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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.....

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Mental Health Act, 1987 Chapter III

Title: Psychiatric Hospitals and Psychiatric Nursing Homes

State: Central

Year: 1987

.....that-- (a) the psychiatric hospital or psychiatric nursing home is not being maintained by the licensee in accordance with the provisions of this Act or the rules made thereunder; or (b) the maintenance of the psychialric hospital or psychiatric nursing home is being carried on in a manner detrimental to the moral, mental or physical well-being of the inpatients thereof: Provided that no such order shall be made except after giving the licensee a reasonable opportunity of being heard, and every such order shall set out therein the grounds for the revocation of the licence and such grounds shall be communicated to the licensee in such manner as may be prescribed. (2) Every order made under sub-section (1) shall contain a direction that the inpatients of the psychiatric hospital or psychiatric nursing home shall be transferred to such other psychiatric hospital or psychiatric nursing home as may be specified in that order and it shall also contain such provisions (including provisions by way of directions) as to the care and custody of such inpatients pending such transfer. (3) Every order made under sub-section (1) shall take effect,-- (a) where no appeal has been.....

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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 Section 6

Title: Establishment or Maintenance of Psychiatric Hospitals or Psychiatric Nursing Homes Only with Licence

State: Central

Year: 1987

(1) On and after the commencement of this Act, no person shall establish or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid licence granted to him under this Act: Provided that psychiatric hospital or psychiatric nursing home (whether called asylum or by any other name) licensed by the Central Government or any State Government and maintained as such immediately before the commencement of this Act may continue to be maintained, and shall be deemed to be a licensed psychiatric hospital or licensed psychiatric nursing home, as the case may be, under this Act,-- (a) for a period of three months from such commencement, or (b) if an application made in accordance wilh section 7 for a licence is pending on the expiry of the period specified in clause (d), till the disposal of such application. (2) Nothing contained in sub-section (1) shall apply to a psychiatric hospital or psychiatric nursing home established or maintained by the Central Government or a State Government.

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Mental Health Act, 1987 Section 5

Title: Establishment or Maintenance of Psychiatric Hospitals and Nursing Homes

State: Central

Year: 1987

(1) The Central Government may, in any part of India, or the State Government may, within the limits of its jurisdiction, establish or maintain psychiatric hospitals or psychiatric nursing homes for the admission, treatment and care of mentally ill persons at such places as it thinks fit; and separate psychiatric hospitals and psychiatric nursing homes may be established or maintained for,-- (a) those who are under the age of sixteen years; (b) those who are addicted to alcohol or other drugs which lead to behavioural changes in a person; (c) those who have been convicted of any offence; and (d) those belonging to such other class or category of persons as may be prescribed. (2) Where a psychiatric hospital or psychiatric nursing home is established or maintained by the Central Government, any reference in Ihis Act to the State Government shall, in relation to such hospital or nursing home, be construed as a reference to the Central Government.

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Mental Health Act, 1987 Section 13

Title: Inspection of Psychiatric Hospitals and Psychiatric Nursing Homes and Visiting of Patients

State: Central

Year: 1987

.....any psychiatric hospital or psychialric nursing home and require the production of any records, which are required to be kept in accordance with the rules made in this behalf, for inspection: Provided that any personal records of a patient so inspected shall be kept confidential except for the purposes of sub-section (3). (2) The Inspecting Officer may interview in private any patient receiving treatment and care therein-- (a) for the purpose of inquiring into any complaint made by or on behalf of such patient as to the treatment and care, or (b) in any case, where the Inspecting Officer has reason to believe that any inpatient is not receiving proper treatment and care. (3) Where the Inspecting Officer is satisfied that any inpatient in a psychiatric hospital or psychiatric nursing home is not receiving proper treatment and care, he may report the matter to the licensing authority and thereupon the licensing authority may issue such direction as it may deem fit to the medical officer in charge or the licensee of the psychiatric hospital, or, as the case may be, the psychiatric nursing home and every such medical officer in charge or licensee shall be bound to comply.....

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Mental Health Act, 1987 Section 33

Title: Restriction as to Psychiatric Hospitals; and Psychiatric Nursing Homes into Which Reception Order May Direct Admission

State: Central

Year: 1987

No Magistrate or District Court shall pass a reception order for the admission as an inpatient to, or for the detention of any mentally ill person in, any psychiatric hospital or psychiatric nursing home outside the State in which the Magistrate or the District Court exercises jurisdiction: Provided that an order for admission or detention into or in a psychiatric hospital or psychiatric nursing home situated in any other State may by passed if the State Government has, by general or special order and after obtaining the consent of the Government of such other State, authorised the Magistrate or the District Court in that behalf.

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Mental 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.

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Mental Health Act, 1987 Section 82

Title: Penalty for Establishment or Maintenance of Psychiatric Hospital or Psychiatric Nursing Home in Contravention of Chapter in

State: Central

Year: 1987

(1) Any person who establishes or maintains a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the case of a second or subsequent office, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bolh. (2) Whoever, after conviction under sub-section (1) continues to maintain a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapler III shall, on conviction, be punishable with fine which may extend to one hundred rupees, for every day after the first day during which the contravention is continued.

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Mental Health Act, 1987 Section 10

Title: Psychiatric Hospital and Psychiatric Nursing Home to Be Maintained in Accordance with Prescribed Conditions

State: Central

Year: 1987

Every psychiatric hospital or psychiatric nursing home shall be maintained in such manner and subject to such conditions as may be prescribed.

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