Mental Treatment Act, 1945

Increase of allowance and lump sum where injuries attributable to duties are received or illness contracted in discharge of duties.

74.—(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 ten years or longer,

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, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

(2) A mental hospital authority, in determining the amounts of the increases 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 from performing his duties, and

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

the mental hospital authority in whose service he contracts the illness may, in their discretion but subject to the consent of the Minister and to the provisions of this Part of this Act, increase to such extent as they think proper the allowance and lump sum to which he is entitled under this Part of this Act (other than this section) and he shall be entitled accordingly to receive from them such allowance and lump sum as so increased.

(4) The amount of an increase granted under sub-section (3) of this section of an allowance or lump sum shall not exceed the difference between such allowance or lump sum and that to which the grantee would be entitled under this Part of this Act (other than this section) if his years of completed service were increased by ten.