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Bombay Presidency - Section

Section 99 in The Bombay Children Act, 1948

99. Transfer of children of unsound mind or suffering from leprosy.

(1)Where it appears to the State Government that any child detained in a Classifying Centre, Approved Centre or Approved 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 belief that the child is of unsound mind or leper, order his removal to a mental hospital or leper asylum or other place of safe custody thereto 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 child or of others that he should be further detained under medical care or treatment there until he is discharged according to law.
(2)Where it appears to the State Government that the child has become of sound mind or is cured of leprosy, the State Government shall, by order direct the person having charge of the child which is still liable to be kept in custody, to send him to the Approved Centre or Approved Institution from which he was removed, or if the child is no longer liable to be kept in custody, order him to be discharged :Provided that, where, the removal of a child due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the child is detained to apply to a juvenile court of the area or to the nearest court empowered to exercise the powers of a juvenile court under section 8 of this Act for an immediate order of committal to a mental hospital or a leper asylum until such time as the order of the State Government can be obtained in the matter.