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91. Legal aid to mentally ill person at State expense in certain cases.- (1) Where a mentally ill person is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate that such person has not sufficient means to engage a legal practitioner, the District Court or Magistrate shall assign a legal practitioner to represent him at the expense of the State. (2) Where a mentally ill person having sufficient means to engage a legal practitioner is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate, having regard to all the circumstances of the case, that such person ought to be represented by a legal practitioner, the District Court or Magistrate may assign a legal practitioner to represent him and direct the State to bear the expenses with respect thereto and recover the same from out of the property of such person. (3) The High Court may, with the previous approval of the State Government, make rules providing for- (a) the mode of selecting legal practitioners for the purpose of sub-sections (1) and (2); (b) the facilities to be allowed to such legal practitioners; (c) the fees payable to such legal practitioners by the Government and generally for carrying out the purpose of sub-sections (1) and (2). Explanation.-In this section "legal practitioner" shall have the meaning assigned to it in clause (i) of section 2 of the Advocates Act, 1961 (25 of 1961).    |
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