Mental Treatment Act, 1961
|
FIRST SCHEDULE Amendments of Local Government (Superannuation) act, 1956. | ||
1. In the definition of “local authority” in section 2 “including a mental hospital authority” shall be substituted for “other than a mental hospital board”. | ||
2. In the definition of “officer” in section 2 “a mental hospital officer or” shall be deleted. | ||
3. In the definition of “servant” in section 2 “but does not include a mental hospital servant” shall be deleted. | ||
4. The following words shall be added to subsection (1) of section 5: “and shall come into operation in relation to a mental hospital authority on the commencement of section 41 of the Mental Treatment Act, 1961”. | ||
5. In subsection (2) of section 5 “or a mental hospital authority” shall be inserted after “1948”. | ||
6. The following subsection shall be added to section 7: | ||
“(5) (a) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , the authority shall enter his name in the register as from such commencement. | ||
(b) It shall be the duty of a mental hospital authority to complete the entries in the register consequent upon this subsection (apart from entries made as a result of appeals under paragraph (c) of this subsection) within six months after the commencement of section 41 of the Mental Treatment Act, 1961. | ||
(c) Subsection (3) of this section shall not apply where a person is aggrieved by the refusal of or failure by a mental hospital authority to enter consequent upon this subsection his name in the register, but such person, in lieu of appealing under that subsection, may, within twelve months after the commencement of section 41 of the Mental Treatment Act, 1961, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct the name to be entered in the register as from such commencement and, in the latter case, the authority shall enter the name in the register as from such commencement. | ||
(d) Where an officer of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , such officer may, within twelve months after such commencement, signify in writing to the authority that he opts that paragraph (a) of this subsection is not to apply in relation to him, and thereupon— | ||
(i) paragraph (a) of this subsection shall be deemed never to have applied in relation to him, and | ||
(ii) if at any time after such commencement he becomes a mental hospital officer and subsection (2) of this section would, apart from this subparagraph, then apply in relation to him, that subsection shall not apply if the time when he becomes a mental hospital officer is in the period of his continuous service as a mental hospital officer beginning on such commencement. | ||
(e) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 , and was for the purposes of that Act an officer of the first class, the provisions of sections 77 , 78 and 79 of the Mental Treatment Act, 1945 , shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act. | ||
(f) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, subject, by virtue of section 64 of the Mental Treatment Act, 1945 , to the Asylum Officers' Superannuation Act, 1909 , he shall, as from such commencement, cease to be subject to that Act. | ||
(g) Where the name of a person, other than a person to whom paragraph (f) of this subsection applies, is entered by a mental hospital authority in the register and either— | ||
(i) the entry is under this subsection, or | ||
(ii) the entry being made otherwise than under this subsection, it is made as from the expiration of a continuous period of such person's being a mental hospital servant which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 30 of this Act, | ||
the following provisions shall have effect: | ||
(I) none of the following sections, that is to say, sections 66 , 67 , 68 , 69 , 70 , 71 , 72 , 76 , 85 and 86 of the Mental Treatment Act, 1945 , shall apply to him, | ||
(II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save during his continuous period of being a mental hospital officer beginning at the time as from which the mental hospital authority enter his name in the register. | ||
(h) Where, in a case other than a case to which paragraphs (e) or (g) of this subsection applies, the name of a person is entered otherwise than under this subsection by a mental hospital authority in the register, Part VIII of the Mental Treatment Act, 1945 , other than section 65 of that Act, shall not apply to such person.” | ||
7. In subsection (2) of section 12 “or whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ”, shall be inserted after “fire brigade officer”. | ||
8. In subparagraph (ii) of paragraph (a) of subsection (2) of section 15 “or his name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ” shall be inserted after “fire brigade officer”. | ||
9. The following subsection shall be added to section 23: | ||
“(4) (a) In the case of a person whose name is entered under subsection (5) of section 7 of this Act by a mental hospital authority in the register, the reference to five per cent. in subsection (1) of this section shall, until the expiration of his continuous period of being an officer of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961, be construed as a reference to three per cent. | ||
(b) In the case of a person whose name is entered otherwise than under subsection (5) of section 7 of this Act by a mental hospital authority in the register as from the expiration of a continuous period of such person's being a mental hospital servant which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 30 of this Act, the reference to five per cent, in subsection (1) of this section shall, until the expiration of his continuous period of being an officer of a local authority beginning at the time as from which the mental hospital authority enter his name in the register, be construed as a reference to three per cent.” | ||
10. In subsection (1) of section 29 “or the Mental Treatment Act, 1945 ” shall be inserted after“this Act”. | ||
11. The following subsection shall be added to section 30: | ||
“(5) (a) Where a servant of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , the authority shall enter his name in the register as from such commencement. | ||
(b) It shall be the duty of a mental hospital authority to complete the entries in the register consequent upon this subsection (apart from entries made as a result of appeals under paragraph (c) of this subsection) within six months after the commencement of section 41 of the Mental Treatment Act, 1961. | ||
(c) Where a person is aggrieved by the refusal of or failure by a mental hospital authority to enter consequent upon this subsection his name in the register, such person may, within twelve months after the commencement of section 41 of the Mental Treatment Act, 1961, appeal against the refusal or failure to the appropriate Minister and that Minister may either refuse the appeal or direct his name to be entered in the register as from such commencement and, in the latter case, the authority shall enter the name in the register as from such commencement. | ||
(d) Where a servant of a mental hospital authority was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing to the authority under section 85 of the Mental Treatment Act, 1945 , or section 9 of the Asylum Officers' Superannuation Act, 1909 , such servant may, within twelve months after such commencement, signify in writing to the authority that he opts that paragraph (a) of this subsection is not to apply in relation to him, and thereupon— | ||
(i) paragraph (a) of this subsection shall be deemed never to have applied in relation to him, and | ||
(ii) if at any time after such commencement sub section (2) of this section would, apart from this subparagraph, apply in relation to him, that subsection shall not apply if the relevant expiration of a local financial year is in the period of his continuous service as a mental hospital servant beginning on such commencement. | ||
(e) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, contributing under section 9 of the Asylum Officers' Superannuation Act, 1909 , and was for the purposes of that Act a servant of the first class, the provisions of sections 77 , 78 and 79 of the Mental Treatment Act, 1945 , shall, notwithstanding paragraph (a) of subsection (2) of section 64 of that Act, apply to him and, for this purpose, his name shall be deemed to be entered in the register maintained under section 65 of that Act. | ||
(f) Where a person whose name is entered under this subsection by a mental hospital authority in the register was, immediately before the commencement of section 41 of the Mental Treatment Act, 1961, subject, by virtue of section 64 of the Mental Treatment Act, 1945 , to the Asylum Officers' Superannuation Act, 1909 , he shall, as from such commencement, cease to be subject to that Act. | ||
(g) Where the name of a person, other than a person to whom paragraph (f) of this subsection applies, is entered by a mental hospital authority in the register and either— | ||
(i) the entry is under this subsection, or | ||
(ii) the entry being made otherwise than under this subsection, it is made as from the expiration of a continuous period of such person's being a mental hospital officer which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 7 of this Act, | ||
the following provisions shall have effect: | ||
(I) none of the following sections, that is to say, sections 66 , 67 , 68 , 69 , 70 , 71 , 72 , 76 , 85 and 86 of the Mental Treatment Act, 1945 , shall apply to him, | ||
(II) subsection (2) of section 63 and sections 77, 78 and 79 of the said Act shall not apply to him save during his continuous period of being a mental hospital servant beginning at the time as from which the mental hospital authority enter his name in the register. | ||
(h) Where, in a case other than a case to which paragraphs (e) or (g) of this subsection applies, the name of a person is entered otherwise than under this subsection by a mental hospital authority in the register, Part VIII of the Mental Treatment Act, 1945 , other than section 65 of that Act, shall not apply to such person.” | ||
12. In subsection (2) of section 35 “or whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ”, shall be inserted after “fire brigade servant”. | ||
13. In subparagraph (ii) of paragraph (a) of subsection (2) of section 36 “or his name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ” shall be inserted after “fire brigade servant”. | ||
14. The following subsection is hereby added to section 43 : | ||
“(4) (a) In the case of a person whose name is entered under subsection (5) of section 30 of this Act by a mental hospital authority in the register, the reference to four and one-sixth per cent, in subsection (1) of this section shall, until the expiration of his continuous period of being a servant of a local authority beginning on the commencement of section 41 of the Mental Treatment Act, 1961, be construed as a reference to three per cent. | ||
(b) In the case of a person whose name is entered otherwise than under subsection (5) of section 30 of this Act by a mental hospital authority in the register as from the expiration of a continuous period of such person's being a mental hospital officer which began on the commencement of section 41 of the Mental Treatment Act, 1961, and as from the commencement of which such person's name was entered under subsection (5) of section 7 of this Act, the reference to four and one-sixth per cent, in subsection (1) of this section shall, until the expiration of his continuous period of being a servant of a local authority beginning at the time as from which the mental hospital authority enter his name in the register, be construed as a reference to three per cent.” | ||
15. In section 49 “or the Mental Treatment Act, 1945 ” shall be inserted after “this Act”. | ||
16. In paragraph (a) of subsection (2) of section 63 “or a person whose name is entered in a register maintained under section 65 of the Mental Treatment Act, 1945 ” shall be inserted after “fire brigade officer or servant”. |