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 Home > LAWYERS > Family and Health Law > Health and Medical > Medical |
5
The Mental Health Act, 1987, repealed the Indian Lunacy Act, 1912 with a clear aim and object to consolidating the law relating to mentally ill persons, better management of the property of a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.
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 
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