The Mental Health Act, 1987

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

3. Central Authority for Mental Health Services
4. State Authrity for Mental Health Services

• Chapter III – Psychiatric Hospitals And Psychiatric Nursing Homes

5. Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes
6. Establishment or maintenance of psychiatric hospitals or 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 home 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-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

 

19. Admission of mentally ill persons under certain special circumstances

• Part-III: Reception Orders

1. Reception orders on applications

20. Application for reception order
21. Form and contents of medical certificates
22. Procedure upon application for reception order
    1. Reception orders on production of mentally ill persons before Magistrate

30. Powers and duties of police officers in respect of certain mentally ill persons
31. Procedure on production of mentally ill person
32. 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
33. Admission as in-patient after inquisition
34. Admission and detention of mentally ill prisoner
35. Detention of alleged mentally ill person pending report by medical officer
36. 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
37. Time and manner of medical examination of mentally ill person
38. Authority for reception order
39. Copy of reception order to be sent to medical officer-in-charge
40. Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission
41. Amendment of order or document
42. Power to appoint substitute for person upon whose application reception order has been made
43. Officers competent to exercise powers and discharge functions of Magistrate under certain sections
44. Chapter V – Inspection, Discharge, Leave Of Absence And Removal Of Mentally Ill Persons

• Part-I: Inspection

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

47. Order of discharge on the undertaking of relatives or friends, etc. for due care of mentally ill persons
48. Discharge of person on his request
49. Discharge of person subsequently found on inquisition to be of sound mind
    • Part-III: Leave of Absence
50. Leave of absence
51. Grant of leave of absence by Magistrate
    • Part-IV: Removal
52. Removal of mentally ill person from one psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home
53. Admission, detention and retaking in certain cases
54. Appeal from orders of Magistrate
55. Chapter VI – 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. Provision 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 guardians and managers
58. Duties of guardian and manager
59. Powers of manager
60. Manager to furnish inventory and annual accounts
61. Manager’s power to execute conveyances under orders 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 order 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
68. Relative may sue for account
69. Removal of managers and guardians
70. Dissolution and disposal of property of partnership on a member becoming mentally ill
71. Power to apply property 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
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
75. Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased
76. Appeals
77. Power of District Court to make regulations
78. Chapter VII – 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 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.

81. 81.
82. Chapter IX – Penalties And Procedure

82. Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing home in contravention of Chapter III
83. Penalty for improper reception of mentally ill person
84. Penalty for contravention of Secs. 60 and
85. General provision for punishment of other offences
86. Offences by companies
87. Sanction for prosecutions
88. Chapter X – Miscellaneous

88. Provision as to bonds
89. Report by medical officer
90. Pension, etc. of mentally ill person payable by Government
91. Legal aid to mentally ill person at State expense in certain cases
92. Protection of action taken in good faith
93. Construction of reference to certain laws,
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. Effect of Act on other laws
97. Power to remove difficulty
98. Repeal and saving

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