The Mental Health Act, 1987 (Bare Act)/ Universal Law Publishing

THE MENTAL HEALTH ACT, 1987
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 2
2. Definitions 2
CHAPTER II
MENTAL HEALTH AUTHORITIES
3. Central Authority for Mental Health Services 4 4. State Authority for Mental Health Services 4
CHAPTER III
PSYCHIATRIC HOSPITALS AND PSYCHIATRIC
NURSING HOMES
5. Establishment or maintenance of psychiatric hospitals and nursing homes . 5 6. Establishment or maintenance of psychiatric hospitals or psychiabic nursing homes only with licence . 6 7. Application for licence . 6
8. Grant or refusal of licence . 6
9. Duration and renewal of licence . 7 10. Psychiatric hospital and psychiatric nureing home to be maintained in accordance with prescribed conditions . 7
11. Revocation of licence . 8 12. Appeal . 8 13. Inspection of psychiatric hospitals and psychiatric nursing homes and visiting of patients . 8
14. Treatment of out-patients . 9
CHAPTER IV
ADMISSION AND DETENTION IN PSYCHIATRIC HOSPITAL, OR PSYCHIATRIC NURSING HOME
PART 1
Admission on voluntary basis
15. Request by major for admission as voluntary patient 9 16. Request by guardian for admission of a ward 9 17. Admission of, and regulation with respect to, voluntary patients 9 18. Discharge of volimtary patients 9
PART n
Admission under special circumstances
19. Admission of mentally ill persons under certain special circiunstances 10
PART m I Reception orders | A.—Reception order on applications ^ 20. Application for reception order . . . 11 |
21. Form and contents of medical certificates . . . 12
22. Procedure upon application for reception order . . . 12 ' B.—Reception orders on production of mentally ill persons before Magistrate
23. Powers and duties of police officers in respect ; of certain mentally ill persons . 13 24. Procedure on production of mentally ill person . 14 25. Order in case of mentally ill person cruelly treated or not under proper care and control • 15 C.—Further provisions regarding admission and detention of certain mentally ill persons 26. Admission as inpatient after inquisition • 15 27. Admission and detention of mentally ill prisoner . 16 28. Detention of alleged mentally ill person pending report by medical officer • 29. Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home . . . 16 D.—Miscellaneous provisions in relation to orders under this Chapter
30. Time and manner of medical examination of mentally ill person . 31. Authority for reception order 32. Copy of reception order to be sent to medical officer in-charge . 33. Restriction as to psychiatric hospitals; and psychiatric nursing homes into which reception order may direct admission 34. Amendment of order or document 35. Power to appoint substitute for person upon whose application reception order has been made 36. Officers competent to exercise powers and discharge functions of Magistrate under certain sections CHAPTER V INSPECTION, DISCHARGE, LEAVE OF ABSENCE AND REMOVAL OF MENTALLY ILL PERSONS
PART I
Inspection
37. Appointment of Visitors 38. Monthly inspection by Visitors 20 39 Inspection of mentally ill prisoners ^ PART n Discharge 20
40 Order of discharge by medical officer in charge 2i 41 Discharge of mentaUy ill persons on application 42. Order of discharge on the underUking of relatives or friends, etc., 2l for due care of mentally ill person 2l 43. Discharge of person on his request
44. Discharge of person subsequently found on inquisition
to be of sound mind
PART in
Leaxx of absence
45. Leave of absence
46. Grant of leave of absence by Magistrate
PARTIV
Remotfal
47. Removal of mentally ill person from one psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home
48. Admission, detention and retailing in certain cases 49. Appeal from orders of Magistrate
CHAPTER' VI
JUDiaAL INQUISITION REGARDING ALLEGED MENTALLY ILL PERSON POSSESSING PROPERTY, CUSTODY OF HIS PERSON
AND MANAGEMENT OF HIS PROPERTY
50. Application for judicial inquisition 51. Issues on which finding should be given by District Court after inquisition 52. Provision for appointing guardian of mentally ill person and fbr manager of property . 53. Appointment of guardian of mentally ill person . 54. Appointment of manager for management of properly of mentally ill person 55. Appointment of manager by Collector
56. Manager of property to execute bond 57. Appointment and remuneration of guardians and managers 58. Duties of guardian and manager
59. Powers of manager 60. Manager to furnish inventory and annual accounts 61. Manager's power to execute conveyances under orders of District Court. 62. Manager to perform contracts directed by District Court
63. Disposal of business premises 64. Manager may dispose of leases
65. Power to make order concerning any matter connected with mentally ill person 66. Proceeding if accuracy of inventory or accounts is impugned 67. Payment into public treasury and investment of proceeds of estate. 68. Relative may sue for account 69. Removal of managers and guardians 70. Dissolution and disposal of property of partnership on a member becoming mentally ill 71. Power to apply property for maintenance of mentally ill person without appointing manager in certain cases
72. Power to order transfer of stock, securities or shares belonging to mentally ill person in certain cases

Sections
73. Power to order transfer of stock, securities or shares of mentally ill persons residing out of India 74. Power to apply property for mentally ill person's maintenance in case of temporary mental illness 75. Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased
76. Appeals
77. Power of District Court to make regulations
CHAPTER Vll
LIABILITY TO MEET COST OF MAINTENANCE OF MENTALLY ILL PERSONS DETAINED IN PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME
78. Cost of maintenance to be borne by Government in certain cases . 79. 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 80. Persons legally bound to maintain mentally ill person not absolved from such liability
CHAPTER VIII PROTECTION OF HUMAN RIGHTS OF MENTALLY ILL PERSONS 81. Mentally ill persoiw to be treated without violation of human rights CHAPTER IX
PENALTIES AND PROCEDURE 82. Penalty for establishment or maintenance of psychiatric hospital or psychiatric nursing home in contravention of Chapter III 83. Penalty for improper reception of mentally ill person 84. Penalty for contravention of sections 60 and 69 g5_ General provision for punishment of other offences
86. Offences by companies 87. Sanction for prosecution
CHAPTER X
MISCELLANEOUS
Provision as to bonds Report by medical officer
88.
89. - y-i t 90. Pension, etc., of mentaUy ill person payable by Government 91. Legal aid to mentally ill person at State expense in certam cases 92. Protection of action taken in good faith 93 Construction of references to certain laws, etc. 94. Power of Central Government and State Government to make rules 95. Rides made by Central Government or the State Government to be laid before the Legislature ^ 96. Effect of Act on other laws 97. Power to remove difficulty 98. Repeal and saving

THE CENTRAL MENTAL HEALTH AUTHORITY RULES, 1990
Rules
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER II
CENTRAL MENTAL HEALTH AUTHORITY
3. Constitution of the authority 4. Disqualification
5. Chairman
6. Term of office of members
CHAPTER III
PROCEEDINGS OF THE AUTHORITY
7. Meetings of the authority
8. Subjects for special meeting
9. Subjects for the armual meeting 10. Procedure for holding meetings 11. Proceedings of the authority
12. Approval by circulation 13. Secretary to the authority 14. Forwarding of copies of the proceedings of tlie authority to the
Central Government

THE STATE MENTAL HEALTH RULES, 1990
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER II
STATE MENTAL HEALTH AUTHORITY
3. Cot\stitution of the authority
4. Disqualification
5. Chairman
6. Term of office of members
CHAPTER III
PROCEEDINGS OF THE AUTHORITY
7. Meetings of the authority 8. Subjects for special meeting 9. Subjects for the annual meeting 10. Procedure for holding meetings 11. Proceedings of the authority
12. Approval by circulation