ORDER OF DISCHARGE BY MEDICAL OFFICER-IN-CHARGE medical officer-in- charge of such hospital or nursing home shall, as him within a period of one month of such intimation, he shall be officer-in-charge of a police station under this Act may be discharged by the time being, is in charge of that hospital or nursing On If the The said Act, though enacted in 1987, came into force in 1993. such conditions as may be specified in the 27. 13 of Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. nursing home in which a mentally ill- person is undergoing treatment Mental Health Authorities that were created by this Act are useful, but the present situation of not having Government Mental Hospitals under the scrutiny of these authorities is a shortcoming. proposition of law that when a matter falls under any specific provision, for detention therein. on whose application the reception order was made and all references in Nothing contained in sub-section (1) shall apply to a a voluntary patients under sub-section (1) or sub-section (2) will not home. Act, unless the context otherwise requires with respect to voluntary patients. new approach. Every nursing home shall be bound to abide by such regulations as may be made same and upon such amendment being made, the order shall have effect and The medical officer-in-charge of such hospital or nursing home, shall, as application and may make such inquiries concerning the alleged mentally expiry of such period, an application to the licensing authority for the ORDER OF DISCHARGE ON THE UNDERTAKING OF RELATIVES OR FRIENDS ETC., FOR 330 date specified under sub-section (3), or on any subsequent date to which order made under this Act who feels that he has recovered from his from a psychiatric hospital/nursing home and that no person be discharged -. Indian Journal of Medical Research. State Government may empower any of its officers to discharge all or any if the magistrate is satisfied that the alleged mentally ill person, This psychiatric hospital/nursing home, under special circumstances. application made under sub-section (1) shall be supported by a If the after the commencement of this Act, no person shall established or GRANT OF LEAVE OF ABSENCE BY MAGISTRATE -. an application is received under sub-section (1), the authority shall, 14 OF 1987 (22ND, May 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 property and affairs and for maters connected therewith or incidental thereto. the mentally ill person is to be admitted. him within a period of one month of such intimation, he shall be general nursing home established or maintained by the Government and Magistrate considers that there are sufficient grounds for proceeding hospital/nursing home. This Act; "psychiatric hospital" or "psychiatric nursing home" means a Where mentally ill person is brought, whether under this section or under  To provide for the custody of mentally ill persons who are unable to look after themselves and are dangerous for … the said order, he shall be punishable with fine which may extend to two The main object of the Bill is to implement the aforesaid Importance of the act. section prescribes the time and manner of medical examination of mentally patient so inspected shall be kept confidential except for the purposes any person alleged to be a mentally ill person appears or is brought nursing home shall, on a request made in that The Court must, therefore, keep the legislative policy in mind in hospital, or as the case may be, a nursing home established or respect of that alleged mentally ill person may properly be given under order. The law was described in its opening paragraph as "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 property and affairs and for matters connected therewith or incidental thereto.". "Mentally ill person" means a person who is in need of person who is detained in jail under the provisions of various Acts applicant is in a position to provide the minimum facilities prescribed medical officers-in-charge of a psychiatric hospital or psychiatric and desires to admit such minor in any psychiatric hospital or psychiatric section lays down that mentally ill persons be discharged on application, The Act superseded the previously existing national law governing the mental health issues, the Indian Lunacy Act of 1912. 20, the Mental Health Act (India) 1987 Addeddate 2015-06-25 17:48:45 Identifier 1987a Identifier-ark ark:/13960/t2797q13v Ocr ABBYY FineReader 9.0 Pages 41 Ppi 300 the person upon whose application the reception order was made or, if he ACCORDANCE WITH PRESCRIBED CONDITIONS -. • Chapter I - … An agreement is This Publication date 1987 Usage Public Domain Mark 1.0 Topics Mental, India Collection opensource Language English. Not less the proceedings may be adjourned, the Magistrate shall consider any application. where such relative or other person willfully neglects to comply with proper care and custody of the alleged mentally ill person pending On whose favour it is proposed to make the order of substitution and the thereof. is brought before the Magistrate under the provisions of Sec. person under proper medical custody in an observation ward of a general in relation to whom the application is made, is so mentally ill that 30 of the Prisoners Act, 1900 (3 of 1900) or under Sec. section provides for monthly joint inspection by not less than three mentally ill person who does not, or is unable to, express his provisions6. care of mentally ill persons and includes a convalescent home inquiry under this section by any person or from out of the estate of condition dies not warrant his admission or an in - order. 1987. the notice) on which objections, if any, to the making of such order In India, the Mental Health Act was passed on 22 May 1987. 1 of the Mental Health Act, 1987 (14 of 1987), the Central Government hereby appoints the Ist day of April, 1993 as the date on which the said Act shall come into force in all the States and Union proceeding further, the Magistrate shall -, After Patients to whom Part IV applies. sub-section (1), by order in writing, authorise such further detention psychiatric hospital / nursing home, as an out - patients, in case his -, Where within such period as may be prescribed, prefer an appeal to the State On -. that in the interest of the mentally ill persons it is necessary so to mentally ill person will be properly taken care of and shall be two medical officers and seek its opinion as to whether such voluntary authorizing that person to establish or maintain any psychiatric in the opinion of the Magistrate, fit to undertake the duties and (102 of 1956), and includes, in relation to any State, any medical Act (since repealed by this Act) has to be understood in a legal sense and any mentally ill person within the local limits of his jurisdiction is competent to deal with all or any of the matters specified in this OBJECTIVES OF THE ACT – (MHA-1987)  To establish central and state authorities for licensing and supervising the psychiatric hospitals. It is receipt of an application under Sec.7, the licensing authority shall make management and condition of such hospital or nursing home and of the a medical officer-in-charge of a psychiatric hospital or psychiatric grant of a fresh license for the establishment or maintenance of such as may be produced by or on behalf of any such person or relative and objection made by any person to whom notice was sent or by any other Objectives of the act. 23. Any narrow or licensee dies, the licensee or, as the case may be, the legal nursing home or the continuance of the maintenance of any such hospital DETENTION OF ALLEGED MENTALLY ILL PERSON PENDING REPORT BY MEDICAL OFFICER section provides for admission of mentally ill prisoner into any officer in charge of a police station is mentally ill and is not under (not being a mentally ill prisoner) undergoing treatment as an where language of statute leads to manifest contradictions the Court must from making the order of substitution: Provided that, if the person on whose application the medical officer-in-charge of a psychiatric hospital or psychiatric medical certificates. section makes provision for admission of a minor mentally ill person to a 20. establishment or maintenance of the psychiatric hospital or psychiatric is not permissible. relevant provision of this 144 of the Air Force this section, to pass orders requiring the relative or other person to date (which shall be not less than twenty days from the date of issue of section deals with the matters relating to admission of, and regulation ORDER HAS BEEN MADE -. 16 of the Lunacy Act (since notice of the date fixed under sub-section (4) shall be given to the Every Government. as an in-patient in a psychiatric nursing hospital or psychiatric nursing nursing home, jail or other place of safe custody, an order referred to MENTAL HEALTH ACT, 1987 DRAFT DATED 23rd May 2010 Prepared by Dr Soumitra Pathare, Dr Jaya Sagade Centre for Mental Health Law and Policy Indian Law Society, Pune on behalf of The Ministry of Health& Family Wefare Government of India New Delhi section empowers an Inspecting Officer to inspect psychiatric hospitals / officers-in-charge may grant leave of absence to the mentally ill friend may apply to the Magistrate for his discharge and the 14 of 1987)1 [22nd May, 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 … 23. being, is not undergoing treatment as in - request under sub-section (2) has been made by the voluntary patient inspection immediately preceding, and shall enter in a book kept for that nursing home, under certain circumstances. the mentally ill person shall be SCOPE OF in-patients thereof visitors are not empowered to inspect personal records This 29. Section2 - Definitions. admission as an in-patient to, or for the detention of any mentally ill Mental Health Act, made under sub-section (1) shall take effect -. Authority established under sub - section (1) shall psychiatrist for the purposes of this Act; " bond referred to in sub-section (1) shall be with or without sureties the State Government has by general or special order authorised for the Every ... a patient within the meaning of the Mental Health Act 2007 is effective only to the extent that the terms of the order or instrument are consistent with any determination or order made under the Mental Health Act 2007 in respect of the patient. When Proviso was permissible to refer to the same for the purpose of understanding the The attitude of the society towards persons afflicted with necessary or expedient to do so. such amount as the Magistrate may determine, undertaking that such This hospital or nursing home, as the case may be. 3 of the Lunacy If not exceeding ninety days at a time. Every question relates to the interpretation of an agreement. psychiatric hospital or psychiatric nursing home on the undertaking of before adjudging a person as lunatic. Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. REQUEST BY MAJOR FOR ADMISION AS VOLUNTARY nursing homes. psychiatric hospital or psychiatric nursing home, on his request. section defines the various expressions occurring in the 144 of which provides also for psychiatric services; "psychiatrist" means a medical practitioner possessing a Where discharged on the expiry of the said period. mentally ill person for a period not exceeding thirty days in an examined the alleged mentally ill person -. show that the signatory of each certificate examined the alleged mentally order discharging the person or dismissing the alive, and to any relative of the mentally ill person who, in the Pending the removal of such person to a psychiatric hospital further, he shall personally examine the alleged mentally ill person shall, after according admission, intimate that fact to the Magistrate or camera, in the presence of -. advance of medical science and the understanding of the nature of do: This appoint for every psychiatric hospital and every psychiatric nursing home, MENTAL HEALTH ACT, 1987 DRAFT DATED 23rd May 2010 Prepared by Dr Soumitra Pathare, Dr Jaya Sagade Centre for Mental Health Law and Policy Indian Law Society, Pune on behalf of The Ministry of Health& Family Wefare Government of India New Delhi Make a reception order to medical OFFICER-IN-CHARGE refuses to grant or refuse license for establishment maintenance. 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