The Lunacy Act, 1912
( 1912 সনের IV নং আইন )
[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:-
I
PRELIMINARY
I
1. Short title and extent
1. (1) This Act may be called the Lunacy Act, 1912.
(2) It extends to the whole of Bangladesh.
2. Savings
2. Nothing contained in Part II shall be deemed to affect the powers of
১[
the High Court Division], 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
3. 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 the 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 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,
২[
* * *] or of section 130 of the
৩[
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 Government to perform the functions of a Magistrate under this Act:
(7) “medical officer” means a gazetted medical officer in the service of the
৪[
Republic], and includes a medical practitioner declared by general or special order of the Government to be a medical officer for the purposes of this Act:
(8) “medical practitioner” means a holder of a qualification to practise medicine and surgery which can be registered in the United Kingdom 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 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.
II
RECEPTION, CARE AND TREATMENT OF LUNATICS
II
RECEPTION OF LUNATICS
4. Reception of persons in asylum
4. (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 4A, 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.
৫[
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 recommend-dation 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 medial 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.]
5. Application for reception order
5. (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 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
6. (1) 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 Bangladesh 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
7. (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
8. 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.
9. 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
10. (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
11. 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.
৬[
11A. (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 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.]
11B. Reception order in case of lunatics from foreign States in Bangladesh
৭[
11B.] (1) When an arrangement has been made with any foreign
৮[
* * *] State with respect to the reception of lunatics in asylums in Bangladesh the Government may, by notification in the official Gazette, direct that reception orders may be made under this Act in the case of any lunatic or class of lunatics residing in
৯[
* * *] in Bangladesh of such foreign
১০[
* * *] State, and shall in such notification specify the
১১[
place] within which such reception orders may be made.
(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 Government in this behalf;
(b) the functions of the magistrate shall be performed by such officer as the 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 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, 11A and 34 of the Act, shall not apply, and with such other modifications, restrictions or adaptations as the 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.
12. Reception order in case of a Foreigner lunatic soldier, sailor or airman
12. When any
১২[
foreigner] who is subject to the provisions of the Army Act
১৩[
1952, or the Navy Ordinance, 1961, or the] Air Force Act, 1953 has been declared a lunatic in accordance with the provisions of the military, naval or air force regulations in force for the time being, and it appears to any administrative medical officer that he should be removed to an asylum, such administrative medical officer may, if he thinks fit, make a reception order under his hand for the admission of the said lunatic into any asylum which has been duly authorised for the purpose by the Government.
13. Powers and duties of police in respect of wandering or dangerous lunatics and lunatics cruelly treated or not under proper care and control
13. (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 of 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
14. 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, he 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
15. (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 wilfully 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
16. (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. [Omitted]
17.
১৪[
Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]
18. Medical certificates
18. (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 other; 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 framed 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
19. (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 certificates 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
20. 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
21. 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. [Omitted]
22.
১৫[
Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).]
23. Detention of lunatics pending removal to asylum
23. 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.
24. Reception and detention of criminal lunatics
24. An order under section 466 or section 471 of the Code of Criminal Procedure, 1898, or under section 30 of the Prisoners Act, 1900
১৬[
* * *] or under the provisions of section 130 of the
১৭[
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 such asylum or in any other asylum to which he may be lawfully transferred.
25. Reception after inquisition
25. 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
26. (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.
27. Amendment of order or certificate
27. 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 whom shall be a medical officer.
III
CARE AND TREATMENT
28. Appointment of Visitors
28. (1) The 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
29. 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
30. (1) When any person is detained under the provisions of section 466 or section 471 of the Code of Criminal Procedure, 1898
১৮[
* * *] or under the provisions of section 130 of the
১৯[
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 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).
31. Order of discharge from asylum by visitors
31. (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 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 lunatic in other cases and of European military lunatics
32. (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.
(2) A person detained in an asylum under a reception order made under section 12 shall be detained therein until he is discharged therefrom in accordance with the military, naval or air force regulations in force for the time being, or until the officer making the order applies his transfer to the military, naval or air force authorities in view to his removal to
২০[
the country of which he is a national.]
(3) Whenever it appears to the officer in charge of an asylum that the discharge of a person therein detained under an order made under section 12 is necessary either on account of his recovery, or for any other purpose, such person shall be brought before the visitors of the asylum, and on the visitors recording their opinion that the discharge should be made, the General or other Officer Commanding the division, district, brigade, or force, or other officer authorised to order the admission of such persons into an asylum, shall forthwith direct him to be discharged, and such discharge shall take place in accordance with the military, naval or air force regulations in force for the time being.
33. Order of discharge on undertaking of relative for due care of the lunatic
33. 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
২১[
33A. (1) When any relative or friend of a lunatic detained in any asylum under the provisions of sections 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 enquiry 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 sub-section (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 sub-section (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 re-taken 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 in to 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
34. 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 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.
35. Removal of lunatics and criminal lunatics
35. (1) Any lunatic may, in accordance with any general or special order of the Government, be removed from any Government asylum to any other asylum
২২[
* * *]:
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 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,
২৩[
* * *] or under section 130 of the
২৪[
Army Act, 1952] from the place where he is from the time being detained to any asylum, jail or other place of safe custody
২৫[
* * *].
36. Order to justify detention and re-capture after escape
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.
IV
[Omitted]
২৬[
Omitted by Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]
III
Judicial Inquisition as to Lunacy
62. Power of District Court to institute inquisition as to persons alleged to be lunatic
62. 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
63. (1) Application for such inquisition may be made by any relative of the alleged lunatic or by any public Curator appointed under the
২৭[
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
২৮[
* * *] 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 proceedings of District Courts
64. The provisions of sections 40, 41 and 42 shall regulate the proceedings of the District Court with regard to the matters to which they relate.
65. Inquisition by District Court and finding thereon
65. (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
66. (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.
67. Custody of lunatics and management of their estate
67. (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
68. 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
69. (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 be 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
70. 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 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
71. (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
২৯[
High Court Division] 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 appointment of legal heir of lunatic to be guardian of his person
72. The legal heir of a lunatic shall not be appointed to be the guardian of the person of such lunatic unless the Court or the Collector, as the case may be, for reasons to be recorded in writing, considers that such an appointment is for the benefit of the lunatic
73. Remuneration of managers and guardians
73. A 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
74. (1) The person appointed to be guardian of a lunatic's 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
75. (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
76. (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, a 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. Proceedings if accuracy of inventory or account is impugned
77. 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
78. 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
79. 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 person 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
80. (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 fit 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
81. The District Court may impose a fine not exceeding five hundred taka on any manager of the estate of a lunatic who wilfully 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
82. (1) When any person has been found under this Chapter 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 terms and conditions as to the Court may seem fit.
83. Appeals
83. An appeal shall lie to the
৩০[
High Court Division] from any order made by a District Court, under this Chapter.
IV
MISCELLANEOUS
VI
ESTABLISHMENT OF ASYLUMS
84. 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.
84A. Power to cancel license if provision for curative treatment is insufficient
৩১[
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.]
85. [Omitted]
85.
৩২[
Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).]
VII
EXPENSES OF LUNATICS
86. 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.
87. 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.
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
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.
89. 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.
89A. Fixation of cost of maintenance
৩৩[
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
৩৪[
the Government] is liable, charges may be included on account of the upkeep of the asylum and of the capital cost of establishment thereof.]
৩৫[
* * *]
89B. [Omitted]
89B.
৩৬[
Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).]
90. 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.
VIII
RULES
91. 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
৩৭[
* * *] 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.
92. 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.
IX
SUPPLEMENTAL PROVISIONS
93. 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.
94. 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.
95. 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
৩৮[
* * *] shall be discharged of all liability in respect of any amounts paid in accordance with this section.
96. 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.
97. 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.
98. [Omitted]
98.
৩৯[
Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).]
99. [Omitted]
99.
৪০[
Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).]
100. [Omitted]
100.
৪১[
Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).]
100A. [Omitted]
100A.
৪২[
Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order 1949.]
101. [Repealed]
101.
৪৩[
Repealed by section 3 and Schedule II of Second Repealing and Amending Act, 1914 (Act No. XVII of 1914).]
