARI,
Governor of Andhra Pradesh.
T.MADAN MOHAN REDDy
Secretary to Govennnent,
. Legislative Affairs&Justice
Law Department.

MEDICAL PROTECTION ACT
THE ORDINANCE WAS MADE IN TO AN ACT ( ACT NO: 11 OF 2008 )IN THE A.P.ASSEMBLY AND RECEIVED THE ASSENT OF THE GOVERNOR ON 20-4-08 AND FIRST PUBLISHED ON 22-4-08 IN A.P. GAZETTE.
ITS A HISTORICAL ACT THAT GIVES PEACE OF MIND TO THE MEDICAL FRATERNITY.

THANKS TO OUR CJIEF MINISTER DR.Y.S.RAJASEKHAR REDDY AND HON.HEALTH MINISTER SMT.GALLA ARUNA KUMARI.