Mental Treatment Act, 1945

Appropriation of property.

234.—(1) Where a person receiving mental hospital assistance in a mental institution maintained by a mental hospital authority owns any money or security for money, the authority may—

(a) if the person has such money in his physical possession, take and appropriate it and thereout reimburse themselves in respect of the cost of the mental hospital assistance given by them to the person at any time before such taking, and retain the balance (if any) on behalf of the person,

(b) if the person has such security in his physical possession, take and realise it or a sufficient portion thereof and out of the proceeds reimburse themselves in respect of the cost of the mental hospital assistance given by them to the person at any time before such taking, and retain the balance (if any) on behalf of the person,

(c) in any case, by appropriate legal proceedings, make such money or security available for their reimbursement in respect of the cost of the mental hospital assistance given by them to the person at any time before the institution of the proceedings and reimburse themselves accordingly.

(2) Where a person receiving mental hospital assistance from a mental hospital authority dies and at his death owns any money or other property, the authority may—

(a) where the circumstances so permit, take and appropriate out of such money a sum sufficient to reimburse themselves in respect of the expenses (if any) incurred by them in burying his body and the cost of the mental hospital assistance given by them to the person at any time before his death,

(b) where the circumstances so permit, take and realise such property or a sufficient portion thereof and out of the proceeds reimburse themselves in respect of such expenses and cost,

(c) in any case, by appropriate legal proceedings make such money or property available for their reimbursement in respect of such expenses and cost and reimburse themselves accordingly.

(3) In the foregoing sub-sections of this section, the word “money” includes money deposited in the Post Office Savings Bank or in any other bank and the expression “security for money” includes a deposit book issued by the Post Office Savings Bank to a depositor and also includes a Savings Certificate, and the powers conferred by those sub-sections respectively on a mental hospital authority shall include—

(a) in the case of money in the Post Office Savings Bank, power, on obtaining possession of the deposit book issued in respect thereof by that Bank, to withdraw the money or a sufficient portion thereof in accordance with regulations in that behalf made by the Minister for Finance,

(b) in the case of money in any other bank, power to apply to the District Court for, and, if that Court so thinks proper, to obtain, an order directing the bank to pay the money or a sufficient portion thereof to such mental hospital authority,

(c) in the case of a Savings Certificate, power on obtaining possession thereof, to realise it in accordance with rules in that behalf made by the Minister for Finance.