Medical examination and detention of leprosy patients and mentally retarded persons

(1) Where it appears to the State Government that any beggar and offenders detained in a Certified Institution is of unsound mind or a leper, the State Government may by an order setting forth the grounds of belief that the beggar and offenders is of unsound mind or a leper, order his removal to a mental hospital or leper asylum or other place of safe custody, to be kept and treated as the State Government may direct 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 beggar and offenders or others that he should be further detained under medical care or treatment, then until he is discharged according to law. (2) Where it appears to the State Government that the beggar and offenders has ceased to be of unsound mind, or cured of leprosy the State Government shall, by an order directed to the person having charge of the beggar and offenders, if still liable to be detained, send him to the Certified Institution from which he was removed. If the beggar and offender is no longer liable to be kept in custody, order him to be discharged. (3) The provisions of Section 40 of the Mental Health Act, 1987, and the provisions of Section 14 of the Lepers Act, 1898 shall apply to every beggar and offenders confined in a mental hospital or leper asylum 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 and offenders is confined in a mental hospital or lepers asylum 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 and offenders due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the Institution in which the beggar and offenders is detained to apply to a Court having jurisdiction under the Mental Health Act, 1987 or the Lepers Act, 1898, as the case may be, for an immediate order of committal to a mental hospital or a lepers asylum until such time and the orders of the State Government can be obtained in the matter.