The Act repeals the Indian Lunacy Act, 1912 ( 4 of 1912), and the Lunacy Act, 1977 (Jammu and Kashmir Act 25 of 1977). The provisions of the Indian Lunacy Act 1912 and the Amending Act which compendiously called Lunacy Act, 1912-1926 were not absolutely exhaustiv2.
S.O. 43 (E), DATED 11TH JANUARY, 1993 - In exercise of the powers conferred by sub-section (3) of Sec. 1 of the Mental Health Act, 1987 (14 of 1987), the Central Government hereby appoints the Ist day of April, 1993 as the date on which the said Act shall come into force in all the States and Union Territories.
RULE OF INTERPRETATION.- It is an accepted proposition of law that Acts must be construed as a whole. Guidance with regard to the meaning of a particular word or phrase may be found in other words and phrases in the same section or in other sections although the utility of an extensive consideration of other parts of the same statute will vary from case to case3.
In interpreting the provisions the exercise undertaken by the Court is to make explicit the intention of the Legislature which enacted the legislation. It is not for the Court to reframe the legislation for the very good reason that the powers to "legislate" have not been conferred on the Court4.
In order to sustain the presumption of constitutionality of a legislative measure, the Court can take into consideration matters of common knowledge, matters of common report, the history of the times and also assume every state of fact which can be conceived existing at the time of the legislation5.
The principle of the interpretation that no word used by the Legislature in a legislation is useless, cannot be fitted into the situation where the question relates to the interpretation of an agreement. An agreement is not to be culled out from ambiguity6.
INTERPRETATION OF STATUTE-DUTY OF THE COURT - It is well settled that the Courts should read different provisions of an Act in a manner that no part thereof is held to be superfluous or surplus and that where language of statute leads to manifest contradictions the Court must construe them on the basis of which the said provisions can survive1.
GENERALIA SPECIALIBUS NON DEROGANT- It is well-known proposition of law that when a matter falls under any specific provision, then it must be governed by that provision and not by the general provision (Generalia specialibus non derogant)2.
CONSTRUCTION OF WORK- It is settled view that in determining the
meaning or connotation of words and expressions describing an article one
should be construed in the sense in which they are understood. The reason
is that it is they who are concerned with it and, it is the sense in which
they understand it which constitutes the definitive index of the legislative
This section defines the various expressions occurring in the Act.
INTERPRETATION OF SECOTION - The Court can merely interpret the section; it cannot re-write, recast or redesign the section1.
RELATIVE - MEANING OF -certainly the word "relative" used in Sec. 3 of the Lunacy Act (since repealed by this Act) has to be understood in a legal sense and it has to be understood in the setting where that word is used in the provisions of the statute, particularly, the provision enabling a relative to entertain a petition under Sec. 63 of the Lunacy Act2.