Mental Treatment Act, 1945

• Permanent Page URL

Pension, etc., on receiving injuries attributable to duties or contracting illness in discharge of duties.

71.—(1) Where—

(a) an officer or servant of a mental hospital authority is injured, otherwise than through his own misconduct, while discharging his duties, and

(b) the injury is directly attributable to the nature of his duties, and

(c) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the injury for performing his duties, and

(d) he has been in the service of a mental hospital authority for less than ten years,

the mental hospital authority in whose service he is injured may, in their discretion, but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such annual allowance and lump sum as in all the circumstances of the case they consider proper.

(2) A mental hospital authority, in determining the amounts of the annual allowance and lump sum to be granted under sub-section (1) of this section to an injured officer or servant shall have regard, in particular, to any payment made or to be made by the authority in relation to any claim by such officer or servant otherwise than under this Part of this Act in respect of his injury.

(3) Where—

(a) an officer or servant of a mental hospital authority, whose name is entered in the register maintained under this Part of this Act by such authority, contracts, otherwise than through his own misconduct or negligence, any physical or mental illness in the service of such authority, and

(b) he is certified by the appropriate medical officer to be permanently incapacitated by reason of the illness for performing his duties, and

(c) he has been in the service of a mental hospital authority for five years or longer and less than ten years,

the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and the provisions of this Part of this Act, grant to him such allowance and lump sum as in all the circumstances of the case they consider proper.

(4) The amount of an allowance or lump sum granted under sub-section (3) of this section shall not exceed the amount which would be appropriate if it were being granted under section 67 of this Act on the basis of the grantee having twice the number of his actual completed years of service.