An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their properly and affairs and for matters connected therewith or incidental thereto.

  • Chapter I – Preliminary
    1. Short title, extent and commencement
    2. Definitions
  • Chapter II – Mental Health Authorities
  1. Central Authority for Mental Health Services
  2. State Authrity for Mental Health Services
  • Chapter III – Psychiatric Hospitals And Psychiatric Nursing Homes
  1. Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes
  2. Establishment or maintenance of psychiatric hospitals or psychiatric nursing homes only with licence
  3. Application for licence
  4. Grant or refusal of licence
  5. Duration and renewal of licence
  6. Psychiatric hospital and psychiatric nursing home to be maintained in accordance with prescribed conditions
  7. Revocation of licence
  8. Appeal
  9. Inspection of psychiatric hospitals and psychiatric nursing homes and visiting of patients
  10. Treatment of out-patient
  • Chapter IV – Admission And Detection In Psychiatric Hospital Or Psychiatric Nursing Home
  1. Part-I: Admission On Voluntary Basis
  2. Request by major for admission as voluntary patient
  3. Request by guardian for admission of a ward
  4. Admission of, and regulation with respect to, voluntary patient
  5. Discharge of voluntary patients

 

  1. Part-II: Admission Under Special Circumstances

 

  1. Admission of mentally ill persons under certain special circumstances
  • Part-III: Reception Orders
  1. Reception orders on applications
  1. Application for reception order
  2. Form and contents of medical certificates
  3. Procedure upon application for reception order
    1. Reception orders on production of mentally ill persons before Magistrate
  1. Powers and duties of police officers in respect of certain mentally ill persons
  2. Procedure on production of mentally ill person
  3. Order in case of mentally ill person cruelly treated or not under proper care and control
    1. Further provisions regarding admission and detention of certain mentally ill persons
  4. Admission as in-patient after inquisition
  5. Admission and detention of mentally ill prisoner
  6. Detention of alleged mentally ill person pending report by medical officer
  7. Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home
    1. Miscellaneous provision in relation to orders under this Chapter
  8. Time and manner of medical examination of mentally ill person
  9. Authority for reception order
  10. Copy of reception order to be sent to medical officer-in-charge
  11. Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission
  12. Amendment of order or document
  13. Power to appoint substitute for person upon whose application reception order has been made
  14. Officers competent to exercise powers and discharge functions of Magistrate under certain sections
  15. Chapter V – Inspection, Discharge, Leave Of Absence And Removal Of Mentally Ill Persons
  • Part-I: Inspection
  1. Appointment of visitors
  2. Monthly inspection by visitors
  3. Inspection of mentally ill prisoners
    • Part-II: Discharge
  1. Order of discharge by medical officer in charge
  2. Discharge of mentally ill persons on application
  1. Order of discharge on the undertaking of relatives or friends, etc. for due care of mentally ill persons
  2. Discharge of person on his request
  3. Discharge of person subsequently found on inquisition to be of sound mind
    • Part-III: Leave of Absence
  4. Leave of absence
  5. Grant of leave of absence by Magistrate
    • Part-IV: Removal
  6. Removal of mentally ill person from one psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home
  7. Admission, detention and retaking in certain cases
  8. Appeal from orders of Magistrate
  9. Chapter VI – Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property, Custody Of His Person And Management Of His Property

 

  1. Application for judicial inquisition
  2. Issues on which finding should be given by District Court after inquisition
  3. Provision for appointing guardian of mentally ill person and for manager of property
  4. Appointment of guardian of mentally ill person
  5. Appointment of manager for management of property of mentally ill person
  6. Appointment of manager by Collector
  7. Manager of property to execute bond
  8. Appointment and remuneration of guardians and managers
  9. Duties of guardian and manager
  10. Powers of manager
  11. Manager to furnish inventory and annual accounts
  12. Manager’s power to execute conveyances under orders of District Court
  13. Manager to perform contracts directed by District Court
  14. Disposal of business premises
  15. Manager may dispose of leases
  16. Power to make order concerning any matter connected with mentally ill person.
  17. Proceeding if accuracy of inventory or accounts is impugned
  18. Payment into public treasury and investment of proceeds of
  19. Relative may sue for account
  20. Removal of managers and guardians
  21. Dissolution and disposal of property of partnership on a member becoming mentally ill
  22. Power to apply property for maintenance of mentally ill person without appointing manager in certain cases
  1. Power to order transfer of stock, securities or shares belonging to mentally ill person in certain
  2. Power to order transfer of stock, securities or shares of mentally ill person residing out of India
  3. Power to apply property for mentally ill person’s maintenance in case of temporary mental
  4. Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased
  5. Appeals
  6. Power of District Court to make regulations
  7. Chapter VII – Liability To Meet Cost Of Maintenance Of Mentally Ill Persons Detained In Psychiatric Hospital Or Psychiatric Nursing Home
  1. Cost of maintenance to be borne by Government in certain cases
  2. Application to District Court for payment of cost of maintenance out of estate of mentally ill person or from a person legally bound to maintain him

Persons legally bound to maintain mentally ill person not absolved from such liability

III.

  1. 81.
  2. Chapter IX – Penalties And Procedure
  1. Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing home in contravention of Chapter III
  2. Penalty for improper reception of mentally ill person
  3. Penalty for contravention of Secs. 60 and
  4. General provision for punishment of other offences
  5. Offences by companies
  6. Sanction for prosecutions
  7. Chapter X – Miscellaneous
  1. Provision as to bonds
  2. Report by medical officer
  3. Pension, etc. of mentally ill person payable by Government
  4. Legal aid to mentally ill person at State expense in certain cases
  5. Protection of action taken in good faith
  6. Construction of reference to certain laws,
  7. Power of Central Government and State Government to make rules
  8. Rules made by Central Government or the State Government to be laid before the Legislature
  9. Effect of Act on other laws
  10. Power to remove difficulty
  11. Repeal and saving

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