Mental Treatment Act, 1945

Return of contributions.

86.—(1) Where—

(a) an officer or servant of a mental hospital authority loses his office or employment by any cause other than misconduct or voluntary resignation, and

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

the mental hospital authority in whose service he was immediately before he lost his office or employment shall, save where such authority make a grant to him under section 71 of this Act, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him the aggregate amount of his contributions under this Part of this Act.

(2) Where an officer or servant of a mental hospital authority resigns voluntarily from their service and is not thereupon entitled to an allowance under this Part of this Act, the authority may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to him a sum equal to the whole or part of the aggregate amount of his contributions under this Part of this Act.

(3) Where an officer or servant of a mental hospital authority dies while in their service and such officer or servant had been in the service of a mental hospital authority for less than five years, the mental hospital authority in the service of whom he died (whether such authority have or have not made a grant in relation to him under section 77 or 78 of this Act) may, in their discretion, pay (subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922) to his legal personal representative the aggregate amount of the contributions of such officer or servant under this Part of this Act.

(4) Where—

(a) a female officer or servant of a mental hospital authority leaves their service in order to be married, and

(b) she has been in the service of a mental hospital authority for less than five years, and

(c) within three months (or such longer period not exceeding six months as the Minister, if in any particular case he so thinks fit, may approve of) after so leaving, she produces to the mental hospital authority whose service she has left a marriage certificate showing that she has been married within that period,

the mental hospital authority whose service she has left shall, subject to the proviso to sub-section (1) of section 31 of the Finance Act, 1922, pay to her the aggregate amount of her contributions under this Part of this Act.

(5) Where an officer or servant who receives a payment under this section is subsequently appointed to the service of a mental authority, no service under any mental hospital authority of such officer or servant before such appointment shall be aggregated or reckoned for the purposes of this Part of this Act unless, upon such appointment, such payment is returned to the mental hospital authority by whom it was paid.

(6) Where a payment is returned to a mental hospital authority under sub-section (5) of this section and a contribution has been made under this Part of this Act to such payment by another mental hospital authority, the first-mentioned authority shall return to such other authority the amount of the contribution.