Contents

Sections

Particulars

Title

The Mental Health Act, 1987

Chapter I

Preliminary

1.

Short title, extent and commencement

2.

Definitions

Chapter II

Mental Health Authorities

3.

Central Authority for Mental Health Services

4.

State Authority for Mental Health Services

Chapter III

Psychiatric Hospitals and Psychiatric Nursing Homes

5.

Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes

6.

Establishment or maintenance of psychiatric hospitals or psychiatric nursing homes only with licence

7.

Application for licence

8.

Grant or refusal of licence

9.

Duration and renewal of licence

10.

Psychiatric hospital and psychiatric nursing home to be maintained in accordance with prescribed conditions

11.

Revocation of licence

12.

Appeal

13.

Inspection of psychiatric hospitals and psychiatric nursing homes and visiting of patients

14.

Treatment of outpatients

Chapter IV

Admission and Detention in Psychiatric Hospital or Psychiatric Nursing Home

Part I

Admission on Voluntary Basis e

15.

Request by major for admission as voluntary patient

16.

Request by guardian for admission of a ward

17.

Admission of, and regulation with respect to, voluntary patients

18.

Discharge of voluntary patients

Part II

Admission Under special Circumstances

19.

Admission of mentally ill persons under certain special circumstances

Part III

Reception Orders

A.

Reception Orders on Applications

20.

Application for reception order

21.

Form and contents of medical certificates

22.

Procedure upon application for reception order

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

24.

Procedure on production of mentally ill person

25.

Order in case of mentally ill person cruelly treated or not under proper care and control

C.

Further provisions regarding admission and detention of certain mentally ill persons

26.

Admission as inpatient after inquisition

27.

Admission and detention of mentally ill prisoner

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

D.

Miscellaneous provisions in relation to order 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

39.

Inspection of mentally ill prisoners

Part II

Discharge

40.

Order of discharge by medical officer in charge

41.

Discharge of mentally ill persons on application

42.

Order of discharge on the undertaking of relatives or friends, etc., for due care of mentally ill person

43.

Discharge of person on his request

44.

Discharge of person subsequently found on inquisition to be of sound mind

Part III

Leave of Absence

45.

Leave of absence

46.

Grant of leave of absence by Magistrate

Part IV

Removal

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 retaking in certain cases

49.

Appeal from orders of Magistrate

Chapter VI

Judicial 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 for manager of property

53.

Appointment of guardian of mentally ill person

54.

Appointment of manager for management of property 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

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 VII

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 persons 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

85.

General provision for punishment of other offences

86.

Offences by companies

87.

Sanction for prosecutions

Chapter X

Miscellaneous

88.

Provision as to bonds

89.

Report by medical officer

90.

Pension, etc., of mentally ill person payable by Government

91.

Legal aid to mentally ill person at State expense in certain 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.

Rules 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