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THE BOMBAY PROHIBITION (MEDICAL EXAMINATION AND BLOOD TEST) RULES, 1959
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G. N., R. D. NO. BPA. 1059/40722 (B), dated 1st April, 1959
Whereas the Government of Bombay considers that the rules, hereinafter appearing should be brought into force at once ;
Now, therefore, in excercise of the powers conferred by clause (w) of sub-section (2) of section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the Government of Bombay hereby makes the following Rules, namely :
1 Short title.[View all order & notifications]
These Rules may be called the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959.
2 Definitions.[View all order & notifications]
In these Rules, unless there is anything repugnant in the subject or context,–
“Act ” means the Bombay Prohibition Act, 1949 ;
“Form” means a form appended to these Rules,
“Prohibition Officer” means a Prohibition Officer duly empowered by the State Government under sub-section (1) of section 129-A of the Act;
“Registered Medical Practitioner” means any registered medical practitioner authorised by general or special order by the State Government under sub-section (4) of section 129-A of the Act;
“Testing Officer” means the Chemical Examiner or assistant Chemical examiner to government or any other officer appointed by the State Government for testing blood under sub-section (1) of section 129-A of the Act.
3 Medical examination.[View all order & notifications]
A registered medical practitioner before whom a person is produced under sub-section (1) of section 129-A of the Act by a Police Officer or a Prohibition Officer for the purpose of medical examination of such person or collection of his blood, shall examine such person and if he deems necessary, collect and forward in the manner prescribed in these Rules, the blood of such person and furnish to the officer by whom such person was produced a certificate in Form ‘A’ containing the result of his examination and shall keep a copy of such certificate on his record.
4 Manner of collection and forwarding of blood..[View all order & notifications]
The registered medical practitioner shall use a syringe for the collection of the blood of the person produced before him under rule 3 the syringe shall be sterilised by purring in boiling water before it is used for the aforesaid purpose. He shall clean with sterilized water and swab the skin surface of the part of such person’s body from which he intends to withdraw the blood. No alcohol shall be touched at any stage while withdrawing blood from the body of the person. He shall withdraw not less than 5 c. c. of venous blood in the syringe from the body of the person. The blood collected in the syringe shall then be transferred into a phial containing anti-coagulant and preservative and the phial shall then be shaken vigorously to dissolve the anti-coagulant and preservative in the blood. The phial shall be labelled and its cap sealed by means of sealing wax with the official seal or the monogram of the registered medical practitioner.
The sample blood collected in the phial in the manner stated in sub-rule (1) shall be forward for test to the Testing Officer either by post or with a special messenger so as to reach him within seven days from the date of its collection. It shall be accompanied by a forwarding letter in form ‘B’ which shall bear a fascimile of the seal or monogram used for sealing the phial of the sample blood.
5 Certificate of test of sample blood.[View all order & notifications]
The Testing Officer shall on receipt of the sample blood, test it and shall certify the result of his test in Form ‘C.’The Testing Officer shall send the certificate in duplicate to the registered medical practitioner by whom the blood was forwarded to him for test and retain a copy thereof on his record. On receipt of the certificate from the Testing Officer, the registered medical practitioner shall forward the original copy of the certificate to the Police Officer or the Prohibition Officer concerned. The duplicate copy of the certificate shall be kept by him on his record.
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