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State of Madhya Pradesh - Section

Section 26 in The M.P. Bhiksha Vritti Nivaran Adhiniyam, 1973

26. Medical examination and detention of [***] [Omitted 'leprosy patients and' by Madhya Pradesh Act No. 15 of 2018, dated 10.7.2018.] lunatics.

- [(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, the State Government may by an order setting forth the grounds of belief that the beggar is of unsound mind, order his removal to a mental hospital or other place of safe custody, as the case may be, to be kept there and treated as the State Government directs during the remainder of the term from which he has been ordered to be detained or, of 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.] [Substituted by Madhya Pradesh Act No. 15 of 2018, dated 10.7.2018.]
(2)Where it appears to the State Government that the beggar has ceased to be of unsound mind, [***] [Omitted 'or is cured of leprosy' by Madhya Pradesh Act No. 15 of 2018, dated 10.7.2018.] , the State Government shall, by an order direct 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 (No. 4 of 1912), shall apply to every beggar confined in a mental hospital 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 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 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 (No. 4 of 1912), for an immediate order of committal to a mental hospital until such time as the orders of the State Government can be obtained in the matter.