The Lunacy Act, 1912
Act No.
IV of 1912
16th March, 1912
An
Act to consolidate and amend the law relating to Lunacy
whereas it
is expedient to consolidate and amend the law relating to lunacy;
It
is hereby enacted as follows :—
PART I
Preliminary
CHAPTER I
1.
Short title and extent. — (1) This Act may be called the Lunacy Act,
1912.
(2)
It extends to the whole of Pakistan
2.
Savings. Nothing contained in Part II shall be deemed to affect the
powers of any High Court, over any person found to be a lunatic by inquisition
or over the property of such lunatic, or the rights of any person appointed by
such Court as guardian of the person or manager of the estate of such lunatic.
3.
Definitions. In this Act, unless there is anything repugnant in
the subject or context,—
(1)
"asylum" means an asylum or mental hospital for lunatics established
or licensed by any Provincial Government :
(2)
" cost of maintenance" in an asylum includes the cost of lodging,
maintenance, clothing, medicine and care of a lunatic and any expenditure
incurred in removing such lunatic to and from an asylum together with any other
charges specified in this behalf by the Provincial Government, in
exercise of any power conferred upon it by this Act :
(3)
" District Court" means the principal Civil Court of original
jurisdiction in any area :
(4)
" criminal lunatic" means any person for whose detention in, or
removal to an asylum, jail or other place of safe custody an order has been
made in accordance with the provisions of section 466 or
section 471 of the Code of Criminal Procedure, 1898, or of section 30 of the
Prisoners Act, 1900, or of section 130 of the Pakistan Army Act, 1952 :
(5)
" lunatic " means an idiot or person of unsound mind :
(6)
" Magistrate " means a , District Magistrate/Sub-Divisional
Magistrate or a Magistrate of the first class specially empowered by the
Provincial Government to perform the functions of a Magistrate under this Act :
(7)
"medical officer" means a gazetted medical officer: in the service of
the State, and includes a medical practitioner declared by general or special
order of the Provincial Government to be a medical officer for the purposes of
this Act :
(8)
" medical practitioner " means a holder of a qualification to
practice medicine and surgery which can be registered in accordance with the
law for the time being in force for the registration of medical practitioners,
and includes any person declared by general or special order of the Provincial
Government to be a medical practitioner for the purposes of this Act
(9)
" prescribed " means prescribed by this Act or by rule made
thereunder :
(10)
" reception order" means an order made under the provisions of this
Act for the reception into an asylum of a lunatic other than a lunatic so found
by inquisition :
(11)
"relative" includes any person related by blood, marriage or adoption
: and
(12)
" rule " means a rule made under this Act.
PART II
RECEPTION, CARE AND TREATMENT OF
LUNATICS
CHAPTER II
RECEPTION
OF LUNATICS
4.
Reception of persons in asylum. — (1) No person other than a criminal
lunatic or a lunatic so found by inquisition shall be received or detained in
an asylum without a reception order save as provided by sections A, 8, 16 and
98 :
Provided
that any person in charge of an asylum may, with the consent of two of the
visitors of such asylum, which consent shall not be given except upon a written
application from the intending boarder, receive and lodge as a boarder in such
asylum any person who is desirous of submitting himself to treatment.
(2)
A boarder received in an asylum under the proviso to sub-section (1) shall not
be detained in the asylum for more than twenty-four hours after he has given to
the person in charge of the asylum notice in writing of his desire to leave
such asylum.
4A. — (1) Subject to the provisions of this
section, a person Who is suffering from mental illness and is likely to benefit
by temporary treatment but is for the time being incapable of expressing
himself as willing or unwilling to receive such treatment, may on a written
application duly made in accordance with the provisions of this section but
without a reception order, be received as a temporary patient for the purpose
of treatment in an asylum.
(2)
An application under this section must be in the form prescribed, must be made
to the person in charge of an asylum and must be made by the husband or wife or
by a relative of the person to whom it relates and shall contain a statement of
the connection of the applicant with the person to whom it relates and of the
circumstances in which he makes the application.
(3)
The application shall be accompanied by a recommendation in the form
prescribed, signed by two medical practitioners, one of whom shall be a medical
practitioner who is not the usual medical attendant of the person to whom the
application relates.
(4)
Each of the medical practitioners by whom a recommendation under this section
is to be made shall, before signing the recommendation, examine the person to
whom the recommendation relates either separately or in conjunction with the
other and shall specify in the recommendation the date on which he so examined
the said person and the grounds on which he bases his recommendation.
(5)
A recommendation shall be of no effect for the purposes of this section if
there is a greater interval than five clear days between the dates on which the
person to whom the recommendation relates was examined by the two medical
practitioners respectively and any such recommendation shall cease to have
effect on the expiration of fourteen days from the date on which the person to
whom the recommendation relates was examined by the two medical practitioners,
or if he was examined by those practitioners on two different dates on the
expiration of fourteen days from the later of those dates.
(6)
Where a person is received as a temporary patient under this section, notice of
his reception together with a copy of the application on which he was received
and of the recommendation accompanying the application shall, before the
expiration of the second day on which he was received, be sent by the person in
charge of the asylum to the visitors appointed under section 28.
(7)
If a person so received dies in or departs from the asylum, notice of the fact
shall before the expiration of the second day after the day of the death or
departure be sent by the person in charge of such asylum to the visitors.
(8)
Within one month of the reception of any person received as a temporary
patient under this section he shall be visited by two or more of the visitors,
one of whom shall be a medical officer.
(9)
If the visitors making the said visit are of the opinion that the patient
should continue to be detained they shall sign a statement to that effect and
shall leave it with the person in charge of the asylum, but if they are of the
opinion that it is not proper that the patient should continue to be detained
they shall, before the expiration of the second day after the day of the said
visit, by an order in writing, direct his discharge and give notice of the said
order to the officer in charge of the asylum.
(10)
Subject to the provisions of this section a person received as a temporary
patient may be detained for a period not exceeding six months but shall not be
detained as such for any longer period.
(11)
If a person who has been received as a temporary patient becomes capable of
expressing himself as willing or unwilling to continue to receive treatment,
he shall not thereafter be detained for more than twenty-eight days unless in
the meantime he has again become incapable of so expressing himself.
Reception orders on petition
5.
Application for reception order. — (1) An application for a reception
order shall be made by petition accompanied by a statement of particulars to
the Magistrate within the local limits of whose jurisdiction the alleged
lunatic ordinarily resides, shall be in the form prescribed and shall be
supported by two medical certificates on separate sheets of paper, one of which
certificates shall be from a medical officer.
(2)
If either of the medical certificates is signed by any relative, partner or
assistant of the lunatic or of the petitioner, the petition shall state the
fact and, where the person signing is a relative, the exact manner in which he
is related to the lunatic or petitioner.
(3)
The petition shall also state whether any previous application has been
presented for an inquiry into the mental capacity of the alleged lunatic in any
Court ; and if such application has been made, a certified copy of the order
made thereon shall be attached to the petition.
(4)
No application for a reception order shall be entertained in any area unless
the Provincial Government has, by notification in the official Gazette,
declared such area as an area in which reception orders may be made.
6.
Application by whom to be presented. — (l) Subject to the provisions of
sub-section (3) the petition shall be presented by the husband or wife of the
alleged lunatic, or, if there is no husband or wife or the husband or wife is
prevented by reason of insanity, absence from Pakistan or otherwise from making
the presentation, by the nearest relative of the alleged lunatic who is not so
prevented.
(2)
If the petition is not presented by the husband or wife, or, where there is no
husband or wife, by the nearest relative of the alleged lunatic, the petition
shall contain a statement of the reasons why it is not so presented, and of the
connection of the petitioner with the alleged lunatic, and the circumstances
under which he presents the petition.
(3)
No person shall present a petition unless he has attained the age of majority
as determined by the law to which he is subject, and has within fourteen days
before the presentation of the petition, personally seen the said lunatic.
(4)
The petition shall be signed and verified by the petitioner, and the statement
of prescribed particulars by the person making such statement.
7.
Procedure upon petition for reception order. — (1) Upon the presentation
of the petition the Magistrate shall consider the allegations in the petition
and the evidence of lunacy appearing by the medical certificates.
(2)
If he considers that there are grounds for proceeding further, he shall
personally examine the alleged lunatic unless for reasons to be recorded in
writing he thinks it unnecessary or inexpedient so to do.
(3)
If he is satisfied that a reception order may properly be made forthwith, he
may make the same accordingly.
(4)
If he is not so satisfied, he shall fix a date (notice whereof shall be given to
the petitioner and to any other person to whom in the opinion of the Magistrate
notice should be given) for the consideration of the petition, and he may make
such further or other inquiries of or concerning the alleged lunatic as he
thinks fit.
8.
Detention of alleged lunatic pending inquiry. Upon the presentation of
the petition, the Magistrate may make such order as he thinks fit for the
suitable custody of the alleged lunatic pending the conclusion of the inquiry.
9.
Consideration of petition. The petition shall be considered in private
in the presence of the petitioner, the alleged lunatic (unless the Magistrate
in his discretion otherwise directs), any person appointed by the alleged
lunatic to represent him and such other persons as the Magistrate thinks fit.
10.
Order. — (1) At the time appointed for the consideration of the
petition, the Magistrate may either make a reception order or dismiss the
petition, or may adjourn the same for further evidence or inquiry, and may make
such order as to the payment of the costs of the inquiry by the person upon
whose application it was made, or out of the estate of the alleged lunatic if
found to be of unsound mind, or otherwise as he thinks fit.
(2)
If the petition is dismissed, the Magistrate shall record in writing his
reasons for dismissing the same, and shall deliver or cause to be delivered to
the petitioner a copy of such order.
11.
Further provisions as to reception orders on petition. No reception
order shall be made under section 7 or section 10, save in the case of a
lunatic who is dangerous and unfit to be at large, unless—
(a)
the Magistrate is satisfied that the person in charge of an asylum is willing
to receive the lunatic, and
(b)
the petitioner or some other person engages in writing to the satisfaction of
the Magistrate to pay the cost of maintenance of the lunatic.
11A.
Power to appoint substitute for the person upon whose application a
reception order has been made. — (1) The Magistrate may, subject to the
provisions of this section, by order in writing (hereinafter referred to as an
order of substitution), transfer the duties and responsibilities under this Act
of the person on whose petition a reception order has been made to any other
person who is willing to undertake the same, and such other person shall
thereupon be deemed for the purposes of this Act to be the person on whose
petition the reception order was made, and all references in this Act to such
last-mentioned person shall be construed accordingly :
Provided
that no such order of substitution shall release the person upon whose petition
the reception order was made or, if he is dead, his legal representative from
any liability incurred before the order of substitution was made.
(2)
Before making any order of substitution, the Magistrate shall send a notice to
the person upon whose petition the reception order was made, if he is alive,
and to any relative of the lunatic to whom, in the opinion of the Magistrate,
notice should be given ;
the
notice shall specify the name of the person in whose favour it is proposed to
make such order and the date, which shall be not less than twenty days from the
sending of the notice, upon which any objection to the making of the order will
be considered.
(3)
On such date or any subsequent date to which the proceedings may be adjourned,
the Magistrate shall consider any objection made by any person to whom notice
has been sent, or by any other relative of the lunatic, and shall receive all
such evidence as may be produced by or on behalf of any of such persons and
such further evidence, if any, as the Magistrate thinks necessary, and may
thereafter make or refrain from making an order of substitution :
Provided
that, if the person on whose petition the reception order was made is dead and
any other person is willing and, in the opinion of the Magistrate, fitted to
undertake the duties and responsibilities under this Act of such
first-mentioned person, the Magistrate shall make such an order.
(4)
If in proceedings under this section any question arises as to the person to
whom the duties and responsibilities under this Act of a person upon whose
petition a reception order has been made shall be entrusted, the Magistrate
shall give preference to the person who is the nearest relative of the lunatic,
unless, for reasons to be recorded in writing, the Magistrate considers that
such preference would not be in the interests of the lunatic.
(5)
The Magistrate may make such order for the payment of the costs of an inquiry
under this section by any person who is a party thereto or out of the estate of
the lunatic, as he thinks fit
(6)
Any notice under sub-section (2) may be sent by post to the last known address
of the person for whom it is intended.
11.
B. Reception order in case of lunatics from foreign states
in Pakistan
(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 7
Provincial Government in this behalf ;
(b)
the functions of the Magistrate shall be performed by such officer as the
"Provincial 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 "Provincial 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, IIA and 34 of the Act, shall not apply, and with
such other modifications, restrictions or adaptations as the Federal Government
may, by notification in the official Gazette, 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.
Reception
orders otherwise than on petition
12.
Reception order in case of a European lunatic soldier, sailor or airman.
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII
of 1981), s. 3 and Second Schedule.
13.
Powers and duties of police in respect of wandering or dangerous lunatics
and lunatics cruelly treated or not under proper care and control. — (1)
Every officer in charge of a police-station may arrest or cause to be arrested
all persons found wandering at large within the limits of his station whom he
has reason to believe to be lunatics, and shall arrest or cause to be arrested
all persons within the limits of his station whom he has reason to believe to
be dangerous by reason of lunacy. Any person so arrested shall be taken
forthwith before the Magistrate.
(2)
Every officer in charge of a police-station who has reason to believe that any
person within the limits of his station is deemed to be a lunatic and is not
under proper care and control, or is cruelly treated or neglected by any
relative or other person having the charge of him, shall immediately report the
fact to the Magistrate.
14.
Reception order in case of wandering and dangerous lunatics. Whenever
any person is brought before a Magistrate under the provisions of sub-section
(1) of section 13, the Magistrate shall examine such person, and if he thinks
that there are grounds for proceeding further, shall cause him to be examined
by a medical officer, and may make such other inquiries as he thinks fit ; and
if the Magistrate is satisfied that such person is a lunatic and a proper
person to be detained, lie may, if the medical officer who has examined such
person gives a medical certificate with regard to such person, make a reception
order for the admission of such lunatic into an asylum :
Provided
that, if any friend or relative desires that the lunatic be sent
to a licensed asylum and engages in writing to the satisfaction of the
Magistrate to pay the cost of maintenance of the lunatic in such asylum, the
Magistrate shall, if the person in charge of such asylum consents, make a
reception order for the admission of the lunatic into the licensed asylum
mentioned in the engagement :
Provided
further that if any friend or relative of the
lunatic enters into a bond with or without sureties for such sum of money as
the Magistrate thinks fit, conditioned that such lunatic shall be properly
taken care of, and shall be prevented from doing injury to himself or to
others, the Magistrate, instead of making a reception order, may, if he thinks
fit, make him over to the care of such friend or relative.
15.
Order in case of lunatic cruelly treated or not under proper care and
control. — (1) If it appears to the Magistrate, on the report of a
police-officer or the information of any other person, that any person within
the limits of his jurisdiction deemed to be a lunatic is not under proper care
and control or is cruelly treated or neglected by any relative or other person
having the charge of him, the Magistrate may cause the alleged lunatic to be
produced before him, and summon such relative or other person as has or ought
to have the charge of him.
(2)
If such relative or other person is legally bound to maintain the alleged
lunatic, the Magistrate may make an order for such alleged lunatic being
properly cared for and treated, and, if such relative or other person willfully
neglects to comply with the said order, the Magistrate may sentence him to
imprisonment for a term which may extend to one month.
(3)
If there is no person legally bound to maintain the alleged lunatic, or if the
Magistrate thinks fit so to do, he may proceed as prescribed in section 14, and
upon being satisfied in manner aforesaid that the person deemed to be a lunatic
is a lunatic and a proper person to be detained under care and treatment may,
if a medical officer gives a medical certificate with regard to such lunatic,
make a reception order for the admission of such lunatic into an asylum.
16.
Detention of alleged lunatic pending report by medical officer. — (1)
When any person alleged to be a lunatic is brought before a Magistrate under
the provisions of section 13 or section 15, the Magistrate may, by an order in
writing authorise the detention of the alleged lunatic in suitable custody for
such time not exceeding ten days as may be, in his opinion, necessary to enable
the medical officer to determine whether such alleged lunatic is a person in
respect of whom a medical certificate may be properly given.
(2)
The Magistrate may, from time to time, for the same purpose by order in
writing, authorise such further detention of the alleged lunatic for periods
not exceeding ten days at a time as he thinks necessary :
Provided
that no person shall be detained in accordance with the provisions of this
section for a total period exceeding thirty days from the date on which he was
first brought before the Magistrate.
17.
Commissioner of Police, etc., to act in the Presidency-town. Omitted by
A .0., 1949, Sch.
Further Provisions as to reception
orders and medical certificates.
18.
Medical certificates. — (1) Every medical certificate under this Act
shall be made and signed by a medical practitioner or a medical officer, as the
case may be, and shall be in the form prescribed.
(2)
Every medical certificate shall state the facts upon which the person
certifying has formed his opinion that the alleged lunatic is a lunatic,
distinguishing facts observed by himself from facts communicated by others ;
and no reception order on petition shall be made upon a certificate founded
only upon facts communicated by others.
(3)
Every medical certificate made under this Act shall be evidence of the facts
therein appearing and of the judgment therein stated to have been formed by the
person certifying on such facts, as if the matters therein appearing had been
verified on oath.
19.
Time and manner of medical examination of lunatic. — (1) A reception
order required to be founded on a
medical
certificate shall not be made unless the person who signs the medical
certificate, or, where two certificates are required, each person who signs a
certificate has personally examined the alleged lunatic, in the case of an
order upon petition, not more than seven clear days before the date of the
presentation of the petition, and, in all other cases not more than seven clear
days before the date of the order.
(2)
Where two medical certificates are required, a reception order shall not be
made unless each person signing a certificate has examined the alleged lunatic
separately from the other.
20.
Authority for reception. A reception order, if the same appears to be in
conformity with this Act, shall be sufficient authority for the petitioner or
any person authorised by him, or in the case of an order not made upon
petition, for the person authorised so to do by the person making the order, to
take the lunatic and convey him to the place mentioned in such order and for
his reception and detention therein, or in any asylum to which he may be
removed in accordance with the provisions of this Act, and the order may be
acted on without further evidence of the signature or of the jurisdiction of
the person making the order :
Provided
that no reception order shall continue to have effect—
(a)
after the expiry of thirty days from the date on which it was made, unless the
lunatic has been admitted to the place mentioned therein within that period, or
(b)
after the discharge, under the provisions of this Act, of the lunatic from such
place or from any asylum to which he may have been removed.
21.
Copy of reception order to be sent to person in charge of asylum. Any
authority making a reception order under this Part shall forthwith send a
certified copy of the order to the person in charge of the asylum into which
such lunatic is to be admitted.
22.
Restriction as to asylums into which reception orders may direct admission. Subject
to the provisions of section 85, no Magistrate shall make a reception order for
the admission of any lunatic into any Government asylum outside the province in
which
the
Magistrate exercises jurisdiction.
Detention of lunatics pending removal to asylum
23.
Detention of lunatics pending removal to asylum. When any reception
order has been made under sections, 7, 10, 14, or 15, the Magistrate may, for
reasons to be recorded in writing, direct that the lunatic, pending his removal
to an asylum, be detained in suitable custody in such place as the Magistrate
thinks fit.
Reception and detention of criminal lunatics
24.
Reception and detention of criminal lunatics. An order under section 466
or section 471 of the Code of Criminal Procedure, 1898, or under section 30 of
the Prisoners Act, 1900. or under the provisions of section 130 of the
Pakistan Army
Act,
1952 directing the reception of a criminal lunatic into any asylum which is
prescribed for the reception of criminal lunatics shall be sufficient authority
for the reception and detention of any person named therein in such asylum or
in any other asylum to which he may be lawfully transferred.
Reception after inquisition
25.
Reception after inquisition. A lunatic so found by
inquisition under Chapter V may be admitted into an asylum on an order made by
the District Court.
26.
Order for payment of cost of maintenance of lunatic. —
(1) When any lunatic has been admitted into an asylum in accordance with the
provisions of section 25.
the
District Court, shall, on the application of the person in charge of the asylum,
make an order for the payment of the cost of maintenance of the lunatic in the
asylum, and may from time to time direct that any sum of money payable under
such order shall be recovered from the estate of the lunatic or of any person
legally bound to maintain him :
Provided
that if at any time it shall appear to the satisfaction of the Court that the
lunatic has not sufficient property, and that no person legally bound to
maintain such lunatic has sufficient means for the payment of such cost, the
Court shall certify the same instead of making such order for the payment of
the cost as aforesaid.
(2)
An order under sub-section (1) shall be enforced in the same manner and shall
be of the same force and effect and subject to the same appeal as a decree made
by the Court in a suit in respect of the property or person therein mentioned.
Amendment of order or certificate
27.
Amendment of order or certificate. If, after the reception of any
lunatic into any asylum on a reception order, it appears that the order upon
which he was received or the medical certificate or certificates upon which
such order was made is or are defective or incorrect, the same may at any time
afterwards be amended by the person or persons signing the same with the
sanction of two or more of the visitors of the said asylum, one of whom shall
be a medical officer.
CHAPTER III
CARE AND
TREATMENT
VISITORS
28.
Appointment of visitors. — (1) The Provincial Government
shall appoint for every asylum not less than three visitors, one of whom at
least shall be a medical officer.
(2)
The Inspector-General of Prisons (where such office exists) shall be a visitor
ex-officio of all the asylums within the limits of his jurisdiction.
29.
Monthly inspection by visitors. Two or more of the visitors,
one of whom shall be a medical officer, shall, once at least in every month,
together inspect every part of the asylum of which they are visitors, and see
and examine, as far as circumstances will permit, every lunatic and boarder
therein, and the order and certificate for the admission of every lunatic
admitted since the last visitation of the visitors, and shall enter in a book
to be kept for that purpose any remarks which they may deem proper in regard to
the management and condition of the asylum and the inmates thereof.
30.
inspection of criminal lunatics by inspector General or visitors. —
(1) When any person is detained under the provisions of section 466 or section
471 of the Code of Criminal Procedure, 1898 or under the provisions of section
130 of the Pakistan Army Act, 1952, the Inspector-General of Prisons, if such
person is detained in a jail or the visitors of the asylum or any two of them,
if he is detained in an asylum, may visit him in order to ascertain his state
of mind ; and he shall be visited once at least in every six months by such
Inspector-General or by two of such visitors as aforesaid ; and such
Inspector-General or visitors shall make a special report as to the state of
mind of such person to the authority under whose order he is detained,
(2)
The Provincial Government may empower the officer in charge of the jail in
which such person may be detained to discharge all or any of the functions of
the Inspector-General under sub-section (1).
Discharge of lunatics
31.
Order of discharge form asylum by visitors. — (1) Three
of the visitors of any asylum, of whom one shall be a medical officer, may, by
order in writing, direct the discharge of any person detained in such asylum,
and such person shall thereupon be discharged :
Provided
that no order under this sub-section shall be made in the case of a person
detained under a reception order under section 12, or, in the case of a
criminal lunatic, otherwise than as provided by section 30 of the Prisoners
Act, 1900.
(2)
When such order is made, if the person is detained under the order of any
public authority, notice of the order of discharge shall be immediately
communicated to such authority.
32.
Discharge of lunatics in other cases. — (1) A
lunatic detained in an asylum under a reception order, made on petition, shall
be discharged if the person on whose petition the reception order was made so
applies in writing to the person in charge of the asylum :
Provided
that no lunatic shall be discharged under the provisions of sub-section (1) if
the officer in charge of the asylum certifies in writing that the lunatic is
dangerous and unfit to be at large.
33.
order of discharge on undertaking of relative for due care of the
lunatic. When any relative or friend of a lunatic detained in any asylum
under the provisions of sections 14,15 or 17 is desirous that such lunatic
shall be delivered over to his care and custody, he may make application to the
authority under whose order the lunatic is detained, and such authority, if it
thinks fit, in consultation with the person in charge of the asylum and with
the visitors or with one of them being a medical officer, and upon such
relative or friend entering into a bond with or without sureties for such sum
of money as the said authority thinks fit conditioned that such lunatic shall
be properly taken care of and shall be prevented from doing injury to himself
or to others, may make an order for the discharge of such lunatic, and such
lunatic shall thereupon be discharged.
33A.
Order of temporary release on request of relative for care and custody of
lunatic. — (1) When any relative or friend of a lunatic detained in any
asylum under the provisions of section 7, 10, 14 or 15 is desirous that such
lunatic shall be temporarily released and delivered over to his care and
custody, he may make an application to the person in charge of the asylum, who
in consultation with the visitors or with one of them being a medical officer
shall, unless for any reason he considers that such release is undesirable,
make an order for the temporary release of such lunatic for a period not
exceeding sixty days and such lunatic shall thereupon be so released.
(2)
No order under sub-section (1) for the temporary release of a lunatic detained
under section 7 or 10 shall be passed except on an application of the
petitioner on whose petition such lunatic was detained or without the consent
in writing of such petitioner :
Provided
that, if in any such case, it appears to the person in charge of
the asylum that such petitioner refuses, without sufficient reasons, to accord
such consent, or is dead, he shall refer the application made to him under
sub-section (1), to the Magistrate who would have jurisdiction to detain such
lunatic under section 7 or 10 and such Magistrate may, after making such inquiry
as he thinks fit, order the temporary release of such lunatic for the period
specified in sub-section (1).
(3)
Any order made for the release of a lunatic under subsection (1) may, on the
application of any relative or friend, at any time during the period of his
release, be set aside, or varied by the Magistrate who would have jurisdiction
to detain such lunatic in any asylum under section 7, 10, 14 or 15 on any
ground other than that the lunatic was not in a state of mind fit to be
released at the time the order for his release was made under subsection (1).
If the order of release is so set aside, the lunatic shall be re-admitted and
detained in the asylum.
(4)
If a lunatic released under sub-section (1) or (2) is, at any time during the
period of his release, found to be unmanageable or dangerous and unfit to be
at large, the person who applied for his release shall inform the Magistrate
who would have jurisdiction to detain the lunatic under section 7 or section
10 and shall take the lunatic to the asylum, and such lunatic shall thereupon
be re-admitted and detained in the asylum.
(5)
If a lunatic released under sub-section (1) or (2) does not return to the
asylum at the expiration of the period for which he was released and if no
order for his discharge has been passed under section 31 or section 33 or if he
is, at any time during the period of his release, found to be unmanageable or
dangerous or unfit to be at large and the person who applied for his release
states by a written application to the person in charge of the asylum that he
is unable to bring him to the asylum such lunatic shall be deemed to have
escaped from the asylum and may at any time within one month after the
expiration of the said period be retaken to and detained in the asylum in the
manner provided in section 36 :
Provided
that such a person shall be deemed to be discharged if on or
before the expiry of the period for which he was released, the Board of
Visitors is satisfied as a result of investigations conducted by the person in
charge of the asylum concerned that the person may with safety be discharged.
(6)
No order shall be made under sub-section (1) until the
person
making the application has entered into a bond with or without sureties for such
sum of money as the person making the order thinks fit conditioned that the
lunatic shall be properly taken care of and shall be prevented from doing
injury to himself or to others and taken back to the asylum on the expiry of
the period of his release or in the event of his becoming unmanageable or
dangerous and unfit to be at large.
34.
Discharge of person subsequently found on inquisition not to be of unsound
mind. If any lunatic detained in an asylum on a reception
order made under sections 7, 10, 14, or 15 is subsequently found on an
inquisition under 2 Chapter V not to be of unsound mind
and incapable of managing himself and his affairs, the person in charge of the
asylum shall forthwith, on the production of a certified copy of such finding,
discharge the alleged lunatic from the asylum.
Removal of lunatics
35.
Removal of lunatics and criminal lunatics. — (1) Any lunatic may, in
accordance with any general or special order of the Provincial Government, be
removed from sany Government asylum to any other asylum within the province, or
to any other asylum in the other province, with the consent of the Provincial
Government of that province :
Provided
that no lunatic admitted into an asylum on a reception order made on petition
shall be removed in accordance with the provisions of this sub-section until
notice of such intended removal has been given to the petitioner.
(2)
The Provincial Government may make such general or special order as it thinks
fit directing the removal of any person for whose detention an order has been
made under section 466 or section 471 of the Code of Criminal Procedure, 1898,
to or under section 130 of the Pakistan Army Act, 1952 from the place where he
is for the time being detained to any asylum, jail or other place of safe
custody in the province, or to any asylum, jail or other place of safety in the
other province with the consent of the Provincial Government of that province.
ESCAPE AND RE-CAPTURE
36.
Every person received into an asylum under any such order as is required by
this Act, may be detained therein until he is removed or discharged as
authorised by law, and in case of escape may, by virtue of such order, be
re-taken by any police-officer or by the person in charge of such asylum, or
any officer or servant belonging thereto, or any other person authorised in
that behalf by the said person in charge, and conveyed to and received and
detained in such asylum :
Provided
that in the case of a lunatic not being a criminal lunatic or a lunatic in
respect of whom a reception order has been made under section 12, the power to
re-take such escaped lunatic under this section shall be exercisable only for a
period of one month from the date of his escape.
PART III
Judicial Inquisition as to Lunacy
CHAPTER IV.—proceedings in lunacy IN presidency-towns.
Omitted by A. 0., 1949, Schedule.
CHAPTER V
INQUISITION
62.
Power of District Court to institute inquisition as to persons alleged
to be lunatic. Whenever any person is possessed of property and is alleged
to be a lunatic, the District Court, within whose jurisdiction such person is
residing may, upon application, by order direct an inquisition for the purpose
of ascertaining . whether such person is of unsound mind and incapable of managing
himself and his affairs.
63.
Application by whom to be made. — (1) Application for such inquisition
may be made by any relative of the alleged lunatic or by any public Curator
appointed under the Succession Act, 1925 (hereinafter referred to as the
Curator), or by the Government Pleader, as defined in the Code of Civil
Procedure, 1908, or if the property of the alleged lunatic consists in whole or
in part of land or any interest in land, by the Collector of the district in
which it is situate.
(2)
If the property or any part thereof is of such a description that it would by
the law in force in any Province where such property is situate subject the
proprietor, if disqualified, to the jurisdiction of the Court of Wards, the
application may be made by the Collector on behalf of the Court of Wards.
64.
Regulation of proceeding of District Courts. The following
provisions shall regulate the proceedings of the District Court with regard to
the matters to which they relate, namely :—
(i)
Notice shall be given to the alleged lunatic of the time and place at which it
is proposed to hold the inquisition.
(ii)
If it appears that personal service on the alleged lunatic would be
in-effectual, the Court may direct such substituted service of the notice as it
thinks fit.
(iii)
The Court may also direct a copy of such notice to be served upon any relative
of the alleged lunatic and upon any other person to whom in the opinion of the
Court notice of the application should be given.
(iv)
The Court may require the alleged lunatic to attend, at such convenient time
and place as it may appoint for the purpose of being personally examined by the
Court, or by any person from whom the Court may desire to have a report of the
mental capacity and condition of such alleged lunatic.
(v)
The Court may likewise make an order authorising any person or persons therein
named to have access to the alleged lunatic for the purpose of a personal
examination.
(vi)
The attendance and examination of the alleged lunatic under the provisions of
clause (iv) or clause (v) shall, if the alleged lunatic be a woman who,
according to the manners and customs of the country, ought not to be compelled
to appear in public, be regulated by the law and practice for the examination
of such persons in other civil cases.
65.
Inquisition by District Court and finding thereon. —
(1) The District Court, if it thinks fit, may appoint two or more persons to
act as assessors to the Court in the said inquisition.
(2)
Upon the completion of the inquisition, the Court shall determine whether the
alleged lunatic is of unsound mind and incapable of managing himself and his
affairs or may come to a special finding that such alleged lunatic is of
unsound mind so as to be incapable of managing his affairs, but that he is
capable of managing himself and is not dangerous to himself or to others.
66.
Inquisition by subordinate Court on commission issued by District Court and
proceedings thereon. — (1) If the alleged lunatic resides
at a distance of more than fifty miles from the place where the District Court
is held to which the application is made, the said Court may issue a Commission
to any subordinate Court to make the inquisition, and such subordinate Court
shall thereupon conduct the inquisition in the manner hereinbefore provided in
this Chapter.
(2)
On the completion of the inquisition the subordinate Court shall transmit
the record of its proceedings with the opinions of the assessors if assessors
have been appointed, and its own opinion on the case ; and the District Court
shall thereupon proceed to dispose of the application in the manner provided in
section 65, sub-section (2) :
Provided
that the District Court may direct the subordinate Court to make such further
or other inquiries as it thinks fit before disposing of the application.
Judicial powers over person and estate of lunatic
67.
Custody of lunatics and management of their estates. — (1) The Court may
make orders for the custody of lunatics so found by inquisition and the
management of their estates.
(2)
When upon the inquisition it is specially found that the person to whom the
inquisition relates is of unsound mind so as to be incapable of managing his
affairs, but that he is capable of managing himself and is not dangerous to
himself or to others, the Court may make such orders as it thinks fit for the
management of the estate of the lunatic including proper provisions for the
maintenance of the lunatic and of such members of his family as are dependent
on him for maintenance, but it shall not be necessary to make any order as to
the custody of the person of the lunatic.
68.
Court of Wards to be authorised in certain cases to take charge of estate of
lunatic. If the estate of a lunatic so found or any part
thereof consists of property which, by the law for the time being in force,
subjects the proprietor, if disqualified, to the jurisdiction of the Court of
Wards, the Court of Wards shall be authorised to take charge of the same.
69.
Power to direct collector to take charge of person and estate of lunatic in
certain cases. — (1) If the estate of a lunatic so
found consists in whole or in part of land or any interest in land, but is not
of such a nature that it would subject the proprietor, if disqualified to the
.jurisdiction of the Court of Wards, the District Court may direct the
Collector to take charge of the person and estate of the lunatic :
Provided
that no such order shall b; made without the consent of the Collector
previously obtained.
(2)
The Collector shall thereupon appoint a manager of the estate, and may appoint
a guardian of the person of the lunatic.
70.
Control over proceedings of Collector. All proceedings of the Collector
in regard to the person or estate of a lunatic under this Chapter shall be
subject to the control of the l Provincial Government or of such authority as
it may appoint in this behalf.
71.
Power of District Court to appoint guardian and manager and take security
from manager. — (1) In all other cases the District Court shall appoint a
manager of the estate of the lunatic and may appoint a guardian of his person
:
Provided
that a District Court may, instead of appointing a manager of the estate of a
lunatic, exercise any of the powers conferred on the High Court under sections
56 and 59.
(2)
Any person who has been appointed by the District Court or Collector to manage
the estate of a lunatic shall, if so required, enter into a bond in such form
and with such sureties as to the Court or the Collector, as the case may be,
may seem fit, engaging duly to account for what he may receive in respect of
the property of. the lunatic.
72.
Restriction on a appointment of legal heir of lunatic to be guardian of his
person. The legal heir of a lunatic shall not be appointed to be the
guardian of the person of such lunatic unless the Court of or the Collector, as
the case may be. for reasons to be recorded in writing, considers that
such an appointment is for the benefit in. of the lunatic. guardian of the
person of a lunatic or a manager of his estate appointed under this Chapter
shall be paid such allowance, if any, as the Court or the Collector, as the
case may be, thinks fit for his care and pains in the execution of
his duties.
74.
Duties of guardian. — (1) The person appointed to be guardian of a
lunatics person shall have the care of his person and maintenance.
(2)
When a distinct guardian is appointed, the manager shall pay to the guardian
such allowance as may be fixed by the District Court or the Collector, as the
case may be, for the maintenance of the lunatic and such members of his family
as are dependent on him for their maintenance.
75.
Powers of manager. — (1) Every manager of the estate of a lunatic
appointed as aforesaid may exercise the same powers in the management of the
estate as might have been exercised by the proprietor if not a lunatic, and may
collect and pay all just claims, debts and liabilities due to or by the estate
of the lunatic :
Provided
that no manager so appointed shall without the permission of the Court—
(a)
mortgage, charge, or transfer by sale, gift, exchange or otherwise any
immoveable property of the lunatic,
(b) lease any such property for a term exceeding five years.
Such
permission may be granted subject to any condition or restriction which the
Court thinks fit to impose.
(2)
Before granting any such permission, the Court may cause notice of the
application for such permission to be served on any relative or friend of the
lunatic, and may make or cause to be made such inquiries as to the Court may
seem necessary in the interests of the lunatic.
76.
Manager to furnish inventory and annual accounts. —
(1) Every person appointed by the District Court or by the Collector to be
manager of the estate of a lunatic shall, within six months from the date of
his appointment, deliver in Court or to the Collector, as the case may be, an
inventory of the immoveable property belonging to the lunatic and of all such
money, or other moveable property, as he may receive on account of the estate,
together with a statement of all debts due by or to the same.
(2)
Every such manager shall also furnish to the Court or to the Collector
annually, within three months of the close of the year of the era current in
the district, an account of the property in his charge, exhibiting the sums
received and disbursed on account of the estate and the balance remaining in
his hands.
77.
Proceeding if accuracy of inventory or account is impugned. If any
relative of the lunatic, or the Collector by petition to the Court, impugns
the accuracy of the said inventory and statement, or of any annual account, the
Court may summon the manager and inquire summarily into the matter and make
such order thereon as it thinks fit ; or the Court, at its discretion, may
refer any such petition to any subordinate Court or to the Collector if the manager
was appointed by the Collector.
78.
Payment into public treasury and investment of proceeds of estate. All
sums received by a manager on account of any estate in excess of what may be
required for the current expenses of the lunatic or of the estate, shall be
paid into the public treasury on account of the estate and shall be invested
from time to time in any of the securities specified in section 20 of the
Trusts Act, 1882, unless the Court or the Collector, as the case may be, for
reasons to be recorded in writing, directs that such sums be in the interest of
the lunatic otherwise invested or applied.
79.
Relative may sue for an account. Any relative of a lunatic may
with the leave of the District Court sue for an account from any manager appointed
under this Chapter, or from any such parson after his removal from office or
trust, or from his legal representative in case of his death, in respect of any
estate then or formerly under his care or management or of any sums of money or
other property received by him on account of such estate.
80.
Removal of managers and guardians. — (1) The District Court, for any
sufficient cause, may remove any manager appointed by it not being the Curator,
and may appoint such Curator or any other fit person in his place, and may
compel the persons so removed to make over the property in his hands to his
successor, and to account to such successor for all money received or disbursed
by him.
(2)
The Court may also for any sufficient cause, remove any guardian of the person
of the lunatic appointed by it, and may appoint any other tit person in his
place.
(3)
The Collector, for any sufficient cause, may remove any manager of the estate
of a lunatic or guardian of the person of a , lunatic appointed by him, and may
appoint any other fit person in place of such manager or guardian ; and the
District Court, on the application of the Collector, may compel any manager
removed under this section to make over the property and all accounts in his
hands to his successor and to account to such successor for all money received
or disbursed by him.
81.
Penalty on manager for refusing to deliver accounts or property. The
District Court may impose a fine not exceeding r five hundred rupees
on any manager of the estate of a lunatic who willfully neglects or refuses to
deliver his accounts or any property in his hands within the time fixed by the
Court, and may realize such fine as if it were a sum due under a decree of the
Court, and may also commit the recusant to the civil jail until he delivers
such accounts or property.
82.
Proceedings in lunacy to cease or to be set aside if court finds that the
unsoundness of mind has ceased. — (1) When any person has been found
under this Chapter o to be of unsound mind, and it is subsequently shown to the
District Court that there is reason to believe that such unsoundness of
mind has ceased, such Court may make an order for inquiring whether such person
is still of unsound mind and incapable of managing himself and his
affairs.
(2)
The inquiry shall, as far as may be, be conducted in the same manner as is
prescribed in this Chapter for an inquisition into the unsoundness of mind of
an alleged lunatic, and if it is found that the unsoundness of mind has ceased,
the Court shall order all proceedings in the lunacy to cease or to be set aside
on such tern-is and conditions as to the Court may seem fit.
83.
Appeals. An appeal shall lie to the High Court from any order
made by a District Court, under this Chapter.
Chapter VII. ---- Expenses of
Lunatics.
PART IV Miscellaneous
CHAPTER VI
ESTABLISHMENT
OF ASYLUMS
84.
Provincial Government may establish or license the establishment of asylums.
The Provincial Government may establish or license the establishment of
asylums at such places as it thinks fit if it is satisfied that provision has
been or will be made for the curative treatment therein of persons suffering
from mental diseases.
84.
A. Power to cancel licence if provision for curative
treatment is insufficient. If in any licensed asylum no provision for
curative treatment has been made, or the Provincial Government considers that
the provision made is insufficient, the Provincial Government may require the
person in charge of the asylum to take such measures for making or supplementing
such provision as it may deem necessary, and, if such person does not comply
with the requisition within a reasonable time, the Provincial Government may
revoke the licence.
85.
Provision for admission of lunatics in asylums outside a province. The
Magistrates or Courts exercising jurisdiction in any province may send lunatics
or any class of lunatics to any asylum situate in the other province in
accordance with any general or special order of the Provincial Government made
in that behalf with the consent of the Provincial Government of such other
province.
CHAPTER VII
EXPENSES OF
LUNATICS
86.
Payment of cost of maintenance in licensed asylums in Certain cases by
Government. — (1) When any lunatic is admitted to a licensed asylum under a
reception order or an order under section 25, and no engagement has been taken
from the friends or relatives of the lunatic or order made by the Court for the
payment of expenses under the provisions of this Act, the cost of maintenance
of such lunatic shall, subject to the provision of any law for the time being
in force, be paid by the Government to the person in charge of such asylum.
87.
Application of property in the prossession of a lunatic found wandering. Any
money in the possession of a lunatic found wandering at large may be applied
by the Magistrate towards the payment of the cost of maintenance of the lunatic
or of any other expenses incurred on his behalf, and any moveable property
found
on the person of the lunatic may be sold by the Magistrate, and the proceeds
thereof similarly applied.
88.
Application to Civil Court for order
for the payment of cost of maintenance out of the lunatic’s estate, or by
person bound to maintain him. if a lunatic detained in an asylum on a
reception order made under section 14, or section 15 has an estate applicable
to his maintenance, or if any person legally bound to maintain such lunatic has
the means to maintain him, the authority which the reception order or any local
authority liable for the cost of maintenance of such lunatic under any law for
the time being in force may apply to the 4 District Court within
the local limits of the original jurisdiction of which the estate of the
lunatic is situate or the person legally bound to maintain him resides, for an
order for the payment of the cost of maintenance of the lunatic.
89.
order of court and enforcement thereof. — (i) The Court shall inquire
into the matter in a summary way, and on being satisfied that such lunatic has
an estate applicable to his maintenance, or that any person is legally bound to
maintain and has the means of maintaining such lunatic, 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 person.
(2)
Such order shall be enforced in the same manner, and shall be of the same force
and effect and subject to the same appeal as a decree made by the said Court in
a suit in respect of the property or person therein mentioned.
89.A.
Fixation of cost of maintenance. — (1) In computing the amount
payable on account of the cost of maintenance of lunatics detained in any
asylum for the cost of whose maintenance any Provincial Government is liable,
charges may be included on account of the upkeep of the asylum and of the
capital cost of establishment thereof.
89.B.
incidence of costs of maintenance payable by Government. —
(1) When under the provisions of this Act the cost of the maintenance of a
lunatic is payable by the Government, then such cost shall be payable —
(a)
in the case of a lunatic not domiciled in Pakistan
(b)
in the case of a lunatic domiciled in Pakistan, by the Provincial Government of
the province in which the lunatic has last resided for a period of five years
before the reception order or the order under section 25, as the case may be,
was made ; or, if the lunatic has not been resident in any one province for
such period, by the Provincial Government of the province in which such order
was made.
90.
Saving of liability of relatives to maintain lunatic. The
liability of any relative or person to maintain any lunatic shall not be taken
away or affected by any provision contained in this Act.
CHAPTER VIII
RULES
91.
power of provincial Government to make rules. — (1) the provincial
Government may make rules for all or any of the following purposes, namely :—
(a)
to prescribe forms for any proceeding under this Act ;
(b)
to prescribe places of detention and regulate the care and treatment of
persons detained under section 8 or section 16 ;
(c)
to regulate the 4detention, care, treatment and discharge of
criminal lunatics ;
(d)
to regulate the management of asylums and the care and custody of the inmates
thereof and their transfer from one asylum to another ;
(e)
to regulate the transfer of criminal lunatics to asylums ;
(f)
to prescribe the procedure to be followed by District Courts and Magistrates
before a lunatic is sent to any asylum established by Government;
(g)
to prescribe the Government asylums within the province to which lunatics from
any area or any class of lunatics shall be sent ;
(h)
to prescribe conditions subject to which asylums may be licensed ;
(i)
save as otherwise provided in this Act, generally to carry into effect the
provisions of the Act.
(2) In making any rule under this section, the "Provincial
Governments may direct that a breach of it shall be punishable with fine which
may extend to fifty rupees.
92.
Publication of rules. All rules made under section 91 shall be
published in the official Gazette, and shall thereupon have effect as if
enacted in this Act.
CHAPTER IX
SUPPLEMENTAL PROVISIONS
93.
Penalty for improper reception or detention of lunatic. Any
person who
(a)
otherwise than in accordance with the provisions of this Act receives or
detains a lunatic or alleged lunatic in an asylum, or
(b)
for gain detains two or more lunatics in any place not being an asylum,
shall be punishable with imprisonment which may extend to two years
or with fine or with both.
94.
Provision as to bonds. The provisions of Chapter XLII
of the Code of Criminal Procedure, 1898, shall, so far as may be, apply to
bonds taken under this Act.
95.
Pension of lunatic payable by Government. — (1) When
any sum is payable in respect of pay, pension, gratuity, or other similar
allowance to any person by the Federal Government or any Provincial Government;
in the person to whom the sum is payable is certified by a Magistrate to be a
lunatic, the Government officer under whose authority such sum would be payable
if the payee were not a lunatic may pay so much of the said sum as he thinks
fit to the person having charge of the lunatic, and may pay the surplus, if
any, or such part thereof, as he thinks fit for the maintenance of such members
of the lunatics family as are dependent on him for maintenance.
(2) The Government concerned shall be discharged of all liability
in respect of any amounts paid in accordance with this section.
96.
Use of form in schedule. Subject to any rules, the
forms set forth in the First Schedule, with such variation as the circumstances
of each case may require, shall be used for the respective purposes therein
mentioned, and if used shall be sufficient.
97.
Protection to persons acting under Act. No suit, prosecution or other
legal proceedings shall lie against any person for anything which is in good
faith done or intended to be done under this Act.
98. Power to give effect to warrants and orders of certain
Courts outside Pakistan
99.
Power to make rules for reception of lunatics received from outside Pakistan
100. Orders under repealed Act. Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (XXVIIof 1981), s. 3 and Second
Schedule.
100a. Ranchi European Mental Hospital .}
Omitted by A. 0., 1949, Sch.
101. Repeal of enactment’s.} Rep. by Second Repealing and
Amending Act, 1914 (XVII of 1914), s. 3 and Schedule II.
SCHEDULE I
FORMS
(See section 96)
FORM I
Application for Reception Order
(See sections 5 and 6)
In
the matter of A.B. , residing
at
, by occupation son of
; a person alleged to be a lunatic.
To
To,
District Magistrate of
or Sub-divisional Magistrate of
or Magistrate specially empowered under Act IV of 1912
for
.
Full name caste and titles.
The
petition of C.D. , residing at
, by occupation
, son
of
, in the town of
or subdivision of
in the district of
.
1.
lam
2 years of
age.
2.
I desire to obtain an order for the reception of A.B. as a lunatic in
the asylum
of
situate
at
3. I last saw the said A.B. at
on the 4 day of.
4.
I am the 5 of the
said A.B.
or
if the petitioner is not a relative of the patient state as follows}
I
am not a relative of the said A.B. The reasons why this
petition
is not presented by a relative are as follows : State them.}
The
circumstances under which this petition is presented by me are as follows :
State them.
5.
The persons signing the medical certificates which accompany the petition are.
6.
A statement of particulars relating to the said A. B. accompanies this petition.
7.
that is the fact. An application for an inquiry into the mental capacity of the
said A.B. was made to the on
the and a certified
copy of the order made on the said petition is annexed hereto. Or if that is
the fact.
No
application for an inquiry into the mental capacity of the said A.B. has been
made previous to this application.
The
petitioner therefore prays that a reception order may be made in
accordance with the foregoing statement.
(Sd. ) CD.
The
statements contained or referred to in paragraphs are true to my knowledge ;
the other statements are true to my information and belief.
Dated
(Sd.) CD.
Statement of particulars
If
any of the particulars in this statement is not known, the fact to be so
stated.
The following is a statement of particulars relating to the said
A.B.
Name
of patient at length.
Sex
and age.
Married,
single or widowed.
Previous
occupation.
Caste
and religious belief, as far as known.
Residence
at or immediately previous to the date hereof.
Names
of any near relatives to the patient who are alive.
Whether
this is first attack of lunacy.
Age
(if known) on first attack.
When
and where previously under care and treatment as a lunatic.
Duration
of existing attack.
Supposed
cause.
Whether
the patient is subject to epilepsy.
Whether
suicidal.
Whether
the patient is known to be suffering from phthisis or any form of tubercular
disease.
Whether
dangerous to others, and in what way.
Whether
any near relative (stating the relationship) has been afflicted with
insanity.
Whether
the patient is addicted to alcohol, or the use of opium, ganja, charas,
bhang, cocaine or other intoxicant.
The
statements contained or referred to in paras, are true to my knowledge. The
other statements are true to my information and belief.
Signature
by person making the statement.
FORM 2
Reception Order on Petition
(See sections 7, 10)
I, the undersigned E. F., being the District Magistrate of
or the Sub-divisional Magistrate
of
or a Magistrate of the first class specially empowered by Government to perform
the functions of a Magistrate under Act IV of 1912 upon the petition of C. D.
of in the matter of A. B., a lunatic, accompanied by the medical certificates
of G. H., a medical officer, and of J. K., a medical practitioner or medical
officer, under the said Act, hereto annexed, hereby authorise you to receive
the said A. B. into your asylum. And I declare that I have or have not
personally seen the said A.B. before making this order.
(Sd. ) E.F.
(Designation as above)
To
FORM 3
Medical Certificate
(See sections 18, 19)
In the matter of A. B. of in the town
of (or
the sub-division of
in the district of
an alleged lunatic.
I, the undersigned C. D., do hereby certify as follows :— 1
gazetted medical officer or a medical practitioner declared by a holder of or
declared by provincial Government to be a Government to be medical officer
under Act IV of 1912 medical practitioner under Act IV of 1912 am in the actual
practice of the medical profession.
2.
On the
day of
19 at in the
town/village
of or
the sub-division of in the district of separately
from any other practitioner f6, I personally examined the said A. B. and came
to the conclusion that the said A. B. is a lunatic and a proper person to be
taken charge of and detained under care and treatment.
3.
I formed this conclusion on the following grounds, viz.:—
(a)
Facts indicating insanity observed by myself, viz. :—
(b)
Other facts (if any) indicating insanity communicated to me by others, viz.
:—Here state the information and from whom.
(Sd. ) C. D.
(Designation as above)
FORM 5
Reception
order in case of wandering or dangerous lunatics or lunatics not under proper
control or cruelly treated (sent to an asylum established by Government).
(See
sections 14, 15, 17)
I,
C. D., 2 the District Magistrate
of 3or the Sub-divisional
Magistrate of or a Magistrate specially empowered
by Government under Act IV of 1912 having caused A. B. to be examined by E. F.,
a Medical Officer under the Lunacy Act, 1912, and being satisfied that A. B.
describing him is a lunatic who was wandering at large or is a person dangerous
by reason of lunacy or is a lunatic not under proper care and control or is
cruelly treated or neglected by the person having the care or charge of him and
a proper person to be taken charge of and detained under care and treatment,
hereby direct you to receive the said A. B. into your asylum.
(Sd. ) C.D.
(Designation as above)
Dated
the
To the Officer in charge of the asylum at
FORM 6
Same
when sent to a licensed asylum
I,
C.D., as above down to " care and treatment" and being satisfied with
the engagement entered into in writing by G. H. of here insert address and
description who has desired that the said
A.
B. may be sent to the asylum at here insert
description of asylum and name of the person in charge} to pay the cost of
maintenance of the said A.B., in the said asylum, hereby authorize you to
receive the said A. B, into your asylum.
(Sd. ) C.D.
(Designation as above)
Dated
the
To
the person in charge of the asylum at
FORM 7
Bond
on the making over of a lunatic to the care of relative or friend (See sections
14, 15, 17)
Whereas
A. B., son
of
, inhabitant of has been brought up before C.D., the District /
Subdivision Magistrate
of
, or a Magistrate of the first class specially empowered under Act IV of 1912
and is a lunatic who is believed to be dangerous of deemed to be a lunatic who
is not under proper care and control or is cruelly treated or neglected
by the person having the charge of him and whereas I, E.F., son
of , inhabitant
of
, have applied to the Magistrate 3 , that the said A. B. may
be delivered to my care :
I,
E.F., above named hereby bind myself that on the said A. B. being made over to
my care, 1 will have the said A. B. properly taken care of and prevented from
doing injury to himself or to others : and in case of my making default
therein, I hereby bind myself to forfeit to 4the President 5!;s
:;;, the sum of rupees
Dated
this day
of 19 .
(Sd. ) E.F.
(Where
a bond with sureties is to be executed add)—We do hereby declare ourselves
sureties for the above named E.F. that lie will, the aforesaid A.B. being
made over to his care, have the said A.B. properly taken care of and prevented
from doing injury to himself or to others; and in case of the said E.F. making
default therein, we bind ourselves, jointly and severally, to forfeit to the
President the sum of rupees . Dated this day
of 19 .
(Signature)
FORM 8
Bond on the discharge or temporary
release of a lunatic from an asylum on the undertaking of relative or friend to
take due care.
(See section 33 or
section 33A)
Whereas
A. B., son of ,
inhabitant of , is a
lunatic who is now detained in the asylum
at under an order made
by C. D., the District/ subdivision Magistrate
of
, or a Magistrate of the first class specially empowered under Act IV of
1912 under section 14 or section 15 of Act IV of 1912, and whereas I.E.F., son
of
, inhabitant
of , have
applied to the said Magistrate 6 that the said A. B. may
be delivered to my care and custody :
I
hereby bind myself that on the said A.B. being made over to my care and
custody, I will have him properly taken care of and prevented from doing injury
to himself or to others (and in case of temporary release under section 33A
add) and taken back to the asylum on the expiry of the period of his release or
in the event of his becoming unmanageable or dangerous and unfit to be at large
; and in case of my making default therein, I hereby bind myself to forfeit to
the President 2 , the sum of rupees
Dated
this day
of 19 .
(Sd. ) E.F.
(Where
a bond with sureties is to be executed add)—We do hereby declare ourselves
sureties for the above named E.F. that he will, on the aforesaid A. B. being
delivered to his care and custody, have the said A.B. properly taken care of
and prevented from doing injury to himself or to others (and in case of
temporary release under section 33/4 add) and taken back to the asylum on the
expiry of the period of his release or in the event of his becoming
unmanageable or dangerous and unfit to be at large ; and in case of the
said E.F. making default therein, we bind ourselves, jointly and severally, to
forfeit to 2the President , the sum of rupees
Dated
this day
of 19
(Signature)
SCHEDULE II
ENACTMENT’S
REPEALED. Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914),
s. 3 and Schedule II.
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