Amendment status not verified — confirm the current text below against the official source.
Further provisions as to reception orders on petition.—No reception order shall be made under section 7 or section 10, save -in the case of a lunatic who is dangerous and unfit to be at large, unless— (a) the Magistrate is satisfied that the person in charge of an asylum is willing to receive the lunatic, and (b) the petitioner or some other person engages in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the lunatic. 1[11-A. Power to appoint substitute for the person upon whose application a reception order has been made.—(1) The Magistrate may, subject to the provisions of this section, by order in writing (hereinafter referred to as an order of substitution), transfer the duties and responsibilities under this Act of the person on whose petition a reception order has been made to any other person who is willing to undertake the same, and such other person shall thereupon be deemed for the purposes of this Act to be the person on whose petition the reception order was made, and all references in this Act to such last-mentioned person shall be construed accordingly: 1 Ins. by Act 2 of 1926. 5 Provided that no such order of substitution shall release the person upon whose petition the reception order was made or, if he is dead, his legal representative from any liability incurred before the order of substitution was made. (2) Before making any order of substitution, the Magistrate shall send a notice to the person upon whose petition the reception order was made, if he is alive, and to any relative of the lunatic to whom, in the opinion of the Magistrate notice should be given ; the notice shall specify the name of the person in whose favour it is proposed to make such order and the date, which shall be not less than twenty days from the sending of the notice, upon which any objection to the making of the order will be considered. (3) On such date .or any subsequent date to which the proceeding may be adjourned, the Magistrate shall consider any objection made by any person to whom notice has been sent, or by any other relative of the lunatic, and shall receive all such evidence as may be produced by or on behalf of any of such persons and such further evidence, if any, as the Magistrate thinks necessary, and may thereafter make or refrain from making an order of substitution : Provided that, if the person on whose petition the reception order was made is dead and any other person is willing and, in the opinion of the Magistrate, fitted to undertake the duties and responsibilities under this Act of such first-mentioned person, the Magistrate shall make such an order. (4) If in proceedings under this section any question arises as to the person to whom the duties and responsibilities under this Act of a person upon whose petition a reception order has been made shall be entrusted, the Magistrate shall give performance to the person who is the nearest relative of the lunatic, unless, for reasons to be recorded in writing, the Magistrate considers that such preference would not be in the interests of the lunatic. (5) The Magistrate may make such order for the payment of the costs of an enquiry under this section by any person who is a party thereto or out of the estate of the lunatic, as he thinks fit. (6) Any notice under sub-section (2) may be sent by post to the last known address of the person of whom it is intended,] 1[11-B]. Reception order in case of lunatics from foreign States in India.— 1) When an arrangement has been made with any foreign European State with respect to the reception of lunatics in asylums in 2[India], the 3[Central Government] may, by notification in the s[official Gazette], direct that reception orders may be made under this 6 Act in the case of any lunatic or class of lunatics residing in the territories in India of such foreign European State, and shall in such notification specify the 4[State or States] within which such reception orders may be made. (2) On publication of a notification under sub-section (1), the provisions of this Act as to the making of reception orders on petition and for temporary detention in suitable custody shall apply in the case of such lunatics, with the following modifications, namely: (a) any application for reception order may be made by petition presented by such officer or agent of the foreign State in which the alleged lunatic ordinarily resides, as may by general or special order be approved by the 4[State Government] in this behalf ; (b) the functions of the Magistrate shall be performed by such officer as the 4[State Government] may, by general or special order, appoint in this behalf, and such officer shall be deemed to be the Magistrate having jurisdiction over the alleged lunatic for all the purposes of the said provisions; (c) for the purposes of Sees. 5 and 18(1), the expressions "medical officer" and "medical practitioner" shall include such person or class of persons as the 4[State Government] may specify in this behalf; (d) the Magistrate may in his discretion extend the period prescribed by Sec. 19 within which the alleged lunatic must have been medically examined; and (e) sections 6 (1), (2), (3), 11, A[ll-A] and 34 of the Act, shall not apply and with such other modifications, restrictions or adaptations as the 2[Central Government] may, by notification in the 2 [official Gazette], direct for the purpose of facilitating the application of the said provisions. (3) A reception order made under this section shall be deemed to be a reception order made under Sec. 7 or Sec. 10, as the case may be. Reception Order otherwise than on Petition