Tamil nadu act 015 of 1938 : Indian Lunacy (Tamil Nadu Amendment) Act, 1938

Preamble

[Indian Lunacy (1[Tamil Nadu] Amendment) Act, 1938]*

1[Tamil Nadu Act No. 15 of 1938]2[25th October, 1938]

An Act further to amend the Indian Lunacy Act, 1912, in its application to the 3[State of Tamil Nadu] for certain purposes.

Whereas it is expedient further to amend the Indian Lunacy Act, 1912 (Central Act IV of 1912), in its application to the 3[State of Tamil Nadu] for the purposes hereinafter appearing; it is hereby enacted as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2 For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 24th May, 1938, Part IV, page 127.

This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960) repealing the corresponding law in force in that territory.

3 This expression was substituted for the expression "Province of Madras" by the Tamil Nadu Adaptation of taws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

* Received the assent of the Governor-General on the 3rd October, 1938; first published in the Fort St. George Gazette on the 25th October, 1938.

Section 1. Short title

1. Short title.- This Act may be called the Indian Lunacy (1[Tamil Nadu] Amendment) Act, 1938.

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 2. Insertion of new section 33-A in Central Act, IV of 1912

2. Insertion of new section 33-A in Central Act, IV of 1912.- After section 33 of the Indian Lunacy Act, 1912 (Central Act IV of 1912) (hereinafter referred to as the said Act), the following section shall be inserted, namely:-

"33-A. Temporary order of discharge of lunatic in interests of his health.- If the person in charge of any asylum in which a lunatic is detained under the provisions of sections 14, 15 or 17, is satisfied that in the interests of the health of the lunatic, it is necessary to discharge him temporarily, the person aforesaid may order such discharge for such period as he may think fit and subject to such conditions as the 1[State] Government may by rule prescribe."

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

Section 3. Amendment of section 88, Central Act, IV of 1912

3. Amendment of section 88, Central Act, IV of 1912.- In section 88 of the said Act, for the words and figures "on a reception order made under section 14, section 15 or section 17", the words and figures "on a reception order made under sections 7, 10, 14, 15 or 17 or on an order made under sections 8 or 16" and for the words "authority which made the reception order" the words "authority which made the reception or other order aforesaid" shall be substituted.

Section 4. Amendment of section 89, Central Act, IV of 1912

4. Amendment of section 89, Central Act, IV of 1912.- In sub-section (1) of section 89 of the said Act, for the words "may make an order for the recovery of the cost of maintenance of such lunatic together with the costs of the application out of such estate or from such parson", the following words shall be substituted, namely:-

"may make an order for the recovery of the whole or any portion of the cost of maintenance of such lunatic and of the costs of the application, out of such estate or from such person:

Provided that an order directing recovery out of such estate shall be made only after making due allowance for the needs of the wife, children and other dependents, if any, of the lunatic."

Section 5. Amendment of section 91, Central Act, IV of 1912

5. Amendment of section 91, Central Act, IV of 1912.- In sub-section (1) of section 91 of the said Act, after clause (c), the following clause shall be inserted, namely:-

"(cc) to prescribe the conditions subject to which lunatics may be discharged temporarily under section 33-A".

SECTIONS