Jammu and Kashmir Lunacy Act, 1977 (1920 A. D.)

No: 25 Dated: Apr, 01 1978

THE LUNACY ACT, (1920 A. D.)

(Act No. XXV of Svt. 1977)

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 1

Preliminary

CHAPTER 1

1. Short title, extent and commencement.– (1) This Act may be Called as the Jammu and Kashmir Lunacy Act, 1977.

(2) It extends to the whole of the Jammu and Kashmir state.

(3) It shall come into force at once.

2. Savings. - Nothing contained in part II shall be deemed to effect the powers of the 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,-

(i) "asylum" means as asylum for lunatics established or licensed by Government;

(ii) "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;

(iii) "District Court" means the Principal Civil Court of original jurisdiction in any area;

(iv) "Criminal Lunatic" means any person for whose in or removal from 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, or section 30 of the Prisoners Act;

(v) "Lunatic" means an idiot or person of unsound mind;

(vi) " Magistrate" means a District Magistrate or sub-divisional Magistrate or a Magistrate of first class specially empowered by the Government to perform the functions of a Magistrate under this Act;

(vii) "Medical Officer" means a Gazetted medical officer of Government and includes a Medical practitioner declared by special order of the Government to be a medical officer for the purpose of this Act;

(viii) "Medical Practitioner" means a holder of qualification to practice medicine and surgery which can be registered the United Kingdom in accordance with the law for the time being in force;

(ix) "prescribed" means prescribed by this Act or by rules made thereunder;

(x) "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;

(xi) "relative" means any person related by blood, marriage or adoption; and

(xii) "rule" means a rule made under this Act.