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The Lunacy Act, 1912

( ACT NO. IV OF 1912 )

[ 16th March, 1912 ]

এই আইন মানসিক স্বাস্থ্য আইন, ২০১৮ (২০১৮ সনের ৬০ নং আইন) দ্বারা রহিত করা হইয়াছে।

Part IV

MISCELLANEOUS

Chapter VI

ESTABLISHMENT OF ASYLUMS

Government may establish or license the establishment of asylums
84. The 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.
Power to cancel license if provision for curative treatment is insufficient
1[84A. If in any licensed asylum no provision for curative treatment has been made, or the Government considers that the provision made is insufficient, the 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 Government may revoke the licence.]
[Omitted]
85. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

Chapter VII

EXPENSES OF LUNATICS

Payment of cost of maintenance in licensed asylums in certain cases by Government
86. (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.
 
 
(2) The paymaster of the military circle within which any asylum is situated shall pay to the officer in charge of such asylum the cost of maintenance of every lunatic received and detained therein under an order made under section 12.
Application of property in the possession of a lunatic found wandering
87. 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.
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
88. 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 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 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.
Order of Court and enforcement therefore
89. (1) 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.
Fixation of cost of maintenance
2[89A. (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 3[the Government] is liable, charges may be included on account of the upkeep of the asylum and of the capital cost of establishment thereof.]
 
 
4[* * *]
[Omitted]
89B. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Savings of liability of relatives to maintain lunatic
90. 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

Power of Government to make rules
91. (1) The 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 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 followed by District Courts and Magistrates before a lunatic is sent to any asylum established by Government;
 
 
(g) to prescribe the Government asylums 5[* * *] 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 Government may direct that a breach of it shall be punishable with fine which may extend to fifty taka.
Publication of rules
92. 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

Penalty for improper reception or detention of lunatic
93. 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.
Provision as to bonds
94. 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.
Pension of lunatic payable by Government
95. (1) When any sum is payable in respect of pay, pension, gratuity, or other similar allowance to any person by the Government and 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 lunatic's family as are dependent on him for maintenance.
 
 
(2) The Government 6[* * *] shall be discharged of all liability in respect of any amounts paid in accordance with this section.
Use of forms in Schedule
96. 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.
Protection to persons acting under Act
97. 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.
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs
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