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[Section 89]
[Entire Act]
Union of India - Subsection
Section 89(2) in Indian Lunacy Act, 1912
| Bombay Amendment.- In Section 89, the following amendments were made by Bombay Act XV of 1938 :(i) In sub-section (1)-(a) after the words"such lunatic"where they occur for the second time, the words"or that any local authority is liable for the cost of maintenance of such lunatic under any law for the time being in force"shall be inserted ;(b) after the words"such person", the words "or from such local authority"shall be added;(c) at the end, the following proviso shall be added, namely :"Provided that no order for the recovery of the cost of maintenance of such lunatic from a local authority shall be made if he has an estate applicable to the maintenance or if there is any person legally bound, and having the means, to maintain him ;"(ii) in sub-section (2), after the word"person", the words "or the local authority"shall be inserted.Madras Amendment.- In Section 89, the following amendment were made by Madras Act XV of 1938 :In sub-section (1), for the words "may make order from such person", the following have been substituted, namely: "may make an order for the recovery of the whole or any portion of the cost of maintenance of such lunatic and of the costs of the application, out of such estate or from such person:Provided that an order directing recovery out of such estate shall be made only after making due allowance for the needs of the wife, children and other dependents, if any, of the lunatic." |