Keywords : Medical Service Institutions, Offender, Violence Amendment appended: 12 of 2014
Bihar Medical Service Institution and Person Protection Act, 2011
Preamble:—To prevent violence against persons related to the Bihar Medical
service and damage to property of the Medical Service Institutions of the State of Bihar
and for matters connected there with and incidental there to.
BE it enacted by the Legislature of the State of Bihar in the Sixty two year of the
Republic of India as follows:-
- Short title, extent and commencement.—(1) This Act may be called the Bihar
Medical Service Institution and Person Protection Act, 2011.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force at once.
- Definitions.—In this Act, unless the context otherwise requires:-
(i) “Medical Service Institutions” means all Institutions providing Medicare to
people which are under the control of State or Central Government or local bodies etc.
including any private hospital having facilities for treatment of the sick and any private
nursing home used or intended to be used for the reception or accommodation for
persons suffering from any sickness, injury or infirmity whether of body or mind and
providing of treatment or nursing or both of them and include the maternity home or
convulsion home etc.
(ii) Medical service person means the following persons working in Medicare
(a) Registered Medical Practitioners, working in Medical Service Institutions
(including those having provisional registration);
(b) Registered Nurses;
(c) Medical Students;
(d) Nursing Nurses;
(e) Para Medical workers employed and working in Medical Service
(f) Other Staff;
(g) Other establishments within the premises of the Medical Service
Institutions supporting its working.
4 बहार गजट (असाधारण), 15 िसत+ बर 2011
(iii) “Offender” means all such person who either by himself commits or
attempts to commit or abets or, incites the commission of violence under this Act.
(iv) “State Government” shall mean Government of Bihar,
(v) “Violence” means activities of causing any harm, injury or endangering the
life or intimidation, obstruction or hindrance to any Medical service person in discharge
of duty or activities causing damage to any property in Medical Service Institutions.
- Offence.—Any act of violence against Medical service persons or damage to
property in Medical service institutions shall amount to an offence under this Act:
Provided that every Medical Service Institution and person shall ensure
timely treatment of the patients by adopting all prescribed measures /
standards with sensitive behavior to the patient. No negligence is caused
to the patient by any one:
Provided further that every Medical Service Institution and person shall
ensure that treatment of the patients are being done according to
prescribed norms and procedures:
Provided further and that every Medical Service Institution and person
shall ensure that reasons for referring the patient to another hospital are
made understood / clarified to him and the same are incorporated on the
prescription of the patient.
- Penalty.—Any offender, who commits an offence as described under
section-3, shall be punished with imprisonment for a period of three years and with fine
which may extend to fifty thousand rupees and / or action will be taken under Indian
- Cognizance of offence.—Any offence committed under section 3 shall be
cognizable and non-bailable.
- Investigation.—Case registered under this Act shall not be investigated by a
Police Officer below the rank of Dy. Superintendent of Police .
- Recovery of loss for the damage caused to be property.—(1) In addition to
the punishment specified in section-4, the offender shall be liable to a penalty of twice
the amount of purchase price of medical equipment damaged and twice the loss caused
to the property as determined by the court trying the offender.
(2) If the offender does not pay the penal amount under sub-section (1), the said
sum shall be recovered under the provisions of the Bihar & Orissa Public Demands
Recovery Act as if it were arrears of land revenue due from him.
- Act not in derogation of any other law.—The provisions of the Act shall be in
addition to and not in derogation of the provisions of any other law, for the time being in
- Rule Making Power.—Without prejudice to the foregoing provisions of this
Act, the State Government may make Rules for carrying out purposes of this Act.
By order of the Governor of Bihar,
VINOD KUMAR SINHA,
Secretary to Government.
- BIHAR MEDICAL SERVICE INSTITUTION AND PERSON PROTECTION
- (AMENDMENT) ACT, 2014
- [Bihar Act 12, 2014]
- To amend the Bihar Medical Service Institution and Person Protection Act, 2011 (Bihar Act
- 18, 2011)
- Preamble.- WHEREAS, the Bihar Medical service Institution and person Protection Act of
- 2011 was framed for prevention of violence against the persons concerned with Bihar
- Medical Service as well as against damage of properties of Medical Service Institutions of
- the Bihar State and matters incidental there to;
- AND, WHEREAS, it is required to amend the said Act to make it more effective;
- BE it enacted by the State Legislature of Bihar in the sixty fifth year of the Republic of India
- as follows :-
- बहार गजट (असाधारण), 21अगः त 2014 3
- Short title, extent and commencement. – (1) This Act may be called the Bihar Medical
Service Institution and Person Protection (Amendment) Act, 2014.
(2) It shall extend to the whole of the state of Bihar.
(3) It shall come into force at once.
- Amendment in Section-3A in the Bihar Act 18, 2011.- In the second line of Section-3
of the said Act, 2011 the punctuation column ‘:’ shall be substituted by full stop ‘.’, and all
provisos of section-3 shall be here by deleted,
- Addition of new Section-3A in the Bihar Act 18, 2011.- following new section- 3A
shall be added after section-3 of the said Act, 2011:-
“3-A. Allegation of negligence against Medical Service Institution and Person.- On
receiving complain of negligence in treatment of patients against Medical Service Institution
and Person, the State Government or the concerned District Magistrate shall have powers to
get the matter enquired by a committee of able Doctors and take action on the basis of result
of enquiry. “
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