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[Cites 0, Cited by 0] [Section 49] [Entire Act]

State of Maharashtra - Subsection

Section 49(5) in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965

(5)Every Council shall also, out of the municipal property and fund, make payments at such rates as the State Government may from time to time by general or special order specify for the maintenance and treatment either in the municipal area or at any asylum, hospital or house, whether within or without such municipal area, which the State Government declares by notification to be suitable for such purpose, -
(a)of lunatics, not being persons for whose confinement an order under Chapter XXXIV of the [Code of Criminal Procedure, 1898] [Now see code of Criminal procedure, 1973 (II of 1974).] is in force, and
(b)of leprosy patients,
resident within or under any enactment for the time being in force removed from the municipal area:Provided that, the Council shall not be liable under this sub-section for the maintenance and treatment of any lunatic or leprosy patient in any such asylum, hospital or house as aforesaid, unless such lunatic or leprosy patient, immediately previous to his admission thereto, has been resident in the municipal area for at least one year:Provided further that, where an application is made to the High Court or a District Court under the provisions of section 88 of the Indian Lunacy Act, 1912, no order, for the payment of the cost of maintenance of the lunatic by a Council shall be made without an opportunity being given to such Council to show that the lunatic has an estate applicable to his maintenance or that there is a person legally bound, and having the means, to maintain him. The officer-in-charge of any asylum to which lunatics for whose maintenance and treatment a Council is liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of each lunatic detained in the asylum and shall furnish a copy thereof to the Council on application.