Vidhi Codex

LUNACY ACT, 1977 (19U) A. D

The Jammu and Kashmir Lunacy Act, 1920

General197774 sections

This Act governs the reception, detention and care of persons of unsound mind in asylums in Jammu and Kashmir. It sets out who can apply for a reception order, how a magistrate inquires into the petition, and when a person can be detained pending inquiry. It also covers the police's duties towards wandering or dangerous persons of unsound mind.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement
  2. 2. Savings
  3. 3. Definitions
  4. 4. Reception of persons in asylum
  5. 5. Application for reception order
  6. 6. Application by whom to be presented
  7. 7. Procedure upon petition for reception order
  8. 8. Detention of alleged lunatic pending inquiry
  9. 9. Consideration of petition
  10. 10. Order
  11. 11. Further provisions as to reception orders on petition
  12. 11A. Power to appoint substitute for the person upon whose application a reception order has been made
  13. 12. Omitted
  14. 13. Powers and duties of police in respect of wandering or dangerous lunatics and lunatics cruelly treated or not under proper care and control
  15. 14. Reception order in case of wandering and dangerous lunatics
  16. 15. Order in case of lunatic cruelly treated or not under proper care and control
  17. 16. Detention of alleged lunatic pending report by medical officer
  18. 17. Omitted
  19. 18. Medical certificates
  20. 19. Time and manner of medical examination of lunatics
  21. 20. Authority for reception
  22. 21. Copy of reception order to be sent to person in charge of asylum
  23. 22. Omitted
  24. 23. Detention of lunatics pending removal to asylum
  25. 24. Reception and detention of criminal lunatics
  26. 25. Reception after inquisition
  27. 26. Order for payment of cost of maintenance of lunatic
  28. 27. Amendment of order or certificate
  29. 28. Appointment of visitors
  30. 29. Monthly inspection by visitors
  31. 30. Inspection of criminal lunatic by Minister or visitors
  32. 31. Order of discharge from asylum by visitors
  33. 32. Discharge of lunatics in other cases
  34. 33. Order of discharge on undertaking of relative for due care of the lunatic
  35. 34. Discharge of person subsequently found on inquisition not to be of unsound mind
  36. 35. Removal of lunatics and criminal lunatics
  37. 36. Order to justify detention and re-capture after escape
  38. 62. Power of District Court to institute inquisition as to persons alleged to be lunatic
  39. 63. Application by whom to be made
  40. 64. Regulation of proceedings of District Courts
  41. 65. Inquisition by District Court and finding thereon
  42. 66. Inquisition by subordinate Court on commission issued by District Court, and proceedings thereon
  43. 67. Custody of lunatics and management of their estates
  44. 68. Court of Wards to be authorised in certain cases to take charge of estate of lunatic
  45. 69. Power to direct Collector to take charge of person and estate of lunatic in certain cases
  46. 70. Control over proceedings of Collector
  47. 71. Power of District Court to appoint guardian and manager and take security from manager
  48. 72. Restriction on appointment of legal heir of lunatic to be guardian of his person
  49. 73. Remuneration of managers and guardians
  50. 74. Duties of guardian
  51. 75. Powers of manager
  52. 76. Manager to furnish inventory and annual accounts
  53. 77. Proceedings if accuracy of inventory or accounts is impugned
  54. 78. Payment into public treasury and investment of proceeds of estate
  55. 79. Relative may sue for an account
  56. 80. Removal of managers and guardians
  57. 81. Penalty on manager for refusing to deliver accounts or property
  58. 82. Proceedings in lunacy to cease or to be set aside if Court finds that the unsoundness of mind has ceased
  59. 83. Appeals
  60. 84. Government may establish or license the establishment of asylums
  61. 85. Omitted
  62. 86. Payment of cost of maintenance in licensed asylums in certain cases by Government
  63. 87. Application of property in the possession of a lunatic found wandering
  64. 88. Application to Civil Court for order for the payment of cost of maintenance out of the lunatics estate, or by person bound to maintain him
  65. 89. Order of Court and enforcement thereof
  66. 90. Saving of liability of relatives to maintain lunatic
  67. 91. Power of the Government to make rules
  68. 92. Publication of rules
  69. 93. Penalty for improper reception or detention of lunatic
  70. 94. Provision as to bounds
  71. 95. Pension of lunatic payable by Government
  72. 96. Use of forms in Schedule
  73. 97. Protection to persons acting under Act
  74. I. FORMS

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