Amendment status not verified — confirm the current text below against the official source.
Order of Court and enforcement.—(1) The Court shall inquire into the matter in a summary way, and on being satisfied that such lunatic has an estate applicable to his maintenance, or that any person is legally bound to maintain and has the means of maintaining such lunatic, may make an order for the recovery of the cost of maintenance of such lunatic, together with the costs of the application out of such estate or from such person. (2) Such order shal be enforced in the same manner, and shall be of the same force and effect and subject to the same appeal as a decree made by the said Court in a suit in respect of the property or person therein mentioned. Bombay Amendment.—-In Sec. 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 Sec. 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." 31 89-A. Fixation of costs of maintenance.—(1) In computing the amount payable on account of the costs of maintenance of lunatic detained in any asylum for the cost of whose maintenance any State Government is liable, charges may be included on account of the upkeep of the asylum of the capital cost of establishment thereof. (2) In the case of any such lunatic under detention immediately before the commencement of Part III of the Government of India Act, 1935 (26 Geo. 5 c. 2), the amount payable by [State] Government on account of the cost of his maintenance shall be determined in accordance with any general or special orders of the [President-in- Council] in force immediately before that date and applicable to his case. 1[89-B. Incidence of costs of maintenance payable by Government.-(1) When under the provisions of this Act the cost of the maintenance of a lunatic is payable by the Government, then such cost shall be payable— (a) in the case of a lunatic not domiciled in 2[India] by the State Government of the State in which the reception order or the order under Sec. 25, as the case may be, was made ; and (b) in the case of a lunatic domiciled in "[India], by the State Government of the State in which the lunatic has last resided for a period of five years before the reception order or the order under Sec. 25, as the case may, be, was made; or, if the lunatic has not been resident in any one State for such period, by the State Government of the State in which such order was made. * * *