Bare Act Search Results

Mental Health Act, 1987 Complete Act

State: Central

Year: 1987

.....it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Mental Health Act, 1987. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act, and any reference in any provision to the commencement of this Act in a State shall be construed as a reference to the coming into force of that provision in that State. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "cost of maintenance", in relation to a mentally ill person admitted in a psychiatric hospital or psychiatric nursing home, shall mean the cost of such items as the State Government may, by general or special order, specify in this behalf; (b) "District Court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which the State Government may, by notification, specify as the Court.....

Mental Health Act, 1987 Chapter IV

Title: Admission and Detention in Psychiatric Hospital, or Psychiatric Nursing Home

State: Central

Year: 1987

.....minor as a voluntary patient. Section 17 - Admission of, and regulation with respect to, voluntary patients (1) On receipt of a request under section 15 or section 16, the medical officer in charge shall make such inquiry as he may deem fit within a period not exceeding twenty-four hours and if satisfied that the applicant or, as the case may be, the minor requires treatment as an inpatient in the psychiatric hospital or psychiatric nursing home, he may admit therein such applicant or, as the case may be, minor as a voluntary patient. (2) Every voluntary patient admitted to a psychiatric hospital or psychiatric nursing home shall be bound to abide by such regulations as may be made by the medical officer in charge or the licensee of the psychiatric hospital or psychiatric nursing home. Section 18 - Discharge of voluntary patients (1) The medical officer in-charge of a psychiatric hospital or psychiatric nursing home shall, on a request made in that behalf,-- (a) by any voluntary patient; and (b) by the guardian of the patient, if he is a minor voluntary patient, discharge, subject to the provisions of sub-section (3) and within twenty-four hours of the receipt of.....

Mental Health Act, 1987 Part II

Title: Reception Orders

State: Central

Year: 1987

.....practitioner in theservice of Government. Section 21 - Form and contents of medical certificates Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement,-- (a) that each of the medical practitioners referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him; and (b) that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others. Section 22 - Procedure upon application for reception order (1) On receipt of an application under sub-section (2) of section 20, the Magistrate may make a reception order, if he is satisfied that-- (i) the mentally ill person is suffering from mental disorder of such a nature and degree that it is necessary todetain him in a psychiatric hospital or.....

Mental Health Act, 1987 Section 20

Title: Application for Reception Order

State: Central

Year: 1987

.....application shall conlain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made. (5) No person,-- (i) who is a minor, or (ii) who, within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application under this section. (6) Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in theservice of Government.

Mental Health Act, 1987 Section 22

Title: Procedure Upon Application for Reception Order

State: Central

Year: 1987

.....would not be adequate in the circumstances of the case and it is necessary to make a reception order. (2) On receipt of an application under sub-section (3) of section 20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates. (3) It the Magistrate considers that there are sufficient grounds for preceding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so. (4) If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill person as he thinks fit. (5) The notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the Magistrate, such notice shall be given. (6) If the Magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such.....

Mental Health Act, 1987 Chapter I

Title: Preliminary

State: Central

Year: 1987

.....(102 of 1956), and whose name has been entered in a State Medical Register, as defined in clause (k) of thai section; (ii) in clause (h) of sub-section (I) of section 2 of the Indian Medicine Central Council Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-section (I) of that section; and (iii) in clause (g) of sub-section (I) of section 2 of the Homeopathy Central Council Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as defined in clause (i) of subsection (I) of that section; (l) "mentally ill person" means a person who is in need of treatment by reason of any mental disorder other than mental retardation; (m) "mentally ill prisoner" means a mentally ill person for whose detention in, or removal to, a psychiatric hospital, psychiatric nursing home, jail or other place of safe custody, an order referred to in section 27 has been made; (n) "minor" means a person who has not completed the age of eighteen years; (o) "notification" means a notification published in the Official Gazette; (p) "prescribed" means prescribed by rules made under this.....

Mental Health Act, 1987 Section 2

Title: Definitions

State: Central

Year: 1987

.....(102 of 1956), and whose name has been entered in a State Medical Register, as defined in clause (k) of thai section; (ii) in clause (h) of sub-section (I) of section 2 of the Indian Medicine Central Council Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-section (I) of that section; and (iii) in clause (g) of sub-section (I) of section 2 of the Homeopathy Central Council Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as defined in clause (i) of subsection (I) of that section; (l) "mentally ill person" means a person who is in need of treatment by reason of any mental disorder other than mental retardation; (m) "mentally ill prisoner" means a mentally ill person for whose detention in, or removal to, a psychiatric hospital, psychiatric nursing home, jail or other place of safe custody, an order referred to in section 27 has been made; (n) "minor" means a person who has not completed the age of eighteen years; (o) "notification" means a notification published in the Official Gazette; (p) "prescribed" means prescribed by rules made under this.....

Mental Health Act, 1987 Section 21

Title: Form and Contents of Medical Certificates

State: Central

Year: 1987

Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement,-- (a) that each of the medical practitioners referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him; and (b) that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.

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.....

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.....