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Union of India - Section
Section 33 in Indian Lunacy Act, 1912
33. Order of discharge on undertaking of relative for doe care of the lunatic.
- When any relative or friend of a lunatic detained in any asylum under the provisions of Sees. 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.| Bombay Amendment.- After Section 33, the following Section 33-A has been added by Bombay Act XV of 1938 3"33A. Temporary release of lunatics.- (I) When any relative or friend a lunatic detained in any asylum under the provisions of Section 7, or 17 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 shall make an order for the temporary release of such lunatic for a period not exceeding sixty days, unless for any reason, he considers that such release is undesirable 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 any asylum that such petitioner refuses, without sufficient reasons, to accord such consent, 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 an asylum under Section 7, 10, 14, 15 or 17 on any ground other than 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 may 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 retaken 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 either (a) as a result of investigations conducted by the person in charge of the asylum concerned, or(6) on receipt of a certificate signed by a medical practitioner that the person may with safety be discharged."Madras Amendment.- After Section 33, the following Section 33-A has been added by Madras Act XV of 1938 as amended by Madras Act 12 of 1943 ;"33A. Temporary order of discharge of lunatic in interests of his health.- If the person in charge of any asylum in which a lunatic is detained under the provisions of Sees 14, 15 or 17 is satisfied that in the interests of the in-health of the lunatic, it is necessary to discharge him temporarily, the person aforesaid may order such discharge for such period, as he may think fit, and subject to such conditions as the State Government may by rule prescribe." |