(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 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 the person in charge
of the asylum notice in writing of his desire to leave such asylum. STATE AMENDMENTS Tamil Nadu - [1] [In sub-section (1)
of section 4 of the Indian Lunacy Act, 1912(Central Act IV of 1912), for the words and figures
"save as provided by sections 8, 16 and 98", the words, figures and
letter " save as provided by sections 8, 16 and 98 of this Act and by section 39-A of the
Prisons Act,
1894(Central Act IX of
1894) " shall be substituted.] When any relative or friend of a
lunatic detained in any asylum under the provisions of Sees. 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. [STATE
AMENDMENTS [Tamil Nadu [2] [After Section
33 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 section 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 [3] [State]
Government may by rule prescribe.".] [4] [After Section
33 The word and figures " section
14," the word and figures "sections 7, 10, 14," shall be
substituted.] If a lunatic detained in an asylum on a
reception order made under Sec. 14, Sec. 15 or Sec. 17 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 made 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 High Court or 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. [STATE
AMENDMENTS [Tamil Nadu [5] [In Section 88 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.] [6] [In Section 88 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 person ", 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 dependants, if any, of the
lunatic.".]]] (1) [* * * *] The State Government may make
rules for all or any of the following purposes, namely 5 (a) to prescribe forms for any proceeding
under this Act other
than a proceeding before a High Court [* * *]; (b) to prescribe places
of detention and regulate the care and treatment of persons detained under Sec.
8 or Sec. 16 ; (c) to regulate the
detention, 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 allowed by District Courts and Magistrate before a lunatic is
sent to any asylum established by Government; (g) to prescribe the
Government asylums within the State to which lunatics from any area or any
class of lunatics shall be sent; (h) to prescribe conditions subject to
which asylum may be licensed ; (i) save as otherwise
provided in this Act,
generally to carry into effect the provisions of the Act. [STATE
AMENDMENTS [Tamil Nadu [7] [In Section
91 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,".] [1]
Substituted vide
Prisons And Indian Lunacy (Madras Amendment) Act, 1938. [2]
Inserted
by Indian Lunacy (Madras Amendment) Act, 1938 (Act No. 15 of 1938). [3]
Inserted
by Indian Lunacy (Madras Amendment) Act, 1938 (Act No. 15 of 1938). [4]
Substituted
by Indian Lunacy (Madras Amendment) Act, 1943 (Act No. 12 of 1943). [5]
Substituted
by Indian Lunacy (Madras Amendment) Act, 1938 (Act No. 15 of 1938). [6]
Substituted
by Indian Lunacy (Madras Amendment) Act, 1938 (Act No. 15 of 1938). [7]
Inserted
by Indian Lunacy (Madras Amendment) Act, 1938 (Act No. 15 of 1938).INDIAN LUNACY ACT, 1912 [REPEALED] (TAMIL NADU AMENDMENT)