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Mental Health Act, 1987 Chapter VI

Title: Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property,custody of His Person and Management of His Property

State: Central

Year: 1987

..... (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. Section 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.....

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Mental Health Act, 1987 Chapter V

Title: Inspection, Discharge, Leave of Absence and Removal of Mentally Ill Persons

State: Central

Year: 1987

.....mentally ill person (1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychialric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under those orders the mentally ill person is detained. (2) Where an application is received under sub-section (I), the authority shall, on such relative or friend furnishing a bond, wilh or without sureties, for such amount as such authority may specify in this behalf undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged. Section 43 - Discharge of person on his request (1) Any person (not being a mentally ill prisoner) detained in pursuance of an order made under this Act who feels that he has recovered from his mental illness, may make an application to the Magistrate, where necessary under.....

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Mental Health Act, 1987 Section 25

Title: Order in Case of Mentally Ill Person Cruelly Treated or Not Under Proper Care and Control

State: Central

Year: 1987

.....proper care and control, or is ill-treated or neglected by any relative or other person having charge of such menially ill person, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides. (3) If it appears to the Magistrate, on the report of a police officer or on the report or information derived from any other person, or otherwise that any mentally ill person within the local limits of his jurisdiction is not under proper care and control, or is ill -treated or neglected by any relative or other person having the charge of such mentally ill person, the Magistrate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person. (4) If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to" take proper care of such mentally ill person and where such relative or other person wilfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees (5) If.....

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Mental Health Act, 1987 Chapter VII

Title: Liability to Meet Cost of Maintenance of Mentally Ill Persons Detained in Psychiatric Hospital or Psychiatric Nursing Home

State: Central

Year: 1987

.....or the person legally bound to maintain the mentally ill person and having the means therefor resides; for an order authorising it (o apply the estate of the mentally ill person to the cost of maintenance or, as the case may be, directing the person legally bound to maintain the menially ill person and having themeans therefor to bear the cost of maintenance of such mentally ill person. (2) An order made by the District Court under sub-section (I) shall be enforced in the same manner, shall have the same force and effect and be subject to appeal, as a decree made by such Court in a suit in respect of the property or person mentioned therein, Section 80 - Persons legally bound to maintain mentally ill person not absolved from such liability Nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentally ill person.

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Mental Health Act, 1987 Section 24

Title: Procedure on Production of Mentally Ill Person

State: Central

Year: 1987

.....to pass such order: Provided that if any relative or friend of the mentally ill person desires that the mentally ill person be sent to any particular licensed psychiatric hospital or licensed psychiatric nursing home for treatment (herein and undertakes in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the Magistrate shall, if themedical officer in charge of such hospital or nursing home consents, make a reception order for the admission of the menially ill person into that hospital or nursing home and detention therein: Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from doing any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to the care of such relative or friend.

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Mental Health Act, 1987 Section 90

Title: Pension, Etc., of Mentally Ill Person Payable by Government

State: Central

Year: 1987

.....regard to the cost of maintenance of such members. (2) Where there is any further surplus amount available out of the funds specified in sub-section (1) after making payments as provided in that sub-section, the Government shall hold the same to be dealt with as follows, namely;-- (a) where the mentally ill person is certified to have ceased to be mentally ill by the District Court within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of the surplus amount shall be paid back to that person; (b) where the mentally ill person dies before payment, the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same; (c) where the mentally ill person dies during his mental illness without leaving any person legally entitled to succeed to his estate the whole of the surplus amount shall with the prior permission of the District Court, be utilised for such charitable purpose as may be approved by the District Court. (3) The Central Government or the State Government, as the case may be, shall be discharged of all liability in respect of any amounts paid in accordance with this.....

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Mental Health Act, 1987 Section 19

Title: Admission of Mentally Ill Persons Under Certain Special Circumstances

State: Central

Year: 1987

.....mentally ill person admitted under sub-section (1) or his relative or friend may apply to the Magistrate for his discharge and the Magistrate may, after giving notice to the person at whose instance he was admitted to the psychiatric hospital or psychialric nursing home and afler making such inquiry as he may deem fit either allow or dismiss the application. (4) The provisions of the foregoing sub-section shall be without prejudice to the power exercisable by a Magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this Act, to pass a reception order, if he is satisfied that it is necessary so to do in accordance with the relevant provisions ot this Act.

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Mental Health Act, 1987 Section 79

Title: Application to District Court for Payment of Cost of Maintenance out of Estate of Mentally Ill Person or from a Person Legally Bound to Maintain Him

State: Central

Year: 1987

.....time being, in force, may make an application to the District Court within whose jurisdiction the estate of the mentally ill person is situate or the person legally bound to maintain the mentally ill person and having the means therefor resides; for an order authorising it (o apply the estate of the mentally ill person to the cost of maintenance or, as the case may be, directing the person legally bound to maintain the menially ill person and having themeans therefor to bear the cost of maintenance of such mentally ill person. (2) An order made by the District Court under sub-section (I) shall be enforced in the same manner, shall have the same force and effect and be subject to appeal, as a decree made by such Court in a suit in respect of the property or person mentioned therein,

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Mental Health Act, 1987 Section 52

Title: Provision for Appointing Guardian of Mentally Ill Person and for Manager of Property

State: Central

Year: 1987

(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, il 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 (I) the same person to be the guardian and manager.

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Mental Health Act, 1987 Section 75

Title: Action Taken in Respect of Mentally Ill Person to Be Set Aside if District Court Finds That His Mental Illness Has Ceased

State: Central

Year: 1987

(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 thesame manner as an inquisition conducted under this Chapter. (3) If after an inquiry under mis 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.

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