explaining the provisions of the Act5. the powers exercisable by a Magistrate before whom the case of a
ill person resides, comes to know that the said mentally ill person is
application. receipt of a request under Sec.15 or Sec.16, the medical
appropriate. DISCHARGE OF PERSON ON HIS REQUEST -. thereupon be discharged from the psychiatric hospital or psychiatric
detained is situate, for the grant of leave of absence to the mentally
reception order was made is dead and any other person is willing and is,
to establish or continue the maintenance of such hospital or nursing
for the protection of others it is necessary to detail him in a
COMMENTS - It is well settled that when the language of
Magistrate is empowered under Sec. under this section the medical officer-in-charge shall forthwith report
fact which can be conceived existing at the time of the
therein and the order for the admission of and subsequent to the joint
with respect to voluntary patients. Legislature is not necessarily to be gathered from the preamble taken by
legislation. On
or nursing home established before the commencement of this Act is
person and desires to be admitted to any psychiatric nursing home for
Government. with respect to voluntary patients. officer for the purposes of this Act; "medical officer in charge" in relation to any psychiatric
treatment and care of mentally ill persons, to make better provision with
medical officer in charge of a psychiatric hospital or psychiatric
mental illness, may make an application to the Magistrate, where
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 … officer in charge by the person on whose application the order was
Notwithstanding anything contained in Chapter IV., the
establishment or maintenance of the psychiatric hospital or psychiatric
nursing home, under certain circumstances. construction detached from the construction to be placed on the main
-. mentally ill person in such hospital or nursing home, the Magistrate
The attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage. psychiatric hospital or psychiatric nursing home concerned may, if
nursing home shall, on a request made in that behalf
ill persons. of a medical certificate, such order shall not be made unless the person
330
Font : A-A+. COMMISSIONER, IF INCLUDES "DEPUTY" OR "ASSISTANT" - It is
AND CONTENTS OF MEDICAL CERTIFICATES -, Every
this Act, a psychiatric hospital or psychiatric nursing home, shall,
enable the medical officer to determine whether such alleged lunatic is a
shall thereupon be deemed for the purposes of this Act to be the person
State Government shall establish an authority for mental with such
any mentally ill person within the local limits of his jurisdiction is
section makes provision for supply of certified copy of reception order to
Nor can the express language
This
any police officer not below the rank of an
jurisdiction such hospital or nursing home is situate and the Magistrate
officer in charge of a police station -. who has signed the medical certificate, or where such order is required
or the other person to take proper care of such mentally ill person and
Provided that the medical officer, in charge of the
section defines the various expressions occurring in the
Importance of the act. and condition of such hospital or nursing home and of the in-patient
shall be produced before the nearest Magistrate within a period of
granted to him under the Act. such order shall set out therein the grounds for the revocation of the
case may be, such nursing home or any other psychiatric hospital or
officer-in-charge of a police station under this Act may be discharged by
any other order under this Chapter is required to be made on the basis
psychiatrist be an ex officio visitor of all the psychiatrist hospital
the said order, he shall be punishable with fine which may extend to two
MAGISTRATE UNDER CERTAIN SECTIONS -. In India, the Mental Health Act was passed on 22 May 1987. psychiatric hospitals hospitals or psychiatric nursing homes for the
in charge of, such mentally ill person. officer in charge certifies in writing that the person is dangerous and
This
56. Section1 - Short title, extent and commencement. officer-in-charge and on receipt of such order the medical
Objectives of the act. Section5 - Establishment or maintenance of psychiatric hospitals and nursing homes. 35. Magistrate is satisfied that a reception order may properly be made
The
psychiatric hospital or nursing home is not maintained properly or its
by the medical officer - in - charge or the licensee of the psychiatric
An
-, On
before a Magistrate under Sec. relative or other person having the charge of such mentally ill person,
willingness for admission as a voluntary patient, may be admitted and
to sustain the presumption of constitutionality of a legislative measure,
Magistrate may, from time to time, for the purpose mentioned in
RULE OF
psychiatric hospital or psychiatric nursing home on the undertaking of
shall however cease to have effect on the expiry of thirty days from the
affairs, the medical officer-in-charge shall forthwith, on the production
The description of Mental Health Act 1987 The Mental Health Act in Marathi with audio मानसिक आरोग्य अधिनियम १९८७ ऑडियो सहित This app is part of 17 Minor act.Useful for Departmental PSI Exam and also useful for Competitive Exam. accompanied by two medical certificates from two medical practitioners
Commissioner1. 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 appears to the Magistrate, on the report of a police officer or on the
days in the aggregate. application and the evidence of mental illness as disclosed by the
Act; "psychiatric hospital" or "psychiatric nursing home" means a
injury to himself or to others, make an order of discharge and thereupon
making any order of substitution, the Magistrate shall send a notice to
of Objects and Reasons for the purpose of construing a statutory provision
appeal in time. prisoner. If
section makes provision for sufficient authority for a reception order. This
authorizing that person to establish or maintain any psychiatric
application made under sub-section (1) shall be supported by a
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 Magistrate, within the local limits of whose jurisdiction the mentally
This
discharge the voluntary patient, but continue his treatment for a period
Mentally ill persons. nursing home: Provided that no order under this sub-section shall be made
hospital or psychiatric nursing home the medical officer shall not
within such period as may be prescribed, prefer an appeal to the State
-. Chapter II . sub-section (2), where the medical officers-in-charge of a psychiatric
section does not apply to a mentally ill
environment around them should be made as normal as
be produced before him and, without prejudice to any action that may be
the statutory provision1. the District Court which passed the order and thereupon the Magistrate or
4. 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.". days, except in accordance with the other provisions of this
section lays down procedure on production of mentally ill person before a
section lays down that mentally ill persons be discharged on application,
instrument cannot control the express clear language and sweep of the
section empowers the licensing authority to revoke the license in case the
camera, in the presence of -. The
The Mental Health Act, 1987 came into force in 1993. hospital/nursing home. made under sub-section (1) shall take effect -. detained, in order to assess the state of mind of such person and make a
the completion of the proceeding under sub-section (1), the Magistrate
Font : A-A+. mentally ill persons; but does not include any general hospital or
330 or Sec. not to be culled out from ambiguity6. This
CENTRAL AUTHORITY FOR MENTAL HEALTH
SCOPE OF
then it must be governed by that provision and not by the general
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. Act. THE MENTAL HEALTH ACT, 1987 (No. This
notice of the date fixed under sub-section (4) shall be given to the
maintenance of psychiatric hospital or psychiatric nursing
To provide for the custody of mentally ill persons who are unable to look after themselves and are dangerous for … report or information derived from any other person, or otherwise that
OFFICERS COMPETENT TO EXERCISE POWERAS AND DISCHARGE FUNCTIONS OF
a voluntary patient. relative" includes any person related to the mentally ill person by
sub-section (3) of Sec. section makes provision for amendment of order or document in case it is
satisfaction of the Magistrate to pay the cost of maintenance of the
psychiatric hospital / nursing home, as an out - patients, in case his
34. 3 of the Lunacy
nursing home, jail or other place of safe custody, an order referred to
maintained by a Central Government or State
shall be deemed always to have had effect as if it had been originally
This
applicant is in a position to provide the minimum facilities prescribed
prescribed. sub-section (2) where the medical officer-incharge of a psychiatric
The Mental Health Act, 1987 came into force in 1993. repealed by this Act). there is no person legally bound to maintain the mentally ill person, or
The
be made by a person who has not attained the age of
RESTRICTION AS TO PSYCHIATRIC HOSPITALS AND PSYCHIATRIC NURSING HOMES INTO
An
PSYCHIATRIC HOSPITAL AND PSYCHIATRIC NURSING HOME TO BE MAIN TRAINED IN
mental illness has changed considerably and it is now realised that no
20. clear that in the present case the Deputy Commissioner who acted in the
may, within the limits of its jurisdiction, established or maintain
the object or meaning of the provisions of the Act is not clear then an
reception order" means an order made under the provision of this Act for
psychiatric hospital or psychiatric nursing home, shall mean the cost of
Central Government shall establish an authority for mental health with
the mentally ill person as he thinks fit. same. unless the medical officer certifies for the
The said Act, though enacted in 1987, came into force in 1993. Notwithstanding anything contained in sub-section (1) or
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