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State of Gujarat - Section

Section 89 in The Gujarat Municipalities Act, 1963

89. Provision for lunatics and lepers.

- Every municipality shall also out of the municipal property and fund, make payments at such rates and subject to such as the State Government from time to time by general or special order prescribes, determines, for the maintenance and treatment either in the municipal borough or at any asylum, hospital or house, whether within or without such borough, 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 (V of 1898), is in force, and
(b)of persons suffering from leprosy, resident within or under any enactment for the time being in force removed from the borough:
Provided that the municipality shall not be liable under this section for the maintenance and treatment of any lunatic or leper in any such asylum, hospital or house as aforesaid, unless such lunatic or leper, immediately previous to his admission thereto, has been resident in the municipal borough 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 (IV of 1912), no order for the payment of the cost of maintenance of the lunatic by a municipality shall be made without an opportunity being given to such municipality 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 municipality 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 municipality on application.