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Start Free TrialMental 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.....
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
.....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.....
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Complete Act
Title: Mental Health Act, 1987
State: Central
Year: 1987
.....69 Section85 - General provision for punishment of other offences Section86 - Offences by companies Section87 - Sanction for prosecution Chapter X Section88 - Provision as to bonds Section89 - Report by medical officer Section90 - Pension, etc., of mentally ill person payable by Government Section91 - Legal aid to mentally ill person at State expense in certain cases Section92 - Protection of action taken in good faith Section93 - Construction of references to certain laws, etc Section94 - Power of Central Government and State Government to make rules Section95 - Rules made by Central Government or the State Government to be laid before the Legislature Section96 - Effect of Act on other laws Section97 - Power to remove difficulty Section98 - Repeal and saving
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 Chapter II
Title: Mental Health Authorities
State: Central
Year: 1987
.....other functions with respect to matters relating to mental health as the Central Government may require. Explanation.--For the purposes of this section and section 4, "Mental Health Services" include, in addition to psychiatric hospitals and psychiatric nursing homes, observation wards, day-care centres, inpatient treatment in general hospitals, ambulatory treatment facilities and other facilities, convalescent homes and half-way-homes for mentally ill persons. Section 4 - State Authority for Mental Health Services (1) The State Government shall establish an Authority for mental health with such designation as it may deem tit. (2) The Authority established under sub-section (1) shall be subject to the superintendence, direction and control of the Stale Government. (3) The Authority established under sub-section (1) shal!-- (a) be in charge of regulation, development and co-ordination wilh respect to Mental Health Services under the State Government and all other matters which, under this Act, are the concern of the State Government or any officer or authority subordinate to the State Government; (b) supervise the psychiatric hospitals and psychialric nursing.....
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 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 4
Title: State Authority for Mental Health Services
State: Central
Year: 1987
(1) The State Government shall establish an Authority for mental health with such designation as it may deem tit. (2) The Authority established under sub-section (1) shall be subject to the superintendence, direction and control of the Stale Government. (3) The Authority established under sub-section (1) shal!-- (a) be in charge of regulation, development and co-ordination wilh respect to Mental Health Services under the State Government and all other matters which, under this Act, are the concern of the State Government or any officer or authority subordinate to the State Government; (b) supervise the psychiatric hospitals and psychialric nursing homes and other Mental Health Service Agencies (including places in which mentally ill persons may be kept or detained) under the control of the State Government; (c) advise the State Government on all matters relating to mental health; and (d) discharge such other functions with respect to matters relating to mental health as the State Government may require.
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.
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