Motor Vehicle Amendment Bill 2019 introduced

Now cashless treatment for RTA victims, compulsory insurance and protection of good Samaritans

Dr KK Aggarwal

The Motor Vehicles (Amendment) Bill, 2019 was introduced in Lok Sabha on Monday. It has been passed in the Lok Sabha and is pending in the Rajya Sabha.

The new Bill has proposed some radical amendments such as imposing hefty penalties for violation of traffic rules and holding the owners of the vehicle or guardian of the juvenile liable in case of juvenile offences. It provides for protection of Good Samaritans and empowers the Central Government to recall vehicles which do not meet standards.

The compensation and insurance provisions in case of motor vehicle accidents have also been modified. The new Bill provides for cashless treatment for RTA victims, compulsory insurance and good Samaritans

·         Compensation for road accident victims: The central government will develop a scheme for cashless treatment of road accident victims during golden hour. The Bill defines golden hour as the time period of up to one hour following a traumatic injury, during which the likelihood of preventing death through prompt medical care is the highest.  The central government may also make a scheme for providing interim relief to claimants seeking compensation under third party insurance.  The Bill increases the minimum compensation for hit and run cases as follows: (i) in case of death, from Rs 25,000 to two lakh rupees, and (ii) in case of grievous injury, from Rs 12,500 to Rs 50,000.
 

·         Compulsory insurance: The Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India.  It will be utilised for: (i) treatment of persons injured in road accidents as per the golden hour scheme, (ii) compensation to representatives of a person who died in a hit and run accident, (iii) compensation to a person grievously hurt in a hit and run accident, and (iv) compensation to any other persons as prescribed by the central government.  This Fund will be credited through: (i) payment of a nature notified by the central government, (ii) a grant or loan made by the central government, (iii) balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents), or (iv) any other source as prescribed the central government.
 

·         Good Samaritans: The Bill defines a good Samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident.  The assistance must have been (i) in good faith, (ii) voluntary, and (iii) without the expectation of any reward.  Such a person will not be liable for any civil or criminal action for any injury to or death of an accident victim, caused due to their negligence in providing assistance to the victim.
 

·         Recall of vehicles: The Bill allows the central government to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users.  The manufacturer of the recalled vehicle will be required to: (i) reimburse the buyers for the full cost of the vehicle, or (ii) replace the defective vehicle with another vehicle with similar or better specifications.

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Past National President IMA

Lok Sabha to discuss the issue of “unauthorized pathological labs and diagnostic centers” today

Dr KK Aggarwal

The Lok Sabha admitted unstarred question no.1274 regarding “unauthorized pathological labs and diagnostic centers” asked by Shri Manoj Kotak. 

This question will be answered by the Minister of Health & Family Welfare today.

The questions that have been raised are:

·         Whether government is aware about the mushrooming of diagnostic centers in country including Mumbai, which are functioning without having requisite infrastructure and qualified staff

·         If so, the details thereof, and

·         The action government has taken or proposes to take against such diagnostic centers in the country?

Let’s see what comes out of the discussion on this question. It would be interesting to hear the reply of the Health Minister on this

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Past National President IMA

The DNA Technology (Use and Application) Regulation Bill - 2019 passed by the Lok Sabha

“The DNA Technology (Use and Application) Regulation Bill - 2019” was passed by the lower house of the Parliament last week. The Bill has been formulated recognizing the need for regulation of the use and application of deoxyribonucleic acid (DNA) technology, for establishing identity of missing persons, victims, offenders, under trials and unknown deceased persons and strengthen the justice delivery system of the country. DNA evidence is considered the gold standard in crime investigations.

The Bill seeks to ensure that the DNA test results are reliable, and that the data remain protected from misuse or abuse in terms of the privacy rights of our citizens.

The key components of this Bill include:

• Establishment of a DNA Regulatory Board: Among the various functions envisaged for the DNA Regulatory Board are included: advice the Central Government and the State Governments on all issues relating to establishing of DNA laboratories and DNA Data Banks and grant accreditation to laboratories and to suspend or revoke such accreditation.

• The Board will also ensure that the information relating to DNA profiles, DNA samples and any records thereof, forwarded to, or in custody of, the National DNA Data Bank or the Regional DNA Data Bank or a DNA laboratory or any other person or authority under this Act, are secured and kept confidential

• No laboratory shall undertake DNA testing, analysing or any other procedure to generate data and perform analysis relating thereto without obtaining accreditation from the Board.

• Establishment of the National DNA Data Bank and Regional DNA Data Banks or every State, or two or more States, as it may deem necessary to assist in forensic investigations.

• All DNA labs are required to share DNA data prepared and maintained by it with the National DNA Data Bank and the Regional DNA Data Bank.

• Every DNA Data Bank shall maintain the following indices for various categories of data, namely:

o    a crime scene index

o    a suspects' index or undertrials' index

o    an offenders' index

o    a missing persons' index

o    unknown deceased persons' index

• The Bill also provides for sharing of DNA profiles with foreign Government or international organization.

• There is a provision of penalty for unlawful access to information in DNA Data Bank and also for destruction, alterations, contamination or tampering with biological evidence.

(Press Information Bureau, Ministry of Science & Technology, Jan. 8, 2019)

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Past National President IMA

What is IMC Ordinance, its Passage by Lok Sabha and Validity

The Indian Medical Council (Amendment) Bill, 2018, which seeks constitution of a Board of Governors that will exercise the powers of the Medical Council of India (MCI) was passed in the Lok Sabha on Monday. 

The Bill was introduced on December 14 in the Lok Sabha by Union Health and Family Welfare Minister, which was earlier brought in as an ordinance on September 26 this year when the Parliament was not in session. Under the new amendment, the Bill provides for the supersession of the MCI for a period of one year. 

Running the government has now become a new way of ‘ ruling the country via ordinance”. UPA government did the same thing by ruling the MCI through a series of ordinances till they lasted. Once BJP came to power, they again tried bringing NMC (with total administrative control) as an alternative to MCI. They have failed miserably till today and have not been able to pass it in the parliament. So, they decided to go the UPA way by bringing an ordinance on 26^th September, 2018.

Once this is done they are not interested whether NMC Bill gets passed or not. As they have opened the doors of ordinances and its promulgation to do what they want to do. Whoso ever comes back to power they will use the same gateway to run the MCI.

Let’s talk about loopholes in the legal system

An ordinance is an executive order issued by the President of India that holds the same force and effect as an Act passed by the Parliament. The President has the power to issue ordinances under Article 123 of the Constitution. It is the Union cabinet that forwards proposals for issuing ordinances to the President who merely gives his assent.

An ordinance is normally issued only when both Houses of Parliament, Lok Sabha and Rajya Sabha, are not in session. It is meant as a last resort and not a tool to replace the power or functioning of Parliament. Also, ordinances should, generally, be issued only on pressing issues or issues that require immediate consideration but cannot wait for Parliament to assemble and consider the bill.

What was the urgency in this case? NMC bill was already in the Parliament. They could have extended the tenure of the present MCI.

But we all know most ordinances are issued by the government for lack of consensus in Parliament like in the present MCI issue when NMC bill was already in the parliament. If there is a possibility of a bill not being passed in the current session of Parliament, government may choose to take the ordinance route pending its approval by the Parliament during a later session.

An ordinance, once issued, is valid for six weeks from the date of ordinance when the next session of Parliament starts. During this period, Parliament can either pass the ordinance turning it into an Act or disapprove the ordinance. If the ordinance is not passed by Parliament, it can be re-promulgated or re-issued by the President (meaning government).

Lok Sabha has passed in the present case. Now the bill will go to Rajya Sabha and if gets passed, then BoG ruling for one year becomes an act. But if it is not passed in Rajya Sabha it will be re-promulgated or re-issued by the President (meaning government).

There is no limit on how many times an ordinance can be re-issued but as per ruling of the Supreme Court, it cannot be re-promulgated endlessly without getting it to vote in the Parliament or Legislature. President has the power to withdraw the ordinance any time.

An ordinance is only a temporary executive measure. It should not replace the power and function of Parliamentary process and has to be introduced as a bill in the Parliament for its consideration.

Once both houses of Parliament pass the bill, it turns into an Act. This is how a bill that was previously an ordinance becomes an Act of Parliament. However, if one house passes the bill while other disapproves it or sits on it without voting on the bill, a joint session of the Parliament can be called to vote on the bill (this is another alternative with the government but we doubt will happen).

But taking the ordinance route is not on merit as it implies dysfunctional polity where law makers are not able to arrive at a consensus on important national issues.

Personally I feel they will be able to get it passed even in Rajya Sabha because UPA did not have any problem when they were in power. 

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Immediate Past National President IMA

The Surrogacy (Regulation) Bill 2018 passed by the Lok Sabha

The Surrogacy (Regulation) Bill 2018, which had been introduced in the Lok Sabha in 2016, was passed by the Lower House on Wednesday, 19^th December.

The Bill is to be debated in the Rajya Sabha and passed by the Upper House before it can be enacted.

Here is a copy of the Bill for your comments http://www.emedinews.in/2018/0350_0001.pdf

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Immediate Past National President IMA

What Members of Parliament should know about NMC

National Medical Commission Bill (NMC) has been tabled in the Lok Sabha. IMA opposes NMC in its present form. As the representatives of all the modern medicine doctors of India, we appeal to you to consider the following points and raise them in Parliament.

Private Medical Colleges

·         NMC is a pro private management bill paving the way for widespread corruption. It removes all the regulations before starting a medical college. No one needs any permission.

·         Any private medical college can raise its UG/PG seats by itself.

·         Only up to 40% of seats in a private medical college can be regulated by the Government. For 60% or more seats, the private colleges will fix the rates.

·         Huge loopholes in financial penalties ranging from 5 crore to 100 crore opening the flood gates of corruption.

·         As a result medical education in the country will become expensive placing the lower socioeconomic groups in great disadvantage.

Privileges of the states

·         Only 5 states will be represented in NMC at any point of time. The other 24 will be unrepresented.

·         The state medical councils which are sovereign bodies through enactment of state legislatures will come directly under NMC.

·         The universities do not have a representation in NMC. One per state will be represented in an advisory body called Medical Advisory Council.

Crosspathy

·         Unscientific mixing of systems will endanger the lives of patients.

·         Provides separate registration and bridge courses for AYUSH practitioners to enable them to practice modern medicine.

·         Joint medical council meetings will ensure mixing the curriculum of all the systems.

Foreign Medical graduates

·         Any foreign doctor can practice in India without any restriction.

·         The screening test for Foreign Medical Graduates has been abolished.

Indian Medical Graduates

·         All Indian Medical graduates should undergo a licentiate exam to be allowed to practice.

Undemocratic non representative

·         Out of 25 members, only 5 will be elected.

·         A group of non medical members have been included.

·         All the non elected members will be either Government officials or nominated by the Government.

This bill is anti-people since it is pro-rich and pro-private management. The cost of medical education and healthcare will rise astronomically. It is anti-patient since it promotes unscientific mixing of systems. It closes the gate for Indian Medical graduates while opens the gate for foreign doctors and foreign educated medical graduates.

Dr KK Aggarwal

Padma Shri Awardee
Vice President CMAAO
Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Immediate Past National President IMA