Bare Act Search Results

Mental Health Act, 1987 Section 59

Title: Powers of Manager

State: Central

Year: 1987

(1) Every manager appointed under this Act shall, subject to the provisions of this Act, exercise the same powers in regard to the management of the property of the mentally ill person in respect of which he is appointed as manager, as the mentally ill person would have exercised as owner of the property had he not been mentally ill, and shall realise all claims due to the estate of the mentally ill person and pay all debts and discharge all liabilities legally due from that estate: Provided that the manager shall not mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable properly of the menially ill person or lease oui any such properly for a period exceeding five years, unless he obtains thepermission of the Disirict Courl in that behalf. (2) The District Court may, on an applicaiion made by the manager, grant him permission to mortgage, create a charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person or to lease out any such property for a period exceeding five years, subject to such condilions or restrictions as that Court may think fit to impose. (3) The District Court.....

Mental Health Act, 1987 Part III

Title: Leave of Absence

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.....

Mental Health Act, 1987 Section 45

Title: Leave of Absence

State: Central

Year: 1987

.....the protection of others, be specified in the order: Provided that the total number of days for which leave of absence may be granted to a patient under this sub-section shall not exceed sixty days. (4) Where the mentally ill person is not brought back to the psychiatric hospital 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.

Mental Health Act, 1987 Part II

Title: Discharge

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.....

Mental Health Act, 1987 Section 51

Title: Issues on Which Finding Should Be Given by District Court After Inquisition

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.

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.

Medical Termination of Pregnancy Act, 1971 Complete Act

State: Central

Year: 1971

.....may, by regulations,- (a) require any such opinion as is referred to in sub-section (2) of Section 3-to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates; (b) require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations; (c) prohibit the disclosure, except to such persons and for such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations. (2) The intimation given and the information furnished in pursuance of regulations made by virtue of clause (b) of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical Officer of the State. (3) Any person who wilfully contravenes or wilfully fails to comply with the requirements of any regulation made under sub-section (1) shall be liable to be punished with fine which may extend to one thousand rupees. State Amendments SECTION 08:.....

Medical Termination of Pregnancy Act, 1971 Amending Act 1

Title: Medical Termination of Pregnancy (Amendment) Act, 2002

State: Central

Year: 1971

.....in need of treatment by reason of any mental disorder other than mental retardation;'. 3. Amendment of section 3 In section 3 of the principal Act, in sub-section (4), in clause (a), for the word "lunatic", the words "mentally ill person" shall be substituted. 4. Substitution of new section for section 4 For section 4 of the principal Act, the following section shall be substituted, namely: -- "4. Place where pregnancy may be terminated No termination of pregnancy shall be made in accordance with this Act at any place other than (a) a hospital established or maintained by Government, or (b) a place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee: Provided that the District Level Committee shall consist of not less than three and not more than five members including the Chairperson, as the Government may specify from time to time.". 5. Amendment of section 5 In section 5 of the principal Act, for sub-section (2) and the Explanation thereto, the following shall be substituted,.....

Medical Termination of Pregnancy (Amendment) Act, 2002 Section 2

Title: Amendment of Section 2

State: Central

Year: 2002

In section 2 of the Medical Termination of Pregnancy Act, 1971 (34 of 1971) (hereinafter referred to as the principal Act),-- (i) in clause (a), for the word "lunatic", the words "mentally ill person" shall be substituted; (ii) for clause (b), the following clause shall be substituted, namely:-- '(b) "mentally ill person" means a person who is in need of treatment by reason of any mental disorder other than mental retardation;'.

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.....