Act 012 of 1916 : Lunacy (Amendment) Act, 1916

Section 1. Short title

1. Short title.-This Act may be called the Indian Lunacy (Amendment) Act, 1916.

Section 2. Insertion of new Section 11-A in Act 4 of 1912

2. Insertion of new Section 11-A in Act 4 of 1912.-After Section 11 of the Indian Lunacy Act, 1912, the following section shall be inserted, namely:-

"11-A. Reception order in case of lunatics from foreign States in India.-(1) When an arrangement has been made with any foreign European State with respect to the reception of lunatics in asylums in British India, the Governor-General in Council may, by notification in the Gazette of India, direct that reception orders may be made under this Act in the case of any lunatic or class of lunatics residing in the territories in India of such foreign European State, and shall in such notification specify the province or provinces within which such reception orders may be made.

(2) On publication of a notification under sub-section (1), the provisions of this Act as to the making of reception orders on petition and for temporary detention in suitable custody shall apply in the case of such lunatics, with the following modifications, namely:-

(a) an application for a reception order may be made by petition presented by such officer or agent of the foreign State in which the alleged lunatic ordinarily resides, as may by general or special order be approved by the Local Government in this behalf;

(b) the functions of the Magistrate shall be performed by such officer as the Local Government may, by general or special order, appoint in this behalf, and such officer shall be deemed to be the Magistrate having jurisdiction over the alleged lunatic for all the purposes of the said provisions;

(c) for the purposes of Sections 5 and 18(1), the expressions "Medical Officer" and "Medical Practitioner" shall include such person or class of persons as the Local Government may specify in this behalf;

(d) the Magistrate may in his discretion extend the period prescribed by Section 19 within which the alleged lunatic must have been medically examined; and

(e) Sections 6(1), (2), (3), 11 and 34 of the Act shall not apply,

and with such other modifications, restrictions or adaptations as the Governor-General in Council may, by notification in the Gazette of India, direct for the purpose of facilitating the application of the said provisions.

(3) A reception order made under this section shall be deemed to be a reception order made under Section 7 or Section 10, as the case may be."