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Home Bare Acts Phrase: illnessMental 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
..... On completion of the inquisition, the District Court shall record its findings on,-- (i) whether the alleged mentally ill person is in fact mentally ill or not, and (ii) where such person is mentally ill, whether he is incapable of taking care of himself and of managing his property, or incapable of managing his property only. Section 52 - Provision for appointing guardian of mentally ill person and for manager of property (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.....
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Chapter V
Title: Inspection, Discharge, Leave of Absence and Removal of Mentally Ill Persons
State: Central
Year: 1987
.....or psychiatric nursing home on the expiry of the leave granted to him under this section, the medical officer in charge shall forthwith report that fact to the Magistrate within the local limits of whose jurisdiction such hospital or nursing home is situate and theMagistrate may, after making such inquiry as he may deem fit, make an order directing him to be brought back to the psychiatric hospital or psychiatric nursing home, as the case may be. (5) Nothing contained in this section shall apply to a voluntary patient referred to in section 15 or section 16 and the provisions of section 18 shall apply to him. Section 46 - Grant of leave of absence by Magistrate (1) Where the medical officer in charge refuses to grant leave of absence to a mentally ill person under section 45, the applicant may apply to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein the mentally ill person is detained is situate, for the grant of leave of absence to the mentally ill person and the Magistrate may, if he is satisfied that it is necessary so to do, and on the applicant entering into a bond in accordance with the.....
View Complete Act List Judgments citing this sectionMental 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.....
View Complete Act List Judgments citing this sectionMental 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.
View Complete Act List Judgments citing this sectionMental 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.
View Complete Act List Judgments citing this sectionMental 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.....
View Complete Act List Judgments citing this sectionMental 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.
View Complete Act List Judgments citing this sectionMental 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,
View Complete Act List Judgments citing this sectionMental 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.
View Complete Act List Judgments citing this sectionMental 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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