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  "title": "INJURED PERSONS ( MEDICAL AID ) ACT, 2004",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BzJSZgY4ADQ-",
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  "text": "THE INJURED PERSONS (MEDICAL AID) ACT, 2004 \r\n(XII of 2004) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Injured persons to be treated on priority basis \r\n4. Non-interference by the police \r\n5. Consent of relatives not required in certain cases \r\n6. Shifting of an injured person to another hospital \r\n7. Hospitals to be notified \r\n8. The injured person not to be taken to a police station \r\n9. The person bringing the injured person to hospital not to be harassed \r\n10. Awareness campaign \r\n11. Penalty \r\n12. Cognizance of cases \r\n13. Instructions \r\n14. Rule making power \r\nTEXT \r\n1\r\nTHE INJURED PERSONS (MEDICAL AID) ACT, 2004 \r\n(XII of 2004) \r\n[16th December, 2004] \r\nAn \r\nAct \r\nto make provisions for medical aid and treatment of injured persons \r\nWHEREAS there is misconception about the law and procedure with regard \r\nto medical aid and treatment of injured persons before completion of medico -legal \r\nformalities; \r\n WHEREAS due to this misconception the medical aid and treatment of injured \r\npersons is very often delayed and many casualties have occurred because of \r\ndelayed treatment; \r\n AND WHEREAS  it is necessary to make provision s for medical aid and \r\ntreatment of injured persons to save their lives and protect their health during \r\nemergency; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) this Act may be called the \r\nInjured Persons (Medical Aid) Act, 2004. \r\n (2)  It extends to the whole of \r\n2\r\n[the Punjab]. \r\n (3)  It shall come into force at once. \r\n2. Definitions.– In this Act, unl ess there is anything repugnant in the s ubject or \r\ncontext,– \r\n(a) “doctor” means a medical practitioner registered under the Medical and \r\nDental Council Ordinance, 1962 ( XXXII of 1962); \r\n3\r\n[(b) “Government” means Government of the Punjab;] \r\n(c) “hospital” means a hospital notified under section 7; and \r\n(d) “injured person” means a person injured due to traffic accident, assault \r\nor any other cause who is in need of an immediate treatment. \r\n                                                 \r\n1This Act of  Majilis-e-Shoora (Parliament) received the assent of the President on 8 th December, 2004 and was published in \r\nGazette of Pakistan, Extraordinary, Part I, on 16th December, 2004, pages 188-191. \r\nThis Act was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by \r\nvirtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the \r\nInjured Persons (Medical Aid) (Amendment) Act 2012 (III of 2012). \r\n2Substituted for the words “Pakistan” by the Injured Persons (Medical Aid) (Ame ndment) Act, 2012 (III of 2012); and published \r\nin the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40193-40194, s.2. \r\n3Section 2 clause (b) is substituted by the Injured Persons (Medical Aid) (Amendment) Act, 2012 (III of 2012) ; and published in \r\nthe Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40193-40194, s.3. \r\n3. Injured persons to be treated on priority basis .– Where an injured person \r\nis brought to a hospital, he shall be provided medical aid without delay on priority \r\nbasis over all other medico-legal formalities. \r\n4. Non-interference by the police.– No police official or officer shall interrupt or \r\ninterfere during the period an injured person is u nder treatment in a hospital except \r\nwith the written permission of the Incharge of the hospital: \r\nProvided that such permission shall not be given unless it is necessary in \r\nconnection with an investigation which may be carried out in the hospital so long as  \r\nthe injured person is under treatment. \r\n5. Consent of relatives not required in certain cases.– Where an injured \r\nperson requires emergency treatment or operation, the doctor treating or operating \r\nthe injured person need not wait for the consent of the relatives: \r\nProvided that if the relatives are present it would be preferable that such \r\ntreatment or operation may be carried out with the consent of such relatives. \r\n6. Shifting of an injured person to another hospital .– (1) An injured person \r\nshall not be shift ed from a hospital until he is stabilized or the requisite treatment  is \r\nnot available in such hospital and while shifting him to another hospital, the doctor \r\nconcerned shall complete the relevant documents with regard to the clinical \r\nconditions of the pati ent and hand over such document s to the concerned doctor of \r\nthe receiving hospital. \r\n(2) The record referred to in sub -section ( 1) shall be maintained by the \r\nreferring hospital as well as the receiving hospital and the Incharge of the hospital \r\nshall be resp onsible for ensuring that such record is kept in a safe custody where it \r\ncannot be tampered with: \r\nProvided that where necessary an injured person shall not be shifted unless \r\nhe is accompanied by a doctor of the referring hospital. \r\n7. Hospitals to be notified.– The Government shall, by notification in the official \r\nGazette, notify the Government hospitals having in -patient beds and also having \r\nfacilities to deal with the emergencies to provide medical aid and treatment to the \r\ninjured persons: \r\nProvided that in  areas where above referred facility is not available , a rural \r\nhealth center established by a Government or a local government in that area having \r\nfacility to deal with the emergencies, may be notified a hospital for the purposes of \r\nthis Act. \r\n8. The injure d person not to be taken to a police station .– (1) Under no \r\ncircumstances an injured person be taken to a police station before necessary \r\nmedical aid and treatment is given. \r\n (2) The police officer is bound to ensure that the injured person is treated \r\nin a  hospital as provided in this Act before any medico -legal procedure is \r\nundertaken. The police officer shall not in any way influence the doctor or to give any \r\nopinion about the type and details of injury of the injured person. \r\n9. The person bringing the in jured person to hospital not to be harassed .– \r\nThe person who on humanitarian basis, in particular in traffic accident cases, brings \r\nan injured person to a hospital shall not be harassed and shall be shown due respect \r\nand acknowledged for helping the injured. He should be allowed to leave the hospital \r\nafter taking down his name, address , telephone number and he shall provide a copy \r\nof his National Identity Card within three days; if the same is not immediately \r\navailable with him or any other proof to the satisfaction of Incharge of the hospital: \r\nProvided that nothing herein contained shall absolve the person bringing an \r\ninjured person to hospital from any liability under any law for the time being in force \r\nfor causing injury to such person. \r\n10. Awareness campaign.– An awareness campaign shall be carried out \r\nregularly to educate the public, medical professionals and the police about medico -\r\nlegal procedures. \r\n11. Penalty.– Whoever contravenes or violates the provisions of this Act or the \r\nrules  made there under shall be punishable with imprisonment which may extend to \r\ntwo years, or with fine not less than ten thousand rupees, or with both, in addition to \r\nany other penalty to which he may be liable under any other law for the time being in \r\nforce: \r\nProvided that wher e penalty of fine is imposed half of such fine shall be paid \r\nto injured person or his heirs, as the case may be, as compensation:  \r\nProvided further that the c ourt may direct the Medical and Dental Council \r\nunder the Medical and Dental Council Ordinance, 1962 (XXXII of 1962) to cancel the \r\nregistration of a doctor convicted by the court. \r\n12. Cognizance of c ases.– (1) No court shall take cognizance of a case under \r\nthis Act, except upon a complaint made by an officer authorized in writing in this \r\nbehalf by the Government. \r\n (2) The Government shall notify authorized officers under sub -section (1) \r\nwithin thirty days of the commencement of this Act. \r\n13. Instructions.– The Government may issue instruction from time to time to \r\ncarry out the purposes of this Act and th e defaulting doctor or the police official or \r\nofficer shall be liable to disciplinary action for contravention of such instructions, \r\nbesides the penalty to which he may be liable under section 11. \r\n4\r\n[14. Rules making power .– The Government may make rules to  carry out the \r\npurposes of this Act.] \r\n                                                 \r\n4Section 14 is substituted by the Injured Persons (Medical Aid) (Amendment) Act, 2012 (III of 2012); and published in the \r\nPunjab Gazette (Extraordinary), dated 11.2.2012, pages 40193-40194, s.4.",
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