| 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 |
