THE MENTAL HEALTH ACT, 1987
CONTENTS
PRELIMINARY
1. Short
title, extent and commencement
2. Definitions
MENTAL HEALTH AUTHORITIES
3. Central
Authority for Mental Health Services
4. State Authority for Mental Health
Services
PSYCHIATRIC HOSPITALS AND PSYCHIATRIC NURSING HOMES
5. Establishment
or maintenance of psychiatric hospitals and nursing homes
6. Establishment or maintenance of psychiatric hospitals
and psychiatric nursing homes only with licence
7. Application for Licence
8. Grant or Refusal of Licence
9. Duration and renewal of Licence
10. Psychiatric hospital and psychiatric
nursing homes to be maintained in accordance with prescribed conditions
11. Revocation of Licence
12. Appeal
13. Inspection of psychiatric hospitals
and psychiatric nursing homes and visiting of patients
14. Treatment of out-patients
ADMISSION AND DETENTION IN PSYCHIATRIC HOSPITAL, OR PSYCHIATRIC NURSING HOME
PART
- I
Admission on Voluntary Basis
15. Request
by Major for admission as voluntary patient
16. Request by Guardian for admission
of a ward
17. Admission of, and regulation
with respect, voluntary patients
18. Discharge of voluntary patients
PART
II
Admission under special circumstances
19. Admission of mentally ill persons under special circumstances
PART
III
Reception Order
A. Reception under special applications
20. Application
for reception order
21. Forms and contents of medical
certificates
22. Procedure upon Application for
reception order
B. Reception orders on Production of mentallt ill persons before Magistrate
23. Powers
and Duties of police officers in respect of certain mentally ill persons
24. Procedure on production of mentally
ill person
25. Order in case of mentally ill
person cruelly treated or not under proper care and control
C. Further Provisions regarding admission and detention of certain mentally ill person
26. Admission
as inpatients after inquistion
27. Admission and detention of mentally
ill prisoner
28. Detention of alleged mentally
ill person pending report by medical officer
29. Detention of mentally ill person
pending his removal to psychiatric nursing home
D. Miscellaneous provisions in relation to order under this chapter
30. Time
and manner of medical examination of mentally ill person
31. Authority of reception order
32. Copy of reception order to be
sent to medical officer in-charge
33. Restriction as to psychiatric
hospitals; and psychiatric nursing homes into which reception order may direct
admission.
34. Amendment of under or document
35. Power to appoint substitute
for person upon whose application reception order has been made.
36. Officer competent to exercise
powers and discharge functions of Magistrate under certain sections
INSPECTION, DISCHARGE, LEAVEOF ABSENCE AND REMOVAL OF MENTALLY ILL PERSONS
37. Appointment
of Visitors
38. Monthly inspection by visitors
39. Inspection of mentally ill prisoners
Part
II
Discharge
40. Order
of discharge by medical officer in charge
41. Discharge of mentally ill persons
on application
42. Order of discharge on the undertaking
of relatives or friends,etc., for due care of mentally ill person
43. Discharge of person on his request
44. Discharge of person subsequently
found on inquisition to be of sound mind
Part-III
Leave of absence
45. Leave
of absence
46.Grant of leave of absence by
Magistrate
Part
-IV
Removal
47. Removal
of mentally person from one psychitric hospitals or psychiatric nursing home
to any other psychitric hospital or nursing home
48. Admission, detention and retaking
in certain cases
49. Appeal from Orders of Magistrate
JUDICIAL INQUISITION REGARDING ALLEGED MENTALLY ILL PERSON POSSESSING PROPERTY, CUSTODY OF HIS PERSON AND MANAGEMENT OF HIS PROPERTY
50. Application
for judicial inquisition
51. Issues on which finding should
be given by District Court after inquisition
52. Provisions for appointing guardian
of mentally ill person and for manager of property
53. Appointment of guardian of mentally
ill person
54. Appointment of manager for management
of property of mentally ill person
55. Appointment of manager by Collector
56. Manager of property to execute
bond
57. Appointment and remuneration
of guardian and manger
58. Duties of guardian and manager
59. Power of manager
60. Manager to furnish inventory
and annual accounts
61. Manager's power to execute conveyances
under order of District Court
62. Manager to perform contracts
directed by District Court
63. Disposal of business premises
64. Manager may dispose of leases
65. Power to make under concerning
any matter connected with mentally ill person
66. Proceeding if accuracy of inventory
or accounts is impugned
67. Payment into public treasury
and investment of proceeds of estate
68. Relative may sue for accounts
69. Removal of managers and guardians
70. Dissolution and disposal of
property of partnership on a member becoming mentally ill
71. Power to apply propery for maintenance
of mentally ill person without appointing manager in certain cases.
72. Power to order transfer of stock,
securities or shares belonging to mentally ill person in certain cases
73. Power to order transfer of stock,
securities or shares of mentally ill person residing out of India
74. Power to apply property for
mentally ill person's maintenance in case of temporary mental illness
75. Action taken in respect of mentally
ill person to be set aside if District Court finds that his mental illness has
ceased
76. Appeal
77. Power of District Court to make
regulations
LIABILITY TO MEET COST OF MAINTENANCE OF MENTALLY ILL PERSONS DETAINED IN PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME
78. Cost
of maintenance to be borne by Government in certain cases
79. Application to District Court
for payment of cost maintenance out of estate of mentally ill person or from
a person legally bound to maintain him
80. Persons legally bound to maintain
ill person not absolved from such liability .
PROTECTION OF HUMAN RIGHTS OF MENTALLY ILL PERSONS
81. Mentally ill persons to be treated without violation of human rights.
PENALTIES AND PROCEDURE
82. Penalty
for establishment or maintenance of psychiatric hospital or psychiatric nursing
home in contravention of Chapter -III
83. Penalty fpr improper reception
of mentally ill person
84. Penalty for contravention of
sections 60 and 69
85. General provision for punishment
pf other offences
86. Offences by companies
87. Saction for prosecution
MISCELLANEOUS
88. Provision
as to bonds
89. Report by medical officer
90. Pension, etc., of metally ill
person payable by Government
91. Legal aid to Mentally ill person
at state expense in certain cases
92. Protection of action taken good
faith
93. Construction of references to
certain laws,etc.
94. Power of Central Government
and State Government to make rules
95. Rules made by Central Government
or the State Government to be laid before the Legislature
96. Effects of Acts on other laws
97. Power to remove difficulty
98. Repeal and saving