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State of Madhya Pradesh - Section

Section 82 in The M.P. Public Health Act, 1949

82. Segregation of persons suffering from leprosy.

- The Government, may, on the recommendation of the Director of Health Services by notification declare any area in the State to be a "Segregation area", if they are satisfied that in such area adequate segregation accommodation for person suffering from leprosy has been provided by the local authority, or has been placed at its disposal and set apart by it for the purpose; and thereupon, the following provisions shall apply to such area,-
(i)the Health Officer may, by notice, require any person suffering from leprosy and residing within the segregation area to remove himself to such segregation accommodation as may be specified in the notice and remain there until such time as he is certified by an authorised practitioner to be no longer infectious;
(ii)the notice shall allow a reasonable period for compliance therewith;
(iii)if the person suffering from leprosy does not comply with the notice within the period allowed therein, the Health Officer may have him compulsorily removed to the segregation accommodation specified therein using such force as may be reasonably necessary for the purpose;
(iv)the Health Officer may permit any person detained in the segregation accommodation to engage himself or accept employment in any of the capacities other than those specified in Section 78, provided that it does not involve the performance of any act specially prohibited by this Act;
(v)the notice referred to in clause (i) may be given to the person who has the care of person suffering from leprosy, and thereupon it shall be the duty of the former to remove the person suffering from leprosy to the segregation accommodation specified in the notice;
(vi)if any person suffering from leprosy escapes from, or leaves the segregation accommodation provided for him, without the written permission of the Health Officer authorised by him in this behalf, such person may be arrested without a warrant by any police officer or by any one specially empowered by the Government and removed forthwith to such segregation accommodation;
(vii)the local authority shall arrange for the food, clothing and other necessaries, of every person suffering from leprosy who is detained in the segregation accommodation, but any such person shall be at liberty to make his own arrangements for his food, clothing or other necessaries;
(viii)if any person is arrested under clause (vi) after having been arrested and dealt with under that clause on at least three previous occasions, he shall, if the Health Officer so directs in writing, be produced before a Magistrate of the First Class who shall have power to order his detention in a leprosy annexe attached to a prison, until such time as he is certified by an authorised practitioner to be no longer infectious and thereupon all the provisions of the law for the time being in force shall, so far as may be and with such modification, if any, as may be prescribed, apply to such person, as if he had been sentenced to simple imprisonment for the period for which such detention was ordered.
If the Magistrate does not order such detention or if the order of detention passed by him is subsequently cancelled, whether by himself or by an other District Magistrate, the person arrested or detained, as the case may be, shall forthwith be removed to the segregation accommodation aforesaid.Revocation of Certificates