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Section 26: Medical examination and detention of leprosy patients and Lunatics.

The Bombay Prevention of Begging Act, 1959State Act of Maharashtra · Act 10 of 1959

(1) Where it appears to the State Government that any beggar detained in a Certified Institution under any order of a court is of unsound mind or a leper, the State Government may, by an order setting forth the grounds of relief that the beggar is of unsound mind or a leper, order his removal to a mental hospital or leper asylum or other place of safe custody, there to be kept and treated as the State Government directs during the remainder of the term for which he has been ordered to be detained or, if on the expiration of that term it is certified by a medical officer, that it is necessary for the safety of the beggar or of others that he should be further detained under medical care or treatment, then until he is discharged according to law.

(2) Where it appears to the State Government that the beggar has ceased to be of unsound mind, or is cured of leprosy, the State Government shall, by an order directed to the person having charge of the beggar if still liable to be kept in custody send him to the Certified Institution from which he was removed or if the beggar is no longer liable to be kept in custody, order him to be discharged.

(3) The provisions of section 31 of the Indian Lunacy Act, 1912 (IV of 1912), or subject to the provisions of sub-section (2) of section 14 of the Lepers Act, 1898 (III of 1898), shall apply to every beggar confined in a mental hospital or leper asylum under sub-section (1) after the expiration of the period for which he was ordered to be detained; and the time during which a beggar is confined in a mental hospital or leper asylum under that sub-section shall be reckoned as part of the period for which he may have been ordered by the Court to be detained:

Provided that where the removal of a beggar due to unsoundness of mind, or leprosy is immediately necessary, it shall be open to the authorities of the Institution in which the beggar is detained to apply to a Court having jurisdiction under the Indian Lunacy Act, 1912 (IV of 1912), or the Lepers Act, 1898 (III of 1898), as the case may be, for an immediate order of committal to a mental hospital or a leper asylum until such time as the orders of the State Government can be obtained in the matter.

Where this provision sits

ActThe Bombay Prevention of Begging Act, 1959
Section26
Marginal noteMedical examination and detention of leprosy patients and Lunatics.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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