Mental Health Act, 1987

The Mental Health Act, 1987, repealed the Indian Lunacy Act, 1912 with a clear aim and object to consolidating the law relating to mentally ill persons, better management of the property of a mentally ill person and for dealing with matters connected with the affairs of the property of mentally ill, with the overall object that a mentally ill person be given all protection. It is a social welfare legislation.

The learned author has written a para-wise commentary on this Act giving notes and comments on the sections and has referred to the latest case-law. As the Act of 1987 is not retrospective in nature, the book also contains the text of the Indian Lunacy Act, 1912. The approach of the learned author is directly supplemented by a simple and lucid exposition. The rights and duties, remedies and procedure have been analysed and spelt out clearly.

Various facts of medical legal jurisprudence have also been indicated in the book. The subject has been so dealt with, that it gives a quick and easy reference on any point needed.

• Current Indian Statutes :
This book will be found very useful by lawyers, Judges, Magistrates, Officers and Doctors who are connected with this subject. The presentation of the book is excellent.

• Review Projector :
The new Act owes so much to the old Act that the new Act can not be properly understood without referring to the old one. The author has successfully woven the relevant case-law on the point in the different chapters of the book. The fact that the cases make law and develop law, has been kept in mind by the author. He has also used the quotations from the different cases to support his line of thinking. The British law has also been mentioned in the book to make it a comparative study.

• Cuttack Law Times :
The book gives a comparative study on the subject while giving reference to the old law. Medico Legal Jurisprudence, past settled position of law and changed situations and how the present law is competent to fill up the needs of the time, etc. are sprinkled in this book.

• Pioneer :
The book is designed to be a complete code in itself with the sole aim of quick and easy reference on any point needed by the lawyers, judges, magistrates, officers, doctors and those who are connected and interested in the subject.

                   PREAMBLE

                   Short title, extent and commencement 2
                   Definitions 2

                   Central Authority for Mental Health Services 16
                   State Authority for Mental Health Services 19

                   Establishment or maintenance of psychiatric hospitals and
                   psychiatric nursing homes 21
                   Establishment or maintenance of psychiatric hospitals or psychiatric
                   nursing homes only with licence 23
                   Application for licence 24
                   Grant or refusal of licence 26
                   Duration and renewal of licence 28
                   Psychiatric hospital and psychiatric nursing home to be maintained
                   in accordance with prescribed conditions 31
                   Revocation of licence 32
                   Appeal 34
                   Inspection of psychiatric hospitals and psychiatric nursing homes
                   and visiting of patients 35
                   Treatment of out-patients 37

                   Request by major for admission as voluntary patients 38
                   Request by guardian for admission of a ward 38
                   Admission of, and regulation with respect to, voluntary patient 39
                   Discharge of voluntary patients 40

                   Admission of mentally ill persons under certain special circumstances 43

                   Application for reception order 45
                   Form and contents of medical certificates 48
                   Procedure upon application for reception order 49

                   Powers and duties of police officers in respect of certain
                   mentally ill persons 53
                   Procedure on production of mentally ill person 54
                   Order in case of mentally ill person cruelly treated or not under
                   proper care and control 56

                   Admission as inpatient after inquisition 59
                   Admission and detention of mentally ill prisoner 60
                   Detention of alleged mentally ill person pending report
                   by medical officer 60
                   Detention of mentally ill person pending his removal to psychiatric
                   hospital or psychiatric nursing home 62

                   Time and manner of medical examination of mentally ill person 62
                   Authority for reception order 63
                   Copy of reception order to be sent to medical officer in charge 64
                   Restriction as to psychiatric hospitals and psychiatric nursing homes
                   into which reception order may direct admission 65
                   Amendment of order or document 65
                   Power to appoint substitute for person upon whose application
                   reception order has been made 66
                   Officers competent to exercise powers and discharge functions
                   of Magistrate under certain sections 69

                   Appointment of Visitors 70
                   Monthly inspection by Visitors 71
                   Inspection of mentally ill prisoners 73

                   Order of discharge by medical officer incharge 74
                   Discharge of mentally ill persons on application 75
                   Order of discharge on the undertaking of relatives or friends, etc.,
                   for due care of mentally ill person 76
                   Discharge of person on his request 77
                   Discharge of person subsequently found on inquisition to
                   be of sound mind 78

                   Leave of absence 79
                   Grant of leave of absence by Magistrate 83

                   Removal of mentally ill person from one psychiatric hospital or
                   psychiatric nursing home to any other psychiatric hospital or
                   psychiatric nursing home 84
                   Admission, detention and retaking in certain cases 85
                   Appeal from orders of Magistrate 86

                   Application for judicial inquisition 86
                   Issues on which finding should be given by District Court
                   after inquisition 96
                   Provision for appointing guardian of mentally ill person and for
                   manager of property 97
                   Appointment of guardian of mentally ill person 100
                   Appointment of manager for management of property of
                   mentally ill person 101
                   Appointment of manager by Collector 102
                   Manager of property to execute bond 103
                   Appointment and remuneration of guardians and managers 104
                   Duties of guardian and manager 105
                   Powers of manager 106
                   Manager to furnish inventory and annual accounts 109
                   Manager's power to execute conveyances under orders of
                   District Court 109
                   Manager to perform contracts directed by District Court 110
                   Disposal of business premises 111
                   Manager may dispose of leases 111
                   Power to make order concerning any matter connected with
                   mentally ill person 112
                   Proceeding if accuracy of inventory or accounts is impugned 112
                   Payment into public treasury and investment of proceeds of estate 113
                   Relative may sue for account 113
                   Removal of managers and guardians 114
                   Dissolution and disposal of property of partnership on a member
                   becoming mentally ill 116
                   Power to apply property for maintenance of mentally ill person
                   without appointing manager in certain cases 116
                   Power to order transfer of stock, securities or shares belonging to
                   mentally ill person in certain cases 117
                   Power to order transfer of stock, securities or shares of mentally
                   ill person residing out of India 118
                   Power to apply property for mentally ill person's maintenance
                   in case of temporary mental illness 119
                   Action taken in respect of mentally ill person to be set aside if
                   District Court finds that his mental illness has ceased 119
                   Appeals 121
                   Power of District Court to make regulations 122

                   Cost of maintenance to be borne by Government in certain cases 122
                   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 123
                   Persons legally bound to maintain mentally ill person not absolved
                   from such liability 124

                   Penalty for establishment or maintenance of psychiatric
                   hospital or psychiatric nursing home in contravention of Chapter III 125
                   Penalty for improper reception of mentally ill person 126
                   Penalty for contravention of Sections 60 and 69 126
                   General provision for punishment of other offences 127
                   Offences by companies 127
                   Sanction for prosecutions 128

                   Provision as to bonds 129
                   Report by Medical officer 129
                   Pension, etc., of mentally ill person payable by Government 129
                   Legal aid to mentally ill person at state expense in certain cases 131
                   Protection of action taken in good faith 133
                   Construction of reference to certain laws, etc. 133
                   Power of Central Government and State Government to make rules 134
                   Rules made by Central Government or the State Government
                   to be laid before the Legislature 137
                   Effect of Act on other laws 137
                   Power to remove difficulty 137
                   Repeal and saving 137
                   APPENDIX-The Indian Lunacy Act, 1912 138

                   Forms under Section 15 II-1
                   Forms under Section 16 II-2
                   Forms under Section 18 II-3
                   Forms under Section 19 II-5
                   Forms under Section 21 II-6
                   Forms under Section 25 II-7
                   Forms under Section 26 II-9
                   Forms under Section 35 II-10
                   Forms under Section 40 II-13
                   Forms under Section 41 II-16
                   Forms under Section 42 II-19
                   Forms under Section 43 II-20
                   Forms under Section 44 II-23
                   SUBJECT-INDEX 177