50. Application for judicial inquisition.—(1) Where an alleged mentally ill person is possessed of
property, an application for holding an inquisition into the mental condition of such person may be made
either—
(a) by any of his relatives, or
(b) by a public curator appointed under the Indian Succession Act, 1925 (39 of 1925), or
(c) by the Advocate-General of the State in which the alleged mentally ill person resides, or
(d) where the property of the alleged mentally ill person comprises land or interest in land, or
where the property or part thereof is of such a nature as can lawfully be entrusted for management to
a Court of Wards established under any law for the time being in force in the State, by the Collector
of the District in which such land is situate,
to the District Court within the local limits of whose jurisdiction the alleged mentally ill person resides.
(2) On receipt of an application under sub-section (1), the District Court shall, by personal service or
by such other mode of service as it may deem fit, serve a notice on the alleged mentally ill person to
attend at such place and at such time as may be specified in the notice or shall, in like manner, serve a
notice on the person having the custody of the alleged mentally ill person to produce such person at the
said place and at the said time, for being examined by the District Court or by any other person from
whom the District Court may call for a report concerning the mentally ill person:
Provided that, if the alleged mentally ill person is a woman, who according to the custom prevailing
in the area where she resides or according to the religion to which she belongs, ought not to be compelled
to appear in public, the District Court may cause her to be examined by issuing a commission as provided
in the Code of Civil Procedure, 1908 (5 of 1908).
(3) A copy of the notice under sub-section (2) shall also be served upon the applicant and upon any
relative of the alleged mentally ill person or other person who, in the opinion of the District Court, shall
have notice of judicial inquisition to be held by it.
(4) For the purpose of holding the inquisition applied for, the District Court may appoint two or more
persons to act as assessors.
51. Issues on which finding should be given by District Court after inquisition.—On completion
of the inquisition, the District Court shall record its findings on,—
(i) whether the alleged mentally ill person is in fact mentally ill or not, and
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(ii) where such person is mentally ill, whether he is incapable of taking care of himself and of
managing his property, or incapable of managing his property only.
52. Provision for appointing guardian of mentally ill person and for manager of property.—(1)
Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is
incapable of taking care of himself and of managing his property, it shall make an order for the
appointment of a guardian under section 53 to take care of his person and of a manager under section 54
for the management of his property.
(2) Where the District Court records a finding that the alleged mentally ill person is in fact mentally
ill and is incapable of managing his property but capable of taking care of himself, it shall make an order
under section 54 regarding the management of his property.
(3) Where the District Court records a finding that the alleged mentally ill person is not mentally ill, it
shall dismiss the application.
(4) Where the District Court deems fit, it may appoint under sub-section (1) the same person to be the
guardian and manager.
53. Appointment of guardian of mentally ill person.—(1) Where the mentally ill person is
incapable of taking care of himself, the District Court or, where a direction has been issued
under sub-section (2) of section 54, the Collector of the District, may appoint any suitable person to be his
guardian.
(2) In the discharge of his functions under sub-section (1), the Collector shall be subject to the
supervision and control of the State Government or of any authority appointed by it in that behalf.
54. Appointment of manager for management of property of mentally ill person.—(1) Where the
property of the mentally ill person who is incapable of managing it is such as can be taken charge of by a
Court of Wards under any law for the time being in force, the District Court shall authorise the Court of
Wards to take charge of such property, and thereupon notwithstanding anything contained in such law,
the Court of Wards shall assume the management of such property in accordance with that law.
(2) Where the property of the mentally ill person consists in whole or in part of land or of any interest
in land which cannot be taken charge of by the Court of Wards, the District Court may, after obtaining the
consent of the Collector of the District in which the land is situated, direct the Collector to take charge of
the person and such part of the property or interest therein of mentally ill person as cannot be taken
charge of by the Court of Wards.
(3) where the management of the property of the mentally ill person cannot be entrusted to the Court
of Wards or to the Collector under sub-section (1) or sub-section (2), as the case may be, the District
Court shall appoint any suitable person to be the manager of such property.
55. Appointment of manager by Collector.—Where the property of a mentally ill person has been
entrusted to the Collector by the District Court under sub-section (2) of section 54, he may, subject to the
control of the State Government or of any authority appointed by it in that behalf, appoint any suitable
person for the management of the property of the mentally ill person.
56. Manager of property to execute bond.—Every person who is appointed as the manager of the
property of a mentally ill person by the District Court or by the Collector shall, if so required by the
appointing authority, enter into a bond for such sum, in such form and with such sureties as that authority,
may specify, to account for all receipts from the property of the mentally ill person.
57. Appointment and remuneration of guardians and managers.—(1) No person, who is the legal
heir or a mentally ill person shall be appointed under section 53, 54 or 55 to be the guardian of such
mentally ill person or, as the case may be, the manager of his property unless the District Court or, as the
case may be, the Collector, for reasons to be recorded in writing, considers that such appointment is for
the benefit of the mentally ill person.
(2) The guardian of a mentally ill person or the manager of his property or both appointed under
this Act shall be paid, from out of the property of the mentally ill person, such allowance as the
appointing authority may determine.
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58. Duties of guardian and manager.—(1) Every person appointed as a guardian of a mentally ill
person or manager of his property, or of both, under this Act shall have the care of the mentally ill person
or his property, or of both and be responsible for the maintenance of the mentally ill person and of such
members of his family as are dependent on him.
(2) Where the person appointed as guardian of a mentally ill person is different from the person
appointed as the manager of his property, the manager of his property shall pay to the guardian of the
mentally ill person such allowance as may be fixed by the authority appointing the guardian for the
maintenance of the mentally ill person and of such members of his family as are dependent on him.
59. Powers of manager.—(1) Every manager appointed under this Act shall, subject to the
provisions of this Act, exercise the same powers in regard to the management of the property of the
mentally ill person in respect of which he is appointed as manager, as the mentally ill person would have
exercised as owner of the property had he not been mentally ill, and shall realise all claims due to the
estate of the mentally ill person and pay all debts and discharge all liabilities legally due from that estate:
Provided that the manager shall not mortgage, create any charge on, or, transfer by sale, gift,
exchange or otherwise, any immovable property of the mentally ill person or lease out any such property
for a period exceeding five years, unless he obtains the permission of the District Court in that behalf.
(2) The District Court may, on an application made by the manager, grant him permission to
mortgage, create a charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of
the mentally ill person or to lease out any such property for a period exceeding five years, subject to such
conditions or restrictions as that Court may think fit to impose.
(3) The District Court shall cause notice of every application for permission to be served on any
relative or friend of the mentally ill person and after considering objections, if any, received from the
relative or friend and after making such inquiries as it may deem, necessary, grant or refuse permission
having regard to the interests of the mentally ill person.
60. Manager to furnish inventory and annual accounts.—(1) Every manager appointed under this
Act shall, within a period of six months from the date of his appointment, deliver to the authority, which
appointed him, an inventory of the immovable property belonging to the mentally ill person and of all
assets and other movable property received on behalf of the mentally ill person, together with a statement
of all claims due to and all debts and liabilities due by, such mentally ill person.
(2) Every such manager shall also furnish to the said appointing authority within a period of three
months of the close of every financial year, an account of the property and assets in his charge, the sums
received and disbursed on account of the mentally ill person and the balance remaining with him.
61.Manager’s power to execute conveyances under orders of District Court.—Every manager
appointed under this Act, may in the name and on behalf of the mentally ill person,—
(a) execute all such conveyances and instruments of transfers by way of sale, mortgage or
otherwise of property of the mentally ill person as may be permitted by the District Court; and
(b) subject to the orders of the District Court, exercise all powers vested in that behalf in the
mentally ill person, in his individual capacity or in his capacity as a trustee or as a guardian.
62. Manager to perform contracts directed by District Court.—Where the mentally ill person had,
before his mental illness contracted to sell or otherwise dispose of his property or any portion thereof, and
if such contract is, in the opinion of the District Court, of such a nature as ought to be performed, the
District Court may direct the manager appointed under this Act to perform such contract and to do such
other acts in fulfilment of the contract as the Court considers necessary and thereupon the manager shall
be bound to act accordingly.
63. Disposal of business premises.—Where a mentally ill person had been engaged in business
before he became mentally ill, the District Court may, if it appears to be for the benefit of the mentally ill
person to dispose of his business premises, direct the manager appointed under this Act in relation to the
property of such person, to sell and dispose of such premises and to apply the sale proceeds thereof in
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such manner as the District Court may direct and thereupon the manager shall be bound to act
accordingly.
64. Manager may dispose of leases.—Where a mentally ill person is entitled to a lease or
underlease, and it appears to the manager appointed under this Act in relation to the property of such
person that it would be for the benefit of the mentally ill person to dispose of such lease or underlease,
such manager may, after obtaining the orders of the District Court, surrender, assign or otherwise dispose
of such lease or underlease to such person for such consideration and upon such terms and conditions as
the Court may direct.
65. Power to make order concerning any matter connected with mentally ill person.—The
District Court may, on an application made to it by any person concerning any matter whatsoever
connected with the mentally ill person or his property, make such order, subject to the provisions of this
Chapter, in relation to that matter as in the circumstances it thinks fit.
66. Proceeding if accuracy of inventory or accounts is impugned.—If any relative of the mentally
ill person or the Collector impugns, by a petition to the District Court, the accuracy of the inventory or
statement referred to in sub-section (1), or, as the case may be, any annual account referred to in
sub-section (2), of section 60, the Court may summon the manager and summarily inquire into the matter
and make such order thereon as it thinks fit:
Provided that the District Court may, in its discretion, refer such petition to any Court subordinate to
it, or to the Collector in any case where the manager was appointed by the Collector and the petition is not
presented by the Collector.
67. Payment into public treasury and investment of proceeds of estate.—All sums received by a
manager on account of any estate in excess of what may be required for the current expenses of the
mentally ill person or for the management of his property, shall be paid into the public treasury on
account of the estate, and shall be invested from time to time in any of the securities specified in section
20 of the Indian Trusts Act, 1882 (2 of 1882), unless the authority which appointed him for reasons to be
recorded in writing, directs that, in the interests of the mentally ill person such sums be otherwise invested
or applied.
68. Relative may sue for account.—Any relative of a mentally ill person may, with the leave of the
District Court, sue for an account from any manager appointed under this Act, or from any such person
after his removal from office or trust, or from his legal representative in the case of his death, in respect of
any property then or formerly under his management or of any sums of money or other property received
by him on account of such property.
69. Removal of managers and guardians.—(1) The manager of the property of a mentally ill person
may, for sufficient cause and for reasons to be recorded in writing, be removed by the authority which
appointed him and such authority may appoint a new manager in his place.
(2) Any manager removed under sub-section (1) shall be bound to deliver the charge of all property of
the mentally ill person to the new manager, and to account for all moneys received or disbursed by him.
(3) The District Court may, for sufficient cause, remove any guardian of a mentally ill person and
appoint in his place a new guardian.
70. Dissolution and disposal of property of partnership on a member becoming mentally ill.—
(1) Where a person, being a member of a partnership firm, is found to be mentally ill, the District Court
may, on the application of any other partner for the dissolution of partnership or on the application of any
person who appears to that Court to be entitled to seek such dissolution, dissolve the partnership.
(2) Upon the dissolution under sub-section (1), or otherwise, in due course of law, of a partnership
firm to which that sub-section applies, the manager appointed under this Act may, in the name and on
behalf of the mentally ill person, join with the other partners in disposing of the partnership property upon
such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the
District Court may direct.
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71. Power to apply property for maintenance of mentally ill person without appointing manager
in certain cases.—(1) Notwithstanding anything contained in the foregoing provisions, the District Court
may, instead of appointing a manager of the estate, order that in the case of cash, the cash and in the case
of any other property the produce thereof, shall be realised and paid or delivered to such person as may be
appointed by the District Court in this behalf, to be applied for the maintenance of the mentally ill person
and of such members of his family as are dependent on him.
(2) A receipt given by the person appointed under sub-section (1) shall be valid discharge to any
person who pays money or delivers any property of the mentally ill person to the person so appointed.
72. Power to order transfer of stock, securities or shares belonging to mentally ill person in
certain cases.—Where any stock or Government securities or any share in a company (transferable
within India or the dividends of which are payable therein) is or are standing in the name of, or vested in,
a mentally ill person beneficially entitled thereto, or in the manager appointed under this Act or in a
trustee for him, and the manager dies intestate, or himself becomes mentally ill or is out of the jurisdiction
of the District Court, or it is uncertain whether the manager is living or dead, or he neglects or refuses to
transfer the stock, securities or shares, or to receive and pay over thereof the dividends to a new manager
appointed in his place, within fourteen days after being required by the Court to do so, then the District
Court may direct the company or Government concerned to make such transfer or to transfer, the same,
and to receive and pay over the dividends in such manner as it may direct.
73. Power to order transfer of stock, securities or shares of mentally ill persons residing out of
India.—Where any stock or Government securities or share in a company is or are standing in the name
of, or vested in, any person residing out of India, the District Court upon being satisfied that such person
has been declared to be mentally ill and that his personal estate has been vested in a person appointed for
the management thereof, according to the law of the place where he is residing, may direct the company
or Government concerned to make such transfer of the stock, securities or shares or of any part thereof, to
or into the name of the person so appointed or otherwise, and also to receive and pay over the dividends
and proceeds, as the District Court thinks fit.
74. Power to apply property for mentally ill person’s maintenance in case of temporary mental
illness.—If it appears to the District Court that the mental illness of a mentally ill person is in its nature
temporary, and that it is expedient to make provision for a temporary period, for his maintenance or for
the maintenance of such member of his family as are dependent on him, the District Court may, in like
manner as under section 71, direct his property or a sufficient part thereof to be applied for the purpose
specified therein.
75. Action taken in respect of mentally ill person to be set aside if District Court finds that his
mental illness has ceased.—(1) Where the District Court has reason to believe that any person who was
found to be mentally ill after inquisition under this Chapter has ceased to be mentally ill, it may direct any
court subordinate to it to inquire whether such person has ceased to be mentally ill.
(2) An inquiry under sub-section (1) shall, so far as may be, conducted in the same manner as an
inquisition conducted under this Chapter.
(3) If after an inquiry under this section, it is found that the mental illness of a person has ceased, the
District Court shall order all actions taken in respect of the mentally ill person under this Act to be set
aside on such terms and conditions as that Court thinks fit to impose.
76. Appeals.—An appeal shall lie to the High Court from every order made by a District Court under
this Chapter.
77. Power of District Court to make regulations.—The District Court may, from time to time,
make regulations for the purpose of carrying out the provisions of this Chapter.