Section 45 in The West Bengal Correctional Services Act, 1992
45. Transfer of sick prisoners.—
(1)If a prisoner is attacked with a disease which, in the opinion of the Medical Officer, is of a serious type or if, at any stage of illness of a prisoner, the Medical Officer is of the opinion that he should be transferred to another hospital in any correctional home or to an outside Government Hospital, the Medical Officer shall report to the Superintendent accordingly. On receipt of such report, the Superintendent shall move the Inspector General of Correctional Services for order for such transfer, and the Inspector General of Correctional Services shall pass necessary orders. In very urgent case, orders for transfer may be sought for and given through telegrams or telephone calls. When such orders for transfer are sought for and given through telephone calls, substance of the messages shall be recorded in the relevant Registers at both ends.(2)In exceptional cases where a sick prisoner is required to be transferred to an outside Government Hospital immediately to avoid the risk of the prisoner’s life, the Superintendent may, on the advice of the Medical Officer and subject to ratification by the Inspector General of Correctional Services in due course, transfer the said prisoner to an outside Government Hospital and move the Inspector General of Correctional Services for ratification of the action taken by him.(3)Immediately after the transfer of a sick prisoner under sub-section (1) or sub-section (2), as the case may be, the Superintendent shall write to the Commissioner of Police where the prisoner is transferred to a Government Hospital in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980 (West Ben. Act 59 of 1980), or to the Superintendent of Police of the district where such prisoner is transferred to a Government Hospital situated in that district, to make arrangements for adequate vigilance on such prisoner at the hospital, and shall, untill such arrangements are made, appoint requisite number of warders for the purpose.(4)The District Medical Officers, the Sub-Divisional Medical Officers, and the Chief Medical Officers of Government Hospitals, the Superintendent of Police, and the Commissioner of Police, Calcutta, shall render due assistance for transfer of a sick prisoner under the provisions of this section.
