State Act

The Mumbai Municipal Corporation Act.

4[62E. Corporation to provide for maintenance of lunatics.— 5[(1) The corporation shall make payments at such rates per head as 6[the 7[State] Government] from time to time by general or special order, prescribed, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city which 8[the 9[State] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement an order under Chapter XXXIV of the 10Code of Criminal Procedure, 1898 (V of 1898), is in force, resident within or under any enactment for the time being in force removed from, the city: Provided that the corporation shall not be liable under this section for the maintenance and treatment of any lunatic in any such asylum, hospital or house as aforesaid, unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year: 11[Provided also that where an application is made to the High Court under the provisions of section 88 of the Indian Lunacy Act, 1912 (IV of 1912), no order for the payment of the cost of maintenance of the lunatic by the corporation shall be made without an opportunity being given to the corporation to show that the lunatic is not pauper and has an estate applicable to his maintenance or that there is a person legally bound, and having the means to maintain him]: Provided further that the rates prescribed by 12[the 13[State] Government] under this section shall not exceed half the total cost of maintenance and treatment incurred per head on account of the lunatics for whose maintenace and treatment the corporation shall be liable under this section. 14[(2) The officer-in-charge of an asylum, hospital or house to which lunatics for whose maintenance and treatment the corporation are liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of such persons detained in asylum, hospital or, house and shall furnish a copy thereof to the corporation.]