NIMA-at Glance >> Legel Aspects

Legal Aspects:

Acts: We are governed in the State of Punjab by the under given Acts:

  1. East Punjab Ayurvedic & Unani Practitioners Act, 1949(Pre-Constitutional Act)
  2. Punjab Ayurvedic and Unani Practitioners Act, 1963
  3. The Drugs and Cosmetics Act, 1940 and rules there under of 1945
  4. Pharmacy Act, 1948 under the defination of registered Medical Practitioner
  5. Indian Medical Central Council Act, 1970 (I.M.C.C. Act, 1970)


Order of Supreme Court- Phool Chand v/s State of Haryana
Judgement of Supreme court-Mukhtiar Chand and others v/s State of Punjab.

According to annexed acts of 1949, 1963, IMCC Act 1970, Pharmacy Act 1948, The Drugs and Cosmetic Act 1940 and Rules under 1945.

Notifications:
  1. Notification number 1 of 1966 under Drugs & Cosmetics Rule, 1945.
  2. CCIM Notification dated
  3. State Govt. Notification under Anti Quackery Bill
  4. Notification Regarding Practice of Gynae and Obst and Diagnostic Ultra Sonography by ISM Graduates from GOVT. of Punjab.
  5. 5. Notification Regarding Use of Modern Medicine by Practitioners of ISM Dated 30-10-96.

PUNJAB VIDHAN SABHA

BILL NO.12-PLA2008

THE PUNJAB PROTECTION OF MEDICARE SERVICE PERSONS AND MEDICARE SERVICE
INSTITUTIONS (PREVENTION OF VIOLENCE
AND DAMAGE TO PROPERTY) BILL, 2008


A BILL to provide for the protection of Medicare Service Persons and Medicare Service Institutions in the State of Punjab and for prevention of violence and damage to the property and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Fifty-ninth year of the Republic of India as follows:-

Short title and Commencement
  1. This act may be called the Punjab Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act,2008.

  2. It shall come into force at once.


Definitions

In this Act, unless the context otherwise requires:-
  1. “Medicare Service Institution” means an institution, providing medicare service either in the Medicare Service Institution or through Mobile Medical Unit or by arranging medical camps, which is under the control of the Central Government or the State Government or a local body including any private hospital having facility of 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 the 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 of nursing or both of them and includes convalescent home.

  2. “Medicare Service Person” in relation to a Medicare Service Institution, shall include:
    1. Registered Medical Practitioner, Registered Practitioner and Practitioner working in a Medicare Service Institution;
    2. Nurse;
    3. Auxiliary Nurse and Mid-wife;
    4. Nurse dai;
    5. Trained dai;
    6. Medical Student;
    7. Nursing Student;
    8. Para Medical Worker; and
    9. Other staff or workers directly or indirectly engaged by a Medicare Service Institution for providing the required services;
      1. Explanation:- For the purpose of this Act, the expressions Registered Medical Practitioner, Medical Practitioner, Practitioner, Nurse, Auxiliary Nurse and Midwife and trained dai shall have the same meanings, as assigned to them in the Punjab Medical Registration Act, 1916 the Punjab Ayurvedic and Unani Practitioners Act, 1963 and the Punjab Homeopathic Practitioners Act,1965;
  3. “Medical Student” means a student, who is undergoing training or studies in medical profession;

  4. “Mobile Medical Unit” means an ambulance, equipped with medical equipment, used for providing medicare services;

  5. “Mobile Medical Unit” means an ambulance, equipped with medical equipment, used for providing medicare services;
  6. “Offender” means any person, who either by himself or as a member or leader of a group of persons or organization commits or attempts to commit or abets or incites the commission of violence;
  7. “Paramedical Worker” means a person, who assists the Medicare Service Person providing medicare services;
  8. “Property” shall include both moveable and immoveable property; and
  9. “Violence” means any act, which causes or may cause any harm, injury or endanger life, obstruct or hinder any Medicare Service Person in the discharge of his duty in a Medicare Service Institution or damage to property in Medicare Service Institution.


Prohibition of violence

3. Any act of violence against a Madicare Service Persons or damage to property in a Medicare Service Institution, shall be prohibited.