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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.....

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Mental Health Act, 1987 Section 47

Title: Removal of Mentally Ill Person from One Psychiatric Hospital or Psychiatric Nursing Home to Any Other Psychiatric Hospital or Psychiatric Nursing Home

State: Central

Year: 1987

(1) Any mentally ill person other than a voluntary patient referred to in section 15 or seclion 16 may, subject to any general or special order of the State Government, be removed from any psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home within theState, or to any other psychiatric hospital or psychiatric nursing home in any other State with the consent of the Government of that other Stale: Provided that no mentally ill person admitted to a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under this Act shall be so removed unless intimation thereof has been given to the applicant. (2) The State Government may make such general or special order as it thinks fit directing the removal of any mentally ill prisoner from the place where he is for the time being detained, to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in the State or to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in any other State with theconsent of the Government of that other State.

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Mental Health Act, 1987 Part I

Title: Inspection

State: Central

Year: 1987

.....is detained under the provisions of section 144 of the Air Force Act, 1950 (45 of 1950), or section 145 of the Army Act, 1950 (46 of 1950), or section 143 or section 144 of the Navy Act, 1957 (62 of 1957), or section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974),-- (i) the Inspector-General of Prisons, where such person is detained in a jail; and (ii) all or any three of the Visitors including at least one social worker appointed under sub-section (1) of section 37, where such person is detained in a psychiatric hospital or psychiatric nursing home, shall, once in every three months, visit such person at the place where he is detained, in order to assess the state of mind of such person and make a report thereon to the authority under whose order such person is so detained. (2) The State Government may empower any of its officers to discharge all or any of the functions of the Inspector-General of Prisons under sub-section (1). (3) The medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any person referred to in sub-section (1) is detained shall once in every six months, make a special report regarding.....

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Mental Health Act, 1987 Section 37

Title: Appointment of Visitors

State: Central

Year: 1987

(1) The State Government or the Central Government, as the case may be, shall appoint for every psychiatric hospital and every psychiatric nursing home, not less than five Visitors, of whom at least one shall be a medical officer preferably a psychiatrist and two social workers. (2) The head of the Medical Services of the State or his nominee preferably a psychiatrist shall be an ex officio Visitor of all the psychiatric hospitals and psychiatric nursing homes in the State. (3) The qualifications of persons to be appointed as Visitors under sub-section (I) and the terms and conditions of their appointment shall he such as may be prescribed.

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Mental Health Act, 1987 Section 38

Title: Monthly Inspection by Visitors

State: Central

Year: 1987

Not less than three Visitors shall, at least, once in every month, make a joint inspection of every part of the psychiatric hospital or psychiatric nursing home in respect of which they have been appointed and examine every minor admitted as a voluntary patient under section 17 and, as far as circumstances will permit, every other mentally ill person admitted therein and the order for [he admission of, and the medical certificates relating to, every mentally ill person admitted subsequent to the joint inspection immediately preceding, and shall enter in a book kept for that purpose such remarks as they deem appropriate in regard to the management and condition of such hospital or nursing home and of the inpalients thereof: Provided that the Visitors shall not he entitled to inspect any personal records of an inpatient which in the opinion of the medical officer in charge are confidential in nature: Provided further that if any of the Visitors does not participate in the joint inspection of the psychiatric hospital or psychiatric nursing home in respect of which he was appointed a Visitor for three consecutive months, he shall cease to hold office as such Visitor.

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Mental Health Act, 1987 Section 39

Title: Inspection of Mentally Ill Prisoners

State: Central

Year: 1987

.....is detained under the provisions of section 144 of the Air Force Act, 1950 (45 of 1950), or section 145 of the Army Act, 1950 (46 of 1950), or section 143 or section 144 of the Navy Act, 1957 (62 of 1957), or section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974),-- (i) the Inspector-General of Prisons, where such person is detained in a jail; and (ii) all or any three of the Visitors including at least one social worker appointed under sub-section (1) of section 37, where such person is detained in a psychiatric hospital or psychiatric nursing home, shall, once in every three months, visit such person at the place where he is detained, in order to assess the state of mind of such person and make a report thereon to the authority under whose order such person is so detained. (2) The State Government may empower any of its officers to discharge all or any of the functions of the Inspector-General of Prisons under sub-section (1). (3) The medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any person referred to in sub-section (1) is detained shall once in every six months, make a special report regarding.....

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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.....

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Mental Health Act, 1987 Section 40

Title: Order of Discharge by Medical Officer in Charge

State: Central

Year: 1987

(1) Notwithstanding anything contained in Chapter IV, the medical officer in charge of a psychiatric hospital or psychiatric nursing home may, on the recommendation of two medical practitioners one of whom shall preferably be a psychiatrist, by order in writing, direct the discharge of any person, other man a voluntary patient detained or under going treatment therein as an inpatienl, and such person shall thereupon be discharged from the psychiatric hospital or psychiatric nursing home: Provided that no order under this sub-section shall be made in respect of a mentally ill prisoner otherwise than as provided in section 30 of the Prisoners Act, 1900 (3 of 1900) or in any other relevant law. (2) Where any order of discharge is made under sub-section (1) in respect of a person who has been detained or is undergoing treatment as in patient in pursuance of an order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer in charge.

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Mental Health Act, 1987 Section 41

Title: Discharge of Mentally Ill Persons on Application

State: Central

Year: 1987

Any person detained in psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under this Act, shall be discharged on an application made in that behalf to the medical officer in charge by the person on whose application the order was made: Provided that no person shall be discharged under this section if the medical officer in charge certifies in writing that the person is dangerous and unfit to be at large.

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Mental Health Act, 1987 Section 42

Title: Order of Discharge on the Undertaking of Relatives or Friends, Etc., for Due Care of Mentally Ill Person

State: Central

Year: 1987

(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.

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