Section 62E in The Mumbai Municipal Corporation Act, 1888
62E. [ Corporation to provide for maintenance of lunatics. [The new section 62E was inserted by Bombay 1 of 1905, Section 16.]
- [(1)] The corporation shall make payments at such rates per head as [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] from time to time by general or special order, prescribe, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city which [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement and order under Chapter XXXIV of the [Code of Criminal Procedure, 1898] [See now the Code of Criminal Procedure, 1973 (2 of 1974).], is in fore, 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:[Provided also that where an application is made to the High Court under the provisions of section 88 of the Indian Lunacy Act, 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] [This proviso was inserted by Bombay 76 of 1948, Section 4(1).]:Provided further that the rates prescribed by [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] 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 maintenance and treatment the corporation shall be liable under this section.(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 the asylum, hospital or house and shall furnish a copy thereof to the corporation.] [This sub-section was inserted by Bombay 76 of 1948, Section 4(2).]]
