Section Text
LEPERS ACT, 1898 LEPERS ACT, 1898 3 of 1898 4th February, 1898 "The expediency of segregating pauper lepers under suitable safeguards and of forbidding lepers generally, from following certain trades and callings connected with the bodily requirements of human beings was urged by-the Leprosy Commission which visited India six years ago, and since then steps have taken in some provinces to give effete to the recommendation of the Commission. Last year an Act was passed by the Bengal Council to provide for the arrest, examination and segregation in properly appointed asylums and lepers having no ostensible means of subsistence beyond begging for charity: for enabling local bodies to assist in furnishing funds for the maintenance and medical treatment of pauper lepers so secluded; and for restraining lepers from engaging in certain occupations of the kind already referred to. The present Bill has been prepared on the lines of the Bengal Act but so as to extend lo the whole of the India and to apply to any part thereof, and not before the issue of notification by the Local Government, with the previous sanction of the Governor-General in Council, declaring it to be applicable thereto. Where, Bengal, adequate provision on the subject has already been made, the proposed Act will not be so applied and the local law will be allowed to continue in force". - Gazette of India, 1896. Pt. V, p. 231. An Act to provide for the segregation and medical treatment of pauper lepers and the control of lepers following certain callings. Whereas it is expedient to provide for the segregation and medical treatment of pauper and the control of lepers following certain callings; It is hereby enacted as follows :- The Act has been declared to be in force in the Sonthal Parganas (now in Bihar) see the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872),section 3; in the Khondmals District by the Khondmals Laws Regulation. 1936(4 of 1936),section 3and Schedule; and in the Angul District, by the Angul Laws Regulation, 1936 (5 of 1936).section 3and Schedule. Angul is now a sub-division of Dhenkanal District of Orissa since this Regulation was repealed by Orissa Act 19 of 1967. This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (49 of 1949), section 3(1-1-1950) and to the States of Manipur, Tripura, and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950),section 3(16-4-1950), Manipur and Tripura are Union territories now but Vindhya Pradesh is now a part of State of Madhya Pradesh. This Act, as prevailing in that area, is now repealed by M. P. Act 40 of 1961, S.6. The Act has now been repealed in Maharashtra, by Mah. Act 40 of 1983 (not yet enforced.) lt Was declared in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929(1 of l929).section2and in Ajmer-Merwara - See Gazette of India, 1936, Pt. II-A, p. 488. It has also been extended to States merged in (he States of - Bombay: by Bom. Act 4 of 1950; section 3 (30-3-1950); Madhya Pradesh : by M.,P. Act 12 of 1950,section 3 (3-4-1950); Punjab : by Punj. Act 5 of l950,section 3(15-4-1950). The Act has been extended to the transferred territories in the State of Tamil Nadu by T. N. Act 22 of 1957, section 3 and Schedule (18-12-1957). The Act as amended by Lepers (Bombay Amendment) Act, 1955 (28 of 1955), has been extended to Hyderabad. Saurashtra areas of the State of Bombay by Bom. Act 39 of 1959,section 2 (15-9-1959). And the Hyderabad Leprosy Act. >953(Hyd. Act 4 of 1954), is repealed- See section 4. The Act has now been extended to the Union territories of - (1)DadraandNagarHavelibyRegn.6ofl963; (2)Pondicherry by Regn.7 of l963;
(3) Laccadive, Minicoy and Amindivi Islands by Regn. 8 of 1965. Hyderabad Leprosy Act (Andh. Pra. Act 4 of 1954) has been extended to the whole State of Andhra Pradesh by Andh. Pra. Act 20 of 1963 - Seesection 12,. Applied to Chandigarh by Chd. Admn. Gaz., 9-2-1973, Ext,. p. 237. "- -Repealed in - Gujarat by Guj. Act 4 of 1990. Assam by Assam Act 13 of 1990. Nagaland by Naga. Act 6 of 1990. Meghalaya by Megha. Act 3 of 1990. West Bengal by W.B. Act 15 of 1985. Tamil Nadu by T.N, Act 22 of 1987. Tripura by Tripura Act I of J 985. Punjab by Punj. Act 8 of 1993. Karnataka by Krna. Act 25 of 1989. Orissa by Orissa Act 1 of 1987. Himachal Pradesh by H. P. Act 14 of 1988. U. T. of Delhi, Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Chandigarh by Central Act 47 of 1983. Manipur by Mani. Act 6 of 1989 Maharashtra : Gujarat : Mysore (Bombay Area): in the long title and the Preamble of the Lepers Act, 1898, in its application to the whole State of Bombay (now split up into the Stales of Gujarat and Maharashtra), the word "pauper". - Bom. Act 28 of 1955, section 2(16 -9-1955): Guj. A. L. (8th Am.) 0. 1961; Act 37 of 1956, section 119. Punjab : In the long title and the preamble of the Lepers Act, 1898, in its application to the State of Punjab omit the words "or pauper lepers" and "following certain callings", wherever occurring.- Punj. Act 7 of 1977, S. 2 (10-5-l977).
2) It extends to the whole of India except3[the territories to which, immediately before the 1 st November, 1956, were comprised in Part B States];] but (3) It shall not come into force in4[any part of the territories to which this.Act extends] until the5[State Government], as hereinafter provided, has declared it applicable thereto.
(4) The 5[State Government) may, by notification in the6[Official Gazette], apply this Act or any part thereof to the whole or any portion of the territories7[to which this Act extends] for the time being under its administration8[* * *]. :