(1) This Act may be called the Ranchi Mental Hospital Act, 1922.

(2) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context,

(a) the Board means the Board of Trustees for the 4[* * *] Hospital for mental diseases at Ranchi constituted under this Act;

(b) the Chairman means the Chairman of the Board;

(c) the Hospital means the 5[* * *] Hospital for mental diseases established at Ranchi in the State of Bihar 6[* * *];

(d) land means land as defined in Section 3 of the Land Acquisition Act, 1894 (1 of 1894);

7[* * *]

(f) the Superintendent means the Superintendent of the Hospital appointed by the 8[Central Government]; and

(g) Trustee means a member of the Board.

Subject to the provisions of this Act, the entire management and control of the Hospital shall, on and from the date on which this Act comes into force, be vested in a Board to be called the Trustees for the 9[* * *] Hospital for mental diseases at Ranchi, and the Board shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property both movable and immoveable and to contract, and shall by the said name sue and be sued.

(1) The Board shall consist of fourteen Trustees, namely:

10[(a) a Chairman to be appointed by the Central Government;

(b) eleven Trustees appointed by the Central Government, of whom four shall represent 11[West Bengal], two Uttar Pradesh, two the Punjab, two Bihar and one Madhya Pradesh;]

12[(c) one Trustee elected by the association registered under the Indian Companies Act, 191313 by the name of the United Kingdom Citizens' Association; and

(d) one Trustee elected by the association registered under the Indian Companies Act, 191314 by the name of the All-India Anglo-Indian Association.]

(2) The Superintendent shall be ex-officio Secretary of the Board.

(1) On the date on which this Act comes into force, the Central Government shall pay to the Board a sum of three and a half lakhs of rupees by way of loan, which sum shall be repaid by the Board, together with any interest or costs due in respect thereof, in accordance with such terms and conditions as the Central Government may fix.

(2) Any amount which is repaid or is repayable in any year under sub-section (1) shall be taken into account in the calculation of the amount attributable to the cost of maintenance, as defined in Section 3 of the Indian Lunacy Act, 1912 (4 of 1912), of the lunatics detained in the Hospital in that year.

(1) The Central Government may, on such terms and conditions as it may fix, make further loans to the Board for the carrying out of any works in connection with the Hospital which have been sanctioned in accordance with the provisions of any rules made under this Act, and the Board shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan.

(2) Save as provided in Section 5 and sub-section (1), the Board shall not borrow money upon or otherwise charge its funds.

On and from the date on which the provisions of this Act come into force, all monies payable under the Indian Lunacy Act, 1912 (4 of 1912), on account of the cost of maintenance of any lunatic in the Hospital shall be paid to the Board.

15[The Central Government may, at the request of the Board, cause to be acquired], under the provisions of the Land Acquisition Act, 1894 (1 of 1894), any land which it is satisfied is required by the Board for the purposes of the Hospital, and, on payment by the Board of 16[the expenses incurred by the Central Government on account of, or in connection with, the acquisition], the land shall vest in the Board.

Subject to the provisions of this Act and of any rules made hereunder, the Board shall maintain such staff of officers and servants as may in its opinion be necessary for the proper management and up-keep of the Hospital, and shall assign to them such pay and allowances as it thinks fit.

Where any person in the service of 17[the Central Government or any State Government] is appointed as an officer or servant of the Board, the Board shall

(a) if his services are wholly lent or transferred, meet in addition to his pay and allowances any charges prescribed or authorised by any rules for the time being in force 18[* * *] regarding contributions towards pensions or gratuities and leave allowances, and

(b) if he is employed 19[partly by that Government] and partly by the Board, meet such proportion of such pay and allowances and charges as may be determined by 20[that Government].

Every Trustee and every officer and servant of the Board shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1980).

The 21[Central Government] may call upon the Board to furnish it with any extract from any proceedings of the Board or from any record under the control of the Board, or with any statistics concerning the administration of the Hospital, and the Board shall thereupon furnish the same without unreasonable delay.

(1) If the 22[Central Government], after such inquiry as it may deem fit, is satisfied

(a) that any of the duties imposed or powers conferred upon the Board by or under this Act has not been performed or exercised, or has been performed or exercised in an imperfect, inefficient or unsuitable manner; or

(b) that adequate financial provision has not been made for the performance of any such duty or for the proper maintenance of the Hospital;

it may, by order in writing, direct the Board, within such period as may be specified in the order, to make arrangements to the satisfaction of the 23[Central Government] for the proper performance of any such duty or the proper exercise of any such power, or to make financial provision to the satisfaction of the 24[Central Government] for the performance of any such duty or for the maintenance of the Hospital, as the case may be; and the Board shall thereupon comply with such direction.

(2) On the failure of the Board to comply with any such direction, the 25[Central Government] or any person appointed by the 26[Central Government] in this behalf may perform such duty or exercise such power or make such provision, as the case may be, and the 27[Central Government] may attach the funds of the Board or any portion thereof and may apply the same to meet any charges incurred in the performance of such duty or the exercise of such power or in the making of such provision, as the case may be.

(3) On the repeated failure of the Board to comply with such directions, or if the Board otherwise exceeds or abuses its powers, the 28[Central Government] may, 29[by notification in the Official Gazette], declare the Board to be incompetent or to have exceeded or abused its powers, as the case may be, and direct that the Board shall be superseded for such period as may be specified in the notification.

(4) When the Board is superseded under the provisions of sub-section (3)

(a) all Trustees shall, from the date of the publication of the notification under that sub-section, vacate their offices as Trustees;

(b) all powers and duties of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the 30[Central Government] may appoint in this behalf;

(c) all funds and other property vested in the Board shall, during the period of supersession, 31[vest in 32[* * *] the Central Government]; and

(d) before the expiration of the period of supersession, elections shall be held and appointments made for the purpose of reconstituting the Board.

33[* * *]

34[The Central Government may by notification in the Official Gazette declare that, with effect from such date as may be specified in the notification, the Board shall be dissolved, and on the making of such a declaration, all funds and other property vested in the Board shall vest in 35[* * *] the Central Government.]

[Repealed by the A.O. 1937.]

(1) The 36[Central Government] may 37[* * *] make rules38 for the purpose of carrying into effect all or any of the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:

(a) for fixing the minimum number of meetings of the Board during any year;

(b) for requiring the maintenance by the Board or the Managing Committee of the Board of a record of all business transacted and the submission of copies of such record to the 39[Central Government] or to any other specified authority;

(c) for defining the powers of the Board, the Managing Committee of the Board, the Chairman and the Superintendent, respectively, to enter into contracts which shall be binding on the Board, and the manner in which such contracts shall be executed;

(d) for sanctioning works in connection with the Hospital, and for prescribing the preparation of estimates of such works before work is commenced and the authority by which such estimates shall be sanctioned;

(e) for the procedure to be observed in calling for and considering tenders;

(f) for requiring the preparation of schedules of the staff of officers and servants of the Board;

(g) for defining the powers of the Board, the Managing Committee of the Board, the Chairman and the Superintendent, respectively, in respect of the appointment promotion and dismissal of officers and servants of the Board, and in respect of the creation and abolition of appointments of such officers or servants;

(h) for regulating the grant of leave to officers and servants of the Board, and the payment of leave allowances to such officers and servants, and the remuneration to be paid to any person appointed to act for any officer or servant to whom leave is granted;

(i) for regulating the payment of pensions, gratuities, compassionate allowances and travelling allowances to officers and servants of the Board;

(j) for prescribing the establishment and maintenance of a provident fund for the officers and servants of the Board, and for the deduction of subscriptions to such provident fund from the pay and allowances of such officers or servants, other than 40[servants of the Government] whose services have been lent or transferred to the Board;

(k) for prescribing the preparation of budget estimates of the annual receipts and expenditure of the Board and of supplementary estimates of expenditure not included in the estimates, and the manner in which such estimates shall be sanctioned and published;

(l) for defining the powers of the Board, the Managing Committee of the Board, the Chairman and the Superintendent, respectively, in regard to the expentiture of the funds of the Board, whether provision has or has not been made in the budget estimates or by re-appropriation for such expenditure, and in regard to the re-appropriation of estimated savings in the budget estimates of expenditure;

(m) for prescribing the maintenance of accounts of the receipts and expenditure of the Board and providing for the audit of such accounts;

(n) for prescribing the manner in which payments are to be made by or on behalf of the Board, and the officers by whom orders for making deposits or investments or for withdrawals or disposal of the funds of the Board shall be signed; 41[* * *]

(o) for determining the custody in which the current account of the Board shall be kept, and the bank or banks at which surplus monies at the credit of the Board may be deposited at interest, and the conditions on which such monies may be otherwise invested;

42[(p) the qualifications for being appointed a Trustee;

(q) the circumstances in which and the authority by which any Trustee may be removed;

(r) the filling of any vacancy in the office of a Trustee, whether temporarily or otherwise;

(s) the term of office of Trustees; and

(t) the allowances, if any, payable to the Trustees from the funds of the Board on account of attendance at meetings of the Board.]

Subject to any rules made under 43[Section 16], the Board may, with the previous sanction of the 44[Central Government], make rules45 to provide for all or any of the following matters, namely:

(a) for the constitution of a Managing Committee and the delegation thereto of any powers exercisable under this Act by the Board;

(b) for prescribing the method of appointment, removal and replacement and the term of office of members of the Managing Committee, and for the filling of vacancies therein;

(c) for the appointment of the dates, times and places for meetings of the Board and the Managing Committee, and for regulating the procedure to be observed at such meetings;

(d) for determining the amount and nature of the security, if any, to be demanded from officers or servants of the Board, and the circumstances in which such security may be demanded;

(e) for determining the times at which, and the circumstances in which, payments may be made out of the provident funds, and the conditions on which such payments shall relieve the fund from further liability;

(f) for determining the contribution, if any, payable from the funds of the Board to the provident fund;

(g) for regulating generally all matters incidental to the provident fund and the investment thereof; and

(h) for defining the powers and duties of the Secretary of the Board.

All rules made under this Act shall be made subject to the condition of previous publication, and shall be published in the Official Gazette 46[* * *], and on such publication shall have effect as if they were enacted in this Act.

No suit shall be instituted against the Board or any Trustee or any officer or servant of the Board, or any person acting under the direction of the Board or of the Chairman or of any such officer or servant, in respect of any act purporting to be done under this Act or any rule made hereunder until the expiration of one month after written notice has been delivered or left at the office of the Board or at the office or place of abode of such officer or servant, stating the cause of action, the name and place of abode of the complaint and the relief which he claims, and unless the plaint contains a statement that such notice has been so delivered or left.

No act done or proceedings taken under this Act shall be questioned on the ground merely of

(a) the existence of any vacancy in or any defect in the constitution of the Board or the Managing Committee; or

(b) any person having ceased to be a Trustee; or

(c) any omission, defect or irregularity not affecting the merits of the case.

For all the purposes of the Indian Lunacy Act, 1912 (4 of 1912), the Hospital shall be deemed to be an asylum established by the 47[Central Government].

1. The word European omitted by the A.O. 1950.

2. The word European omitted by the A.O. 1950.

3. 1-7-1922, see Gazette of India, 1922, Part I, p. 748.

4. The word European omitted by the A.O. 1950.

5. The word European omitted by the A.O. 1950.

6. The words and Orissa omitted by the A.O. 1937.

7. Clause (e) omitted by the A.O. 1937.

8. Substituted by the A.O. 1937 for L.G.

9. The word European omitted by the A.O. 1950.

10. Clauses (a) and (b) substituted by the A.O. 1937 for original clauses (a), (b), (c) and (d).

11. Substituted by the A.O. 1948, for Bengal .

12. Substituted by Act 48 of 1952, Section 3 and Schedule II, for clauses (e) and (f).

13. See now the Companies Act, 1956 (1 of 1956).

14. See now the Companies Act, 1956 (1 of 1956).

15. Substituted by the A.O. 1937, for The L.G. may, at the request of the Board acquire .

16. Substituted by the A.O. 1937 for the compensation awarded under that Act and of the charges incurred by the L.G. in connection with the proceedings .

17. Substituted by the A.O. 1937 for Govt. .

18. The words under the provisions of Section 96-B of the G. of I. Act omitted by the A.O. 1937.

19. Substituted by the A.O. 1937 for partly by Govt. .

20. Substituted by the A.O. 1937 for the L.G. .

21. Substituted by the A.O. 1937 for L.G. .

22. Substituted by the A.O. 1937 for L.G. .

23. Substituted by the A.O. 1937 for L.G. .

24. Substituted by the A.O. 1937 for L.G. .

25. Substituted by the A.O. 1937 for L.G. .

26. Substituted by the A.O. 1937 for L.G. .

27. Substituted by the A.O. 1937 for L.G. .

28. Substituted by the A.O. 1937 for L.G. .

29. Substituted by the A.O. 1937 for with the previous sanction of the G.G. in C., by notification in the Gazette of India and in the B. & O. Gazette .

30. Substituted by the A.O. 1937 for L.G. .

31. Substituted by the A.O. 1937 for vest in the L.G. on behalf of His Majesty .

32. The words His majesty for the purposes of omitted by the A.O. 1950.

33. Sub-section (5) omitted by the A.O. 1937.

34. Substituted by the A.O. 1937 for the original Section 14.

35. The words His majesty for the purposes of omitted by the A.O. 1950.

36. Substituted by the A.O. 1937 for L.G. .

37. The words subject to rules made under Section 15 omitted by the A.O. 1937.

38. For the Ranchi European Mental Hospital (Medical Attendances) Rules, 1949, see Gazette of India, 1949, Part I, p. 1359.

39. Substituted by the A.O. 1937, for L.G. .

40. Substituted by the A.O. 1937, for Govt. servants .

41. The word and omitted by the A.O. 1937.

42. Inserted by the A.O. 1937. For rules made under the original Section 15, which correspond to these clauses, see Gazette of India, 1922, Part I, p. 749.

43. Substituted by the A.O. 1937, for Sections 15 and 16 .

44. Substituted by the A.O. 1937 for L.G.

45. For rules framed by the Board, see Gazette of India, 1923, Part 1, p. 851.

46. The words and in the B. & O. Gazette omitted by the A.O. 1937.

47. Substituted by the A.O. 1937, for Govt. .