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Bar News Acts League

The Mental Health Act, 1987

Act ID: 1987

The Mental Health Act, 1987

"An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons. Repealed by Mental Healthcare Act, 2017."

Table of Contents

98 Sections

Ch. IP

reliminary

S.1Short title, extent and commencement S.2Definitions S.55[Repealed]

Ch. IIMe

ntal Health Authorities

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

Ch. IIIP

sychiatric Hospitals And Psychiatric Nursing Homes

S.5Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes S.6Establishment or maintenance of psychiatric hospitals or psychiatric nursing homes only with license S.7Application for license S.8Grant or refusal of license S.9Duration and renewal of license S.10Psychiatric hospital and psychiatric nursing home to be maintained in accordance with prescribed conditions S.11Revocation of license S.12Appeal S.13Inspection of psychiatric hospitals and psychiatric nursing homes and visiting of patients S.14Treatment of out-patients

Ch. I

– Admission on voluntary basis

S.15Request by major for admission as voluntary patient S.16Request by guardian for admission of a ward S.17Admission of, and regulation with respect to, voluntary patients S.18Discharge of voluntary patients

Ch. II

– Admission under special circumstances

S.19Admission of mentally ill persons under certain special circumstances

Ch. III

– Reception orders

S.20Application for reception order S.21Form and contents of medical certificates S.22Procedure upon application for reception order S.23Powers and duties of police officers in respect of certain mentally ill persons S.24Procedure on production of mentally ill person S.25Order in case of mentally ill person cruelly treated or not under proper care and control S.26Admission as inpatient after inquisition S.27Admission and detention of mentally ill prisoner S.28Detention of alleged mentally ill person pending report by medical officer S.29Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home S.30Time and manner of medical examination of mentally ill person S.31Authority for reception order S.32Copy of reception order to be sent to medical officer in charge S.33Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission S.34Amendment of order or document S.35Power to appoint substitute for person upon whose application reception order has been made S.36Officers competent to exercise powers and discharge functions of Magistrate under certain sections

Ch. I

– Inspection

S.37Appointment of Visitors S.38Monthly inspection by Visitors S.39Inspection of mentally ill prisoners

Ch. II

– Discharge

S.40Order of discharge by medical officer in charge S.41Discharge of mentally ill persons on application S.42Order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person S.43Discharge of person on his request S.44Discharge of person subsequently found on inquisition to be of sound mind

Ch. III

– Leave of absence

S.45Leave of absence S.46Grant of leave of absence by Magistrate

Ch. IV

– Removal

S.47Removal of mentally ill person from one psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home S.48Admission, detention and re-taking in certain cases S.49Appeal from orders of Magistrate

Ch. VIJ

udicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property, Custody Of His Person And Management Of His Property

S.50Application for judicial inquisition S.51Issues on which finding should be given by District Court after inquisition S.52Provision for appointing guardian of mentally ill person and for manager of property S.53Appointment of guardian of mentally ill person S.54Appointment of manager for management of property of mentally ill person S.56Manager of property to execute bond S.57Appointment and remuneration of guardians and managers S.58Duties of guardian and manager S.59Powers of manager S.60Manager to furnish inventory and annual accounts S.61Managers power to execute conveyances under orders of District Court S.62Manager to perform contracts directed by District Court S.63Disposal of business premises S.64Manager may dispose of leases S.65Power to make order concerning any matter connected with mentally ill person S.66Proceeding if accuracy of inventory or accounts is impugned S.67Payment into public treasury and investment of proceeds of estate S.68Relative may sue for account S.69Removal of managers and guardians S.70Dissolution and disposal of property of partnership on a member becoming mentally ill S.71Power to apply property for maintenance of mentally ill person without appointing manager in certain cases S.72Power to order transfer of stock, securities or shares belonging to mentally ill person in certain cases S.73Power to order transfer of stock, securities or shares of mentally ill person residing out of India S.74Power to apply property for mentally ill persons maintenance in case of temporary mental illness S.75Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased S.76Appeals S.77Power of District Court to make regulations

Ch. VIILia

bility To Meet Cost Of Maintenance Of Mentally

S.78Cost of maintenance to be borne by Government in certain cases S.79Application 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 S.80Persons legally bound to maintain mentally ill person not absolved from such liability

Ch. VIIIP

rotection Of Human Rights Of Mentally Ill Persons

Ch. IXP

enalties And Procedure

S.82Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing home in contravention of Chapter III S.83Penalty for improper reception of mentally ill person S.84Penalty for contravention of sections 60 and 69 S.85General provision for punishment of other offences S.86Offences by companies S.87Sanction for prosecutions

Ch. XMis

cellaneous

S.88Provision as to bonds S.89Report by medical officer S.90Pension, etc., of mentally ill person payable by Government S.91Legal aid to mentally ill person at State expense in certain cases S.92Protection of action taken in good faith S.93Construction of reference to certain laws, etc S.94Power of Central Government and State Government to make rules S.95Rules made by Central Government or the State Government to be laid before the Legislature S.96Effect of Act on other laws S.97Power to remove difficulty S.98Repeal and saving