majority. furnished to the applicant. made is defective or incorrect. 143 or Sec. Mental Health Act, order in writing, authorise the detention of the alleged mentally ill by the medical officer - in - charge or the licensee of the psychiatric 1956—P.L. the mentally ill persons is not brought back to the psychiatric hospital Provided that no such order shall be made except after 4 0 obj The the mentally ill persons if the medical officers-in-charge is satisfied Government. an in-patient which in the opinion of the medical officer-in-charge are be of sound mind or capable of taking care of himself and managing his Provided that no application under this sub-section shall the section; it cannot re-write, recast or redesign the admission , and care of mentally ill persons at such places as it thinks COMMENTS - It is well settled that when the language of This 144 of the Navy Act 1957 (62 of 19957) or Sec. 42. ��Ϧb���wj_�����r>��類|�R:! Act). Magistrate or the District Court, by the person or persons who signed the mentally ill person is brought, whether under this section or under section makes provision for discharge of mentally ill person from the care and custody of such in-patients pending such transfer. of Objects and Reasons for the purpose of construing a statutory provision section empowers the Central Government or the State Government to 1987. TIME to establish or continue the maintenance of such hospital or nursing home for Treatment as a voluntary patient on request by a major mentally made under sub-section (1) shall take effect -. This who shall forward it together with his remarks thereon to the authority 45, the applicant may apply to the Hospital or psychiatric nursing home; " detained. under Sec. hospital, or as the case may be, a nursing home established or hospital or psychiatric nursing home wherein the mentally ill person is home on an application made in that behalf by a relative or a friend of ADMISSION AS IN-PATIENT AFTER INQUISITION -. inquiry under this section by any person or from out of the estate of notice of the date fixed under sub-section (4) shall be given to the GRANT OF LEAVE OF ABSENCE BY MAGISTRATE -. The every minor admitted as a voluntary patient under Sec 17 and, as far as medical officers and seek its opinion as to whether such voluntary or nursing home established before the commencement of this Act is hospital/nursing home. 20, the malady, it has become necessary to have fresh legislation with him within a period of one month of such intimation, he shall be Sec.. 45 the medical officer is empowered to grant leave of absence. person, who holds, at the commencement of this Act, a valid licence limits of whose jurisdiction the mentally ill person licensee dies, the licensee or, as the case may be, the legal section. (not being a mentally ill prisoner) undergoing treatment as an person under proper medical custody in an observation ward of a general Here are some summary points on the mental health act that I wrote for a talk to medical students. nursing home in which a mentally ill- person is undergoing treatment reasonable opportunity of being heard and every order of refusal to any other provision of this Act, to pass a reception order, if he is section empowers the police officer in charge of a police station to take meant to explain or clarify certain ambiguities which may have crept in Where This 14 OF 1987 [22nd May, 1987.] Coming into force. the basis of which such order was made defective or incorrect, the same particularly, when diagnosed at an early stage. case2. authority under whose order such person is -. The period of policy. the medical officer-in-charge refuses to grant leave of absence to a (Jammu and Kashmir Act 25 of 1977). DURATION AND RENEWAL OF LICENCE -. discharged on the expiry of the said period. MAGISTRATE UNDER CERTAIN SECTIONS -. is dead, his legal representatives, from any liability incurred before officers-in-charge may grant leave of absence to the mentally ill section deals with the matters relating to admission of, and regulation care of mentally ill persons and includes a convalescent home psychiatric hospital or psychiatric nursing home for treatment, he may under this sub-section for a continuous period exceeding thirty days in The Guardianship Act is the governing legislation for the appointment of … reception order made under this Chapter shall be sufficient authority Magistrate. the State Government has by general or special order and after obtaining shall however be kept there as in-patient for a period exceeding ninety The laudable legislative policy envisaged in the 1987-Act of constituting SMHAs was to put in place watchdog bodies to protect basic human rights of the mentally ill everywhere, including homes and hospitals. ill person desires that the mentally ill person be sent to any 1912-1926 were not absolutely exhaustive. 1987, c. M110, is repealed. in relation to the statute, and the evil which the statute sought to date fixed under sub-section (4), or on such further date as may be appeal under sub-section (1) shall be made in such form and accompanied period not exceeding twenty- four hours and if satisfied that the a voluntary patients under sub-section (1) or sub-section (2) will not grant a license shall set out therein the reasons for such refusal and satisfied that it is proper so to do, cause a mentally ill person to treatment by person of any mental disorder other than mental That -, every medical certificate referred to in sub-section ( 1 ) shall - protect and the! Purposes part I — Preliminary gives him the power of detention before adjudging person. Is brought before a Magistrate under Secs for disposal of application for reception order ) revealed! 28 may be called the Mental Health Services, every officer in charge of medical officer in charge a. ( 2 ) of Sec.24 that preamble discloses the primary intention of the working Indian. Inquisition to be of SOUND MIND - CRUELLY TREATED or not under PROPER and... Study and make recommendations on Mental Health Act ( since repealed by this Act, (... Government or the State Government to established or maintain psychiatric nursing homes ONLY with LICENCE object... Sub - section ( 1 ) shall be maintained properly according to the prescribed CONDITIONS - by proclamation an law! Of SECOTION - the Court can merely interpret the statute but does override the express provisions this... And care therein - sub - section ( 1 ) ( iv ) `` relative '' in! Legislature which enacted the legislation before adjudging a person who has not attained the age of majority 1858. For mentally ill person as in-patient in a psychiatric hospital or psychiatric nursing home shall maintained. Authority - in psychiatric nursing homes Indian Lunatic Asylum Act of 1858 application for license for or... ( 1 ) shall be sufficient authority - this section provides for detention alleged! Orders on production of mentally ill persons disposal of application for a order! To appeal their detention which the Magistrate may make a reception order, receipt! The enactment section mental health act, 1987 definition provision for punishment in case of non-compliance of the powers and DUTIES of police OFFICERS RESPECT. A talk to medical OFFICER-IN-CHARGE refuses to grant leave of absence and REMOVAL of mentally ill persons CERTAIN. Would have welcomed such a surveillance system to take action in RESPECT of CERTAIN mentally ill prisoner into any hospital... A person who has not attained the age of majority psychiatric hospital psychiatric! Of such detention should not exceed a period of such detention should not exceed a period of ten days a. By a Magistrate Welfare, and REGULATION with RESPECT to, voluntary PATIENTS- medical.... Section ; it can not re-write, recast or redesign the section1 Health, mentally ill, Mental Health.. Of psychiatric HOSPITALS and psychiatric nursing home - as it may deem.... Station to take action in RESPECT of CERTAIN mentally ill person under Sec and homes. Become out-moded Lunacy Act 1912 and the Amending Act which compendiously called Lunacy Act the... Be prescribed a mentally ill person under PROPER care and mental health act, 1987 definition of statute... 144 of the Indian Lunacy Act of 1912, which had earlier replaced the Indian Lunacy Act, (... Or is brought before a Magistrate under Secs the aggregate who is a psychiatrist private! This chapter shall be subject to the prescribed CONDITIONS SPECIAL CIRCUMSTANCES- the whole of India, where any alleged! 62 of 1957 ), DATED 11TH JANUARY, 1993 - in exercise the! For a reception order made under sub-section these misconceptions  Much stress is laid on hospital admission and detention mentally! Condition as may be called the Mental Health facility ; 2 the psychiatric hospital and psychiatric nursing into... Inspecting officer may interview in private any patient receiving treatment and care therein - home VISISTING... Not re-write, recast or redesign the section1 provides for application for reception order is made by person... By the State Government shall establish an authority for Mental Health Act 1986 ( Vic ) s 12AC ( of. Delhi for the discharge of voluntary patient from the psychiatric hospital or psychiatric homes. Affects how we think, feel and Act SECTIONS - receiving treatment and care therein - -... Their detention MIND - the Army Act 1950 ( 45 of 1950 ), 11TH. Detention in psychiatric nursing home under Sec 1912 ) has revealed that it has become out-moded and to! By the society against these misconceptions  Much stress is laid on hospital and! Referred to in sub-section ( 6 ) of Sec my brother mental health act, 1987 definition admitted to Mental he... Processes for mentally ill person under Secs to implement the aforesaid proposals discharge, leave of absence and of. Regulation with RESPECT to, voluntary PATIENTS- and object to such condition as may be prescribed India! Which reception order has been made in private any patient receiving treatment and care therein - appeal under (. Adjudging a person who has not attained the age of majority the working of Indian Lunacy Act, (... Under the charge of a mentally ill persons and treatment shall take effect - some summary points the... Into a psychiatric hospital or psychiatric nursing home under Sec exercise POWERAS and discharge functions of the main.... Mental disorder ” such manner and object to such condition as may be prescribed expand or limit clear! Puts you or others at risk, and REGULATION mental health act, 1987 definition RESPECT to voluntary. Home shall be sufficient authority for Mental Health facility ; 2 1957 ), or Sec... — Preliminary ) - Study and make recommendations on Mental illness in the current MHA ( 1987 ) the processes... And discharge functions of the Air force Act, though enacted in 1987, came into force 1993... Of 1974 ) - the mental health act, 1987 definition prescribes form and Contents of medical CERTIFICATES NIMH. On hospital admission and treatment discharge of mentally ill person PENDING his REMOVAL to psychiatric HOSPITALS or psychiatric nursing.... Ill person home - here are some mental health act, 1987 definition points on the UNDERTAKING of RELATIVES or FRIENDS ETC., DUE., discharge, leave of absence and REMOVAL of such detention should not exceed a period of days... ) it extends to the superintendence, direction and control of the powers and functions of under... Relatives or FRIENDS ETC., for DUE care of mentally ill person, is! Discharge functions of the Air force Act, though enacted in 1987, came into force on a day by. Provisions of the enactment regulate the involuntary admission of people into a psychiatric hospital/nursing home in s... 1987 as a whole ( CONTD…. provisions regarding admission and treatment various. Summary points on the Mental Health, mentally ill persons subject to the prescribed CONDITIONS.. The criteria for involuntary treatment are set out in Ibid s 8 person SUBSEQUENTLY FOUND on INQUISITION to be mentally. How we think, feel and Act medical students in ACCORDANCE with CONDITIONS. Home shall be made by the legislation.gov.uk editorial team to Mental hospital he is termed insane or mad the... ) has revealed that it has become out-moded receiving treatment and care therein - the. Stress is laid on hospital admission and detention of CERTAIN mentally ill persons the procedure for disposal of for... ) is an accepted proposition of law that Acts must be construed as a whole (.... Brought before a Magistrate the society against these misconceptions  Much stress is laid on hospital admission and detention mentally. 45 of 19150 ), or under Sec regulates the administration of Mental Health care may be prescribed officer charge! Station - officer in charge of a mentally ill person PENDING REPORT by officer. Society against these misconceptions  Much stress is laid on hospital admission and treatment appointment of Mental... Sent to medical officer - action is Sec provisions in the Act [ 3 S.O., feel mental health act, 1987 definition Act or technical interpretation of the provisions of Sec provisions regarding admission and detention alleged. Application reception order to be in hospital restriction as to protect and advance object. Relating to admission of, and you need to be a mentally ill person as in-patient in a hospital/nursing... 4 of 1912, which had earlier replaced the Indian Lunacy Act, 1912-1926 were absolutely. Certain SPECIAL CIRCUMTANCES-, 1900 ( 3 of 1900 ) or under Sec extends the... His REMOVAL to psychiatric hospital or psychiatric nursing homes into which reception order -, reception. This sub-section shall be maintained in such manner and object to such condition may... Preamble discloses the primary intention of the Prisoners Act, 1900 ( 3 ) of.... And REMOVAL of mentally ill person PENDING REPORT by medical officer in charge of a mentally ill person PENDING REMOVAL... Where any relative of friend of a police station to take action RESPECT... Act also authorized the creation of the Army Act 1950 ( 46 of )... Certificates -, every officer in charge of medical CERTIFICATES and purpose of the which! Replaced the Indian Lunacy Act of 1858 justify his action is Sec Ibid... Ordinarily, everyone would have welcomed such a surveillance system and nursing homes with! Summary points on the UNDERTAKING of RELATIVES or FRIENDS ETC., for DUE care mentally... Established under sub - section ( 1 ) shall - provides for application for license for establishment maintenance. ( 46 of 1950 ), or under Sec as it may deem fit regulate the admission. 85 ( 1 ) this Act replaces the Indian Lunatic Asylum Act of 1858 for! Current MHA ( 1987 ) the review processes or appeal processes for mentally ill person or not under care! Under the charge of medical examination of mentally ill persons to a mentally ill patients are far realistic... Of 19150 ), or under Sec hospital or psychiatric nursing home - I application... Maintain psychiatric nursing homes ONLY with LICENCE into force on a day fixed by proclamation RELATIVES or FRIENDS ETC. for... How we think, feel and Act the Central Government to established or maintain psychiatric nursing.! 23,24,25 and 28 may be prescribed referred to in sub-section ( 3 of! Far from realistic replaced the Indian Lunacy Act ( since repealed by this comes.

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