 the nentaj health bill, 1978 (to be/as introduced in· lok sabha) , 1 page 3, line 21,-,fg£ ''psrsons'' read "persons" page 4t line 2'1-," ' ill "makwe " ~ "make" 3 page 6, line 21,-fq£ "setion" read "section" 4 page'11, line 8,-for "is" ~ "in" 5 page 11, line 34,-fer ''me dial " ~ "me dical " 6 page 12, line 43,-for "in" ~ "ill " 7 page 13, line 45, ~ for "iii" read ''ill'' 8 page 14, line 13,-:':'or "mal gstrate" r' ae: ''magi stratt:::" page 15, line 32,-, for "in-patient ti ~ "inpatient it 10 page 16, line 9,-for "in-patient" ~ "inpatient" 11 - page 16,-against line 12, in the marginal citation,-ill "30 0 f 1900" !£~ "3 of 19 q)" 12 page 16, in the marginal heading to clause 32,-for ''psychiartic- hospital )or psychiartic" ~ ''psych1a~ric hospital or psychiatric" 13 page 20, line 2,  for "of the" read "of their" 14 page 20, in the marginal heading to clause 42,-after "mentally" insert ''ill'' 15 page 23, in the marginal heading to clause 50,-£2! ''psych1ajric hospital" ~­"psychiatric hospit al" 16 page 23, line sj,-for "i s " re ad ''i t " 17 page 24, line 10,-for 'magi st arate " read "l'1agistrate" 18 page 25,-against line 2, for the existing marginal citation,-read "5 of /900 it 19 page 26, lffie17,-f2!: "cour" read 19a page 26, line 35,-"court" f2£ "the re sponsi ble ii ~ "be re sponsi ble" 20 page 27, line 2,-ill "rele ase" ~ad "re alise" 21 page 31, in the marginal heading to clause 85,-for ''psychatric nursing" read --"p sychiatric rrursing" 22 page 38, line 1,-fqr "notes of clauses" read "notes on clauses" 23 page 39, line 4,-for "0 f discharge" 24 page 41, line 14, -!ql: ~ "or discharge" "friend s" ~ "friend" new delhi; nax- ~ 19z3  the mental heal th bil~) 1,978 arrangement of clauses' -- chapter i preliminary claus1 short title, extent and commencement 2 definitions  chapter ii psychiatric hospitals and psychiatric ntmsinci homu3 establishment or maintenance of peycbiatrie boiipfta1s aaci psychiatric nursing homes 4 establishment or maintenance of psychiatric hospital" or p~ chiatric nursing homes only with licence 5 application for licence 6 grant or refusal of licence 7 licence not transferable or heritable 8, duration of licence 9 renewal of licence 10 licensee to maintain psychiatric hospital and psychiatric nurwtna hom~ in accordance with prelcl'ibed eonditions 11 revocation of licence 12 appeal 13 inspection of psychiatric hospitals and pychiatricnursi", hoiml and visiting of patients 14 treatment of outpatients  chapter iiit\dm1s8ion ani) ditbntlon in rsychia'muc hospital oil psrchi,6lftuc nl1jt8ijiiiri rome  part r admilrien em vol1m" bn1t15 application for admission as vohtntary patient 18 cost of maintenance of voluntary patient 1'7; v()luntay pauents toabidehy l'ekldattons atlpayehwrie"~' orpsyehiatric nursing homes 18 leave of absence, or discharge of voluntary pitienti  part nadmission under,,~ eil"cumo:tjt,rn-e, 'i': 'yo admlsslon of rnetttan~ ill persons undftr eertin ~lpehaj drcumstancea  part iii temporary trreatment orders20 temporary treatment orders 21 discharge of persons detained in psychiatric hoapital or psychiatric nursing home under temporary treatment orliers  part iv reception order/! a-reception orders on applications21 application for reception order 23 form and contents of medical certificates 24 procedure upon application for reception order b-recejon order/! on production of m~ntan'y ill persons before magistrate 25 powers and duties of police officers in respect of certain mentally ill persoas 28 procedure on production of mentally ill person 27 order in case of mentally ill person cruelly treated or not under proper care and control  c-admission in ~ergencies21 application for admission of mentauy ill persons in erner,en('y d-further provisions regarding admission and detention of ~f!rtain ~ntally ill persons 29 admission as inpatient after inquisition 30 admission and detention of mentally ill offender 31 detention of alleged mentally ill person pending report by medical oftlcer  32 detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home  - -mitceuamoub p"ovis~ in re14tion to orde-rs under thia chapter 88 time add manner of medical e](amination of mentally ill pel"som 34 authority for reception order or for temporary treatment oreier is copy of temporary treatment order or reception order to be sent to medical offteer in charge  restriction as to' psychiatric hospitals and psychiatric nursinl homei ijlto which temporary treatment ortler or reeeption order may direct 8'\tmhllion  tlauiis37 amenc:lment of order or documents 38 power to appoint substitute for person upon whose applic:atied reception order has been made  - 39 ofticers competent to exercise powers and diseharll tudctions f magistrate under certain sections  chapter iv inspection, discharge, leave of absence and rddoval of 1i4i!n1auy ju persons part i inspection40 appointment of visitors 41 mqnthly in'spection by visitors 42 inspection of mentally ill offenders  part ii dwchargt43 order of discharge by visitors 44 discharge of mentally ill person on applicatior 45 order of discharge on the undertaking of relativea or fria" etc, foor due care of mentally ill person 46 discharge of person on his request 47 discharge of person subsequently found on inqwition not te be of unsound mind  part iii leave of abse-net48 leave of absence 49 grant of leave of absence by maiistrate t t part iv  remgvgl  iso :removal of mentally ill person from one psychiatric hospital or psychiatric m,lfsing home to another 51 admission, detention and 'retaking in certain casn 52 appeal from orders of magiltrate  chapter v judicial tnquisltion regarding alleged mintally ill pitii8c»r pcl8lllmljiig pitopdlty, custody 0  -his person and managdant 01' lui pr~53 application for judicial inquisition 54 issues on which findjng should be given by di9trict court alter inquisition 55 provision for appointing guardian of mentally ill person aad t_  manager of property  18 appointment of cuardian of mentally ill per  57 appointment ef manaaer for manaaement of pro~rty of mental!, ill ,   ~ appo'intment of manager by collector sa ~9 60 61 62 63 m 65 66 67 68 69 70 71 72 73 74- 75 76 77 78 79 80 mana~ of ~roperty to execute bond remuneration of manaseri and guardiaxa duties of guardian powers of manager manager to furnish inventory and annual accounts manager's power to execute conveyances under orders of di'strict court manager to perform contracts directed by district court disposal of business premises manager may dispose of leases power to make order concerning any matter connected with mentally ill person proceeding if accuracy o£ inventory or accounts is impugned payment into public treasury and investment of proceed of estate relative may sue for accounts removal of managers and guardians dissolution and disposal of property of partnership on a member becoming mentally ill power to apply property for maintenance of mentally ill person without appointing manager in certain cases power to order transfer of stock belonging to mentally ill person in certain cases power to older transf~r of stock of mentany ill person residin out of india power to apply property for mentally ill person's maintena~ in case of temporary mental illness action taken in respec't of mentally ill person to be set aside if district court finds that his mental illness has ceased appeals power of district court to make regulations chapter vi  iubility to mdt cost of maintenance of mentally ill persons detalna) in psychia'l1uc hospital or psychiatbic nursing home ·81 coat of maintenance to be borne by government in certail'l cueto a2 application of property in possession of mentally ill person found wandering sa app~ation to l;)istrict court for payment ~ cost of ~aintenance out of estate of mentally ill person or from a person leaally bound to maintain him n persons legally bound to maintain mentally ill person not absolved from s~ch liabiuty  chapter vd penalties and proceduu clave85 penalty for establishment or maintenance of psychiatric ~ or psychiatric nursing home in contravention of chapter n • penalty for improper reception of mentally ill person 87 penalty for contravention of sections 63 and 72 88 general provision for punishment of other offences 89 offences by companies to sanction for prosecutions  chapter viii miscellaneous91 provision as to bonds 4111 92 half yearly report by medical officer 93 pension, etc, of mentally ill person payable by government 94 legal aid to mentally ill person at state expense in certain cases 95 protection of action taken in good faith 96· construction of references to jaws not in force in jammu  kashmir 97 power to state government to make rules 98 effect of act on other laws 99 power to remove diftlculty 100 repeal and saving  billto consolidate and amend t1u! law relating to tne treatment am care 01 mentally in pergons, to make better provision with rapect to their property and affairs and for matters connected t~th or inei· dental thereto be it enacted by parliament in the twenty-ninth year o' the republic of india a's follows:- chapter i puuminailt1 (1) this act may be called the mental health m, 1m (2) it extends to the whole of india short title, extent an4 commencement (3) it shall come into force on such date as the central government may, by notification, appoint and different dates may be alwointed for different states and for different provisions of this act, ancl any reference 10 in any provision to the commencement of this act id - state shall be constru~d a's a reference to the coming into toilet! of &hat provision in that state z in this act, unless the context otherwise requirea,-deftn'· tion • (a) "co$t of maintenance", in relation to a mentally: ill person 15 adfllit~ in a pt;yehlaqie hospital or psychiatric nunling bmne shall mean the cost of s~h items as the state government may, by gene-1'81 or special order, specify in this behalf, and shall, unless the state government otherwise directs, include-(i) the cost of lodging boarding, clothing, medicine or any other amenity provided to such person in any psychiatric hoapltal or psychiatric nursing home and the expenditure for his treat- s nwnt and care therein: and (h) the expenditure incurred for removing such person to, or from, any psychiatric hospital or psychiatric nursing home; (b) "district court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court 10 of original jurisdiction, and includes any other civil court' which the state government may by notification specify as the court competent to deal with all or any of the matters specified in this xct: (c) "inspecting officer" means a person authorised by the state government or by the licensing authority to inspect any psychiatric 1 ~ hcrspital or psychiatric nursing home; (d) ·'lie-encl·" mearls a licence grantt·d under section 6: (e) "licensee" means the holder of a licence; (f) "licenst'd psychiatric hospital" or "licensed psychiatric nursing home" means a p~y('hlatric hospital or psychiatric nursing 10 home, as the case mav be, licenst"d, or deemed to be licensed, under ,: i)~is ~a'¢ti· ' (g) "licensing authority" means such omcer or authority al may be specified by the state government to be the 1leena1ni authority for the purposes of this act; ~s (h) "magistrate" means,-2 of 1174, (1)' in relation to a metropolitan area within the meanil'lg of clause (k) o(section 2 of the codt> of criminal procedure, 1973, a metropolitan ma~istrelte: (2) in relation to any 9ther area, the chief judicial magis- 30 frate, sub-divisional magistrate or such other magistrate of the first class as the state government may, by nottftcatiori, empower to perform the functions of a magistrate under this act; (i) "medical officer" means a gazetted medical officer in the aervice of government and includes a medical practitioner declared, by 35 a general 'o"r s~ial order of the state gdvt!tnment, to be a medjtal ofbcer for the purposes of this act;  (j) "medical officer in charge" in relation to any psychlatric hospital or psychiatri~ nursing home, means the medical ofticer who, for the' time berin&is in charge of that hospital or nursin, heme; ",0 ·tk) "rdeclioal prac~ner" m'eans il perijollwhope_msh a lticioij'iiit;et'rttdteal 'qualiftdation as deaned in clause (h)otteetion 2 of the indian medical council act, 1956, and whose name bas been 102 of 1151 entered in a st,te medical register in accordance with, taeprovtsions of that act or a person whose name, has been registered in 4 -8iatemljclfcil'jtegider m'1l'ccordance with fh:e provfaioftl of any other ja\v'jiel'atlftg to ~ regimtatioriof nvwdtcal praetitionersfqrthe ·1ti1ne 'betnf::in 1ort!'ej'"  ' m "menta~y ill offender" means a me~t,ally m, pe&:son for whose detention in, or removal to, a psychiatric pospual, psy~ tric nursing home, jail or other place of safe custody, ~n order rei~ to in section 30 has beenn\ade; ,i, ,f s (m)"mentally ill persorij - means a person who is 'i~ need of 'psychtatric treatment by reason of mental disorder or mental" defteiency or of any disturbance 'in his behftviour or m~ntajl ~tate and in~udes a person who has allof any ~f the clinical conditions \mqwn as py~es,psychoneuroses, pl'ycjwpathic state, addition, mental 10 sul>-normelity or psychosomatic disorder, or such other condition of the like nature as may be prescribed; (n) "minor" means a person who has nqt complcted 'h~ age of' eighteen years; (0) "notification" means a notificauonpublished in the olkial is gazette; (p) "prescribed" means prescribed by rules mllde under this ~ct;  ~ i 20 (q) "psychiatric hospital" or psychiatric nursing h<?me" means a hospital or, as the cas(' may be, a nursing home established 'or, maintained by the government or any other person for the treatment and ('are of mentnliy ill psrsons and includes a convalescent home estab-ushed or maintained by the government or any other person for such mentally ill persons;  ioj of llae(r) "psychiatrist" means a medical practition~r pojsessldg a post-graduate degree or diploma in psychiatry, recognised by the medical council of india, constituted under the indian medical council act, 1956, and include!;, in relation to any state, any other person wh" having regard to his knowlcdge and experience in psychiatry, has been declared by the government of that state to be a psychiatrist for the puq~oses of this act; (8) "reception order" means an order made under the provisions of this act for the admission and detention of a mentally fl1 person in a psychiatric hospital or psychiatric ntlrsin,g horne; (t) "relative" includes any person related to the mentally m 3s person by blood, marriage or adoption;  (,u) "state government" in relation to a union territory means the administrator thereof;  (1) '''temporary treatml'mt order" means a temporary treatmeat order passed by a magistrate under section 20 or section 21 ,( chapter·it  psyciuatric hospitals and psychiatrdc nursing homes il 0) '!be 'cattral govenuneiltmay, in any part' of"lndla, or the stme·geyeraaeat  y, wttilin ·tile umlts of tts jurlsdlctlon,establlsh or __ wn psytdiatrit!hespttals or psyehiatrit nursing homes 'for the ad-s  ien,treatment  are of 'mentally iii penons at mclt ~ j)laees as it ihbiksftt; iild separate )j8yeldatrlc' ilospltals and psyehlati:le nursing homes may be estabu  or maln&abie4 '101",-<-) ,~,,: wiio are, under the age ,of eighteen yeat'l; establishment or ,maintenance of pay chiatrie h08j)ltals and plyehi atricnu  ~ bojjw (b) tbosewho have been convicted of all)' ~~ • nd (c) thole belodiine to such other class or caterory of penon as may be prescribed (2) where a psychiatric hospltal or psychiatric nursing home is eetablished or maintained by the central government, any reference in thls act to the state government shall, in relation to such hospital or 5 nunba home, be construed as a reference to the central government 4 (1) on and after the commencement of this act, no person shall estabush or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid licence granted to him under this act: provided that an asylum, li~ensed by the central government or any 10 state government and maintained as such immediately before the commencement of this act, may continue to be maintained, and shall be deemed to be a licensed psychiatric hospital or licensed psychiatric nursing home, as the case may be, under this act,--bitullih· ment or ~te-\ nanceof psychiatric '''boapltall orplychiatrie nul'llinl homes only with llceuoe (4) for a period of three months from such commencement, or is (b) if an application made in accordance with section 5 for a licence is pending on the expir:v of the period specified in clause (a), till the disposal of such application (2) nothing containt>d in sub-section (1) shall apply to ::t psychiatric hospital or psychiatric nursing home established or maintained b-y the 20 central government or state government a;wuea~ tionfor uc- 5 (1) every person who holds, at the commencement of this act :-\ valid licence authorising him to establish or maintain any psychiatric hospital or psychiatric nursing home, shall, if he intends to establish or continue the maintenance of such hospital or nursing home after the expiry of the 25 period referred to in clause (a) of the proviso to sub-section (1) of section 4, makwe at lea~t one month before the expiry of such period an application to the licensing authority for the grant of a fresh licence for the establishment or maintenance of such hospital or nursing home, as the case may be 30 (2) a person, who intends to establish or maintain, after the commeneement of this act a psychiatric hospital or psychiatric nursing home, shall, unless he already holds a valid licence, make an appueation to the' 'lice'l'lsingauthntity for the grant of a licence (3) every applic3tion undeor sub-section (1) or under sub-section (z) 3' qrator retualof lkledce shall be in such form and be accompanied by such fee as may be prescribed t on receipt of an application under section 5 the licensing authority shall make such inquiries as it may deem ftt and where it i'l satisfted that-(4) the efrtablishment or maintenance of the psychiatric hospital 45 or psychiatric· nursing home or the continuance of the maintenance of any such hospital or nursing home estabushed before the commencement of this act is necessary, havin~ regard to the needs of the liter in whtch such hm:pital or nursinj( homt> is proposed to he' established or maintained or continued to be maintained; so (b) the applicant is in a position to provide the minimum facilities prescribed for the ajmis~ion treatment and care of mentallv tl1 per8()ns; and  i  i , v (c) the psychiatric hospital or the psychiatric nursfng home, will be under the charge of a medical officer who is a psychiatrist, it shall grant a licence to the applicant in the prescribed form, mel, where it is not 8:> satisfied, the licensing authority shall, by order, refun s to grant the licence applied for: provided that, before making any order refusing to grant a licenoe, the licensing authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a licence shall ~et out therein the rt"asons for such refusal and such reasons shall be 10 communicated to the applicant in such manner as may be prescribed '7 a licence shall not be transferable or heritable licenee not tram-ferableor heritable duration of licence 8 every licence shall, unless revoked earlier under section 11, be valid for a period of five years from the date on which it is grmtecl renewal ofl1eence 9 a licence may be renewed, from time to time, on an application is made in that behalf to the licensing authority, in such form and accompanied by such fee, as may be prescribed, and every such application shall, as far as possible, be made one year, before the date on which the period of validity of the licence is due to expire:' provided that the renewal of a licence shall not be refused unless the 20 licenaing authority is satisfied that-(i) having regard to the needs of the area, renewal of the licence is not necessary; or (ii) the licensee is not in a position to provide in a psychiatric hospital or psychiatric nursing home, the minimum facilities pree-25 crlbed for the admission, treatment and care therein of mentally ill persons; or (iii) the licensee is not in a position to provide a medical ofllcer , who is a psychiatrist to take charge of the psychiatric hospital or the psychiatric nursing home; or 30 (iv) the licensee has contravened any of the provisions 01 this act or any rule made thereunder 10 every licensee shall maintain the psychiatric hospital or psychiatric nursing home in such manner and subject to such conditions as may be prescribed licenaee to maintain paychlartie hospital ad pqcjri atrlc nuran home in accordancewftlt p, crfbed eoddl-  a\evoca - t1oi1 or ucence,,"il ~)) ~he licensin& authority may, without prejudice to ady ciibel' penalty that may be imposed on the licensee, by order in writidl, revoke the licence if it is satisfied that-(a) the psychiatric hospital or the psychiatric nursing hoqle 15 not being mamtained by the licensee in accordance with the provi-s sions of this act or the rules made thereunder - (b) the maintenance of the psychiatric hospital or psychiatric nursjng home is being canied on in a manner detrimental to the ;moral and physical well-being of the j,npatients thereof provided that no such order shall be made except after slvmg the 10·, licensee a reasonable opportunity of being heard, and every such order shall set out thelein tile gj'ounds lor the revocation of the licenc,e and such grounds shall be communicated to the licensee in such manner as may be prescribed (2) every order made under sub-section (1) shall contain a direction is tbat the inpatients of the psychiatric hospital or psychiatric nursing home shay be transferred to such other psychiatric hospital or psychiatric uui'sing home as may be specitied in that order (3) every order made under sub-section (1) shall take ettect~-(a} where '1\0 appeal has been preferred against such order 30 under setion 12, immediately on the expiry of the period prescribed, for such appeal; and (b) where sucb ilppeal has been preferred and the same has been dismissed, from the date of the order of such dismissal ap~ 12 (1) any person, aggrieved by an order of the licensing authority 25 refusing lo grant or renew a licence, or revoking a licence, may, in such manner and within such period as may be prescribed, prefer an appeal to the state government: provided that the state government may entertain an appeal preferred after the expiry of the prescribed period if it is satisfied that 30 the appellant was prevented by sufficient cause from prefeiting the appeal in time ' (2) every appeal under $ub-section (1) shall be made in such form and be accompanied by such fee as may be prescribed 13 (1) an inspecting officer may, at any time, enter aadinapectany 35 p~ychiatric h:>spital or psychiatric nursing home and require the production of any records, which are required to be kept in accordance with the rules made in this behalf, for inspection: provided that such inspection shall be carried out in the presence of the medical officer in charge or of· any other person authorised by him 40 ins~tiod ofps1chlatrld 110spltalii ! and piyi!tif  atric num~' horn • aria viitttna ofpattedtat (2) the inspecting omcer may interview in private any patient receiving treatment and care thereil1-, • £! (a) for the purpose of inquiring into any complaint made by or on behalf of such patient as to the treatment and care, or (b) m any case, where the inspecting ofbcer has reason to believ'e that any inpatient is nat receiving proper treatment and care, and where the inspecting ofbeer is a meciical practitiodel', be may also examine the patient in private and may require the production of any medical records relating to the treatment and care of the patient in the psychiatric hospital or psychiatric nursing home and inspect the same (3) where the inspecting officer is satisfied that any inpatient in a psychiatric hospital or psychiatric nursing home is not receiving proper 10 treatment and care, he may report the matter to the licensing authority aild thereupon the licensing authority may issue such directions as it may de'em fit to the licensee of the psychiatric hospital, or, as the case may be, the psychiatric nursing home and every such licensee shall be bound to comply with such directions treatment of outpatient • 15 14 provision shall be made in every licensed psychiatric hospital "r licensed psychiatric nursing home for ~uch facilities as may be prescribed for the treatment of every mentally ill person, whose condition does not warrant rus admission as an inpatient or who, for the time being, is not und<'fgoing treatment as inpatient  chapter iii admission and detention in psychiatric hospital or psychlatrt:: nursing home part iapplication for admission as voluntary patient admission on voluntary basi8 as ]5 (j) any person (not being a minor), who considers himbelf to be a mentally ill person and desires to be admitted to any psychiatrlc hoilpital or psychiatric nursing home for treatment, may make an applicatioll in that behal:f to the medical officer in charge for being admitted· b a voluntary patient 30 (2) where the guardian of a minor considers his ward to be a men· tally ill person and desires the ward to be admitted to any psychiatric hospital or psychiatrie nursing home for treatment,he may make an "pplication in that behalf to the medical officer in charge for admitting the ward as a voluntary patient 35 (3) on receipt of an application ullder sub-section (1) or sub-section (2), the medical qfficer in charge shall make such inquiries as he may deem fit and if satisfied that the applicant or, as the ease may be, the minor requires treatment as an inpatient in the psychiatric hospital or psychiatric nursing home, he may admit therein such applicant or, as the 40 case may be, the minor as a voluntary patient cost of maintenanceot voluntal'j patient, 11 (1) save as otherwise provided in sub-section (2), every volwlt8ry patient, who is admitted to any licensed psychiatric hospital or licensed psychiatric nursing home, shall be liable to pay the east of maintenance to the licensee of the hospital or nursing home; and, in the case of - 4f voluntary patient who is a minor, such cost sbau be paid by his guardian (~) 'the state government may, having regard to the nature of , licensed psychiatric hospital established or maintained by that government and the means of the voluntary pati4mta, provide, by notification, that any class or category of voluntary patients admitted to any such licensed psychiatric hospital or class of such hospitals, shall not be liable !i ito pay the cost of maintenance, and, in every such case, the cost of maintenance of the voluntary patients shall be borne by the state government 17 every voluntary patient who is admitted to a licensed psychiatric hospc lalor licensed psychiatric nursing home shall be bound to abide by 10 such regulations as may be made by the licensee of the psychiatric hospital or psychiatric nursing home wherein he is an inpatient voluntary patients to abide by regulations or psychiatric hospital!! orpsychiatric nursinghomes leave of absence or discharge of voluntary patients 18 (1) the medical officer in charge of a psychiatric hospital or psychiatric nursing home shall, on an application made in that behalf by any voluntary patient, and, in the case of a minor voluntary patient, by is the guardian of the patient, grant (unless such medical officer initiates action under sub-section (3) of section 20), within twenty-four hours of the receipt of such application, leave of absence to the patient for a period not exceeding thirty days at a time and not exceeding one hundred and eighty days in the aggregate or discharge the patient from the psychiatric 20 hospital or psychiatric nursing home (2) where a minor voluntary patient, who is admitted as an inpatient in any psychiatric hospital or psychiatric nursing home, attains majority, the medical officer in charge shall, as soon as may be, intimate the patient that he has attained majority and that, unless an application for his:as continuance as an inpatient is made by him wi-thin a period of one month of such intimation, he shall, subject to the provisions contained in section 19, be discharged, and if before the expiry of the said period, no application is made to the medical officer in charge for his continuance as an inpatient, he shall, on the expiry of the said period, be discharged, 3c  part ii admission unde?' special circumstances19 (1) any mentally ill person who does not, or is unable to express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing 35 home on an application made in that behalf by a rela'tive of the mental~y ill person i-f the medical officer in charge is satisfied that in the interests of the mentally ill person it is necessary 80 to do: admission of mentally ill persons under certain spectal eircum-tances   ~ provided that no person so admitted as an inpatient shall be kept in the psychiatric hospital or psychiatric nursing home as an inpatient for a 40 period exceeding ninety daysi except in accordance with the other provisions of this act (2) every application under sub-section (1) shall be in the prescribed form and be- accompanied by two medical certificates, from two medicalpractitioners (incl",dine a psychiatrist) of whom one shall be a medical 4~ practitioner in the service of government, to the effect that the eondition of such mentally ill person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home s (3) any mentally il~ person admi":ted under sub-section (1) or his relative may apply to the magistrate for hif; discharg~ and the magistrate may, after giving no~ice to the person at whose instance he was admitted to the psychiatric hospital or psychiatric nursing home and after making 'such inquiry as he may deem fit either allow or dismiss the application 10 (4) the provisions of the for~going sub-sections shall be without prejudice to the powers exercisable by a magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this act, to pass a temporary treatment order or a reception order, as the case may be, if he is satisfied that it is neces-is aary !po to do in accordance with the relevant provisions of this act  pabt iii temporary treatment orderstemporal'j treatment orden zoo (1) any relative or friend of a mentally ill person may make an application to the magistrate within the local limits of whose jurisdiction :ao mich mentally ill p~on ordinarily resides for the admission of the mentally ill person to any psychiatric hospital or psychiatric nursing home for treatment for a temporajry period (2) every application under sttb-sec<:ion (1) shall be in the pr~('ribed form and be accompanied by two medical certificates, from two medical 2s practitioners (including a ps  chiatrist) of whom one shall be a medical practitioner in the service of government to the effect that the condition of such mentally ill person is sllch that h~ should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home 30 (3) where, before ~anting leave of absence or discharging a voluntary patient under section 18, the medical of'ftcer in charre of any psvchiatric hospital or psychiatric nursing home is of opinion that the voluntary patient is likely to act in a manner which will be injui10us to his health or will endanger his own life or the life of othe'ts, the meciical 35 officer in charge may make an application to the mal!istrate within the local limits of whose jurisdiction the psychiatric h~tal or the' psychiatric nursing home is situate, for the detention of the patient in the psychi~tric hospital or, as the case may be, psychiatric nursing home for further treatment 40 (4) where the medical officer in chnrge of any psychiatric hospital or psychiatric nursing home is of amnion that any mentally il1 person underl{oing treatment as an outl)8tient in that hospital or nursing home is likely to set in a manner which win bf! inhtrinus to his health or will endanger his own iifeor the life of others, the mf!dical officer in charre 45 may make an application to the ma~strate within the local limits of ~ose jurisdtction tht> psyehiatric hospital or the psychiatric nursfn~ bome i!l situate, for the detention of the pattent in any psyrhintri~ ho<;pital - ps~hiatrfl; nursing home for treatment fls rn inpatient (5) on receipt of an application under sub-section (1) or subsecuwt (3) or sub-section (4) i the magistrate may, after making su$ inquiritls as he may deem fit, if satisfied that in the interests of the health and personal safety of the mentally ill person or for the protection of ot~rs, he should be detained as an inpatient in a psychiatric hospital or psychia- 5 tric nursing home, pass a temporary treatment girder for the detention for treatment of such person in such psychiatric hospital or psychiatric nursing horne and for such period not exceeding six mon'tfls from the date of the order, as may be specified therein zl (1) every mentally ill person detained for treatment in any psy- 10 ehiatric hospital or psvchhtric nursing home under a temporary' tteatment rmer shall on the expiry of the period of detention spectfted in the order, be dischat~ed from 'such hospital or, as the case may be, nursing home: discharge of persona detained in psychiatric hospitalor psychiatric nursin, home under temporary treatment orders provided that where the period of detention sjdecified in the tem- 15 porary treatment order is less than six months and the medical officer in charge is of opinion that the treatment of such person a's an inpatient should be continued beyond the period specified in that order, he may before the expiry of the said period, make an application for the extension of the period to the magistrate within the local limits of whose 20 jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situate (2) on receipt of an application under sub-section (1), the m$gistrate shall deal with it in the manner specified in sub-section (5) of section 20; so, however that the period of further detention together ~s with the period specified in the temporary treatment 'order made under the said sub-section (5) shall not exceed, in the aggregate, six months  part iv reception ordersa-reception orders on applicatioru 30 22 (1) an application for a reception o~der may be made by-application for reception grder (a) the medical otdcer in charge of a psychiatric hapital or psychiatric nursing home, or (b) by the husband, wife or any other relative of the mentally illp~on ~ (2) where a medical offtcer in charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill perljon is undei'goinl treatment under a temporary treatment order is satisfted that,-{a) the mentally ill person is ,uftering from men~ disorder of suqb a nature and detree that his treatment in the psycbiatric h()l- 40 pital  or, as the case may be, psychiatric; d1l~ing home is required to be contu:wed for more than six months, or (h) it is necessary in the in~rests of the health and pel'lolial ,atety ot the mentally ill person or for the prou:ctton of othera that such person shall be detained in a psychiatric hospital or psychiatric dui'sklg bome, or (c) a temporary treatment order would not be adequate in the circumstances of the case, s m may make an application too the magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situate, for the detention of such mentally ill person under a reception order is such psychiatric hospital or psychiatric nursing home, as the case may be 10 (3) subject to the prcwisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from india or otherwise from making the application, any other relative ()rf such person may make an application to the 15 maldstrate within the local limits of whclse jurisdiction the said person <mdin&riolyde6ides, for the deten'tion of the alleged mentally ill person under a reception order in a psychiatric hospital or psycniatrlc nursing home (4) where the husband or wife of the alleged mentally ill person 20 is not the &j!)plicant, the application shall contain the reasons for the application not bein~ made by the husband or wife and shall indicate the relationship 'of the applicant with the alleged mentally ill person and the circumstances under which the application is being made ,(5) no person,-25 (i) who is a minor, or (ii) who, within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application undpr this section (6) everv application under sub-section (3) shan be mlkie in the 30 pl'elcribed form and shall be signed and verified in the prescribed manner and 'shall state whether any previnus application had been mllde for inquiry into the mental connition of the alie~en mentally ill person  and shall be accomnanied bv two medical certificates from two medical practitioners (includin~ a psychiatrist) of whom one shall be a medial 3s praetitioner in the service {"if government d everv medica1 certificate referred to in sub-section (6) of section 22 'lhall contain a statement,-form and content ofmedleaj certltlcatet (a) that each of the medical practiti1"lj'lers referred to in that sub-section has personally examined the alle~ed mentally ill person; 40 (b) that in the opinion of each ruch mf'dica1 practitionrts the al1e~ed mentally i11 person is suft'erinf! firom mental disorder of !inch a nature and de!!'f'ee as to warrant the detention of such person in it nsvchiatr;c ho'ln;t'll or llvchilltr;, nnrsinq home and that such detention is necessary in the inter$ts of the hf'a]th rnd persona] safety of 4,5 that person or for the protection of others; and (~) that each such medical practitioner ~ forme(l, ,his opinion on the basis of his observations and the observations of any other medical practitioner and from the particulars j~lhmliluea'ted 'to him by other persons u (1) on receipt of an application under sub-section (2) of section s 22, the magistrate may make a il"eception order, if he is satisfied that-;; t'rocedure upon application for reception oreler (i) the mentally ill person is suffering from mental disord,er of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for 'treatment;,' or (ii) it is necessary in the interests of, the health and personal 10 safety of the mentally ill person or for the protection of others that he should be so -detained, and a temporary treatment order would not be adequate in the circumsbnces of the case and it is ~cessary to make a reception order (2) on receipt of an application under sub-section (3) of section 22, is the magistrate shall consider the allegations made in the application and the evidence of mental illness as disclosed by the medical certlftcates (3) if the magistrate considers that there are sufficient ~ounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he think!! that it is ao not necessary or expedient to do so (4) if the magistrate is satisfted that a reception oi'der may properly be made forthwith he may make such order, and if the magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally 25 ill person as he thinks fit (5) the notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the magistratc, such notice shall be given (6) if the magistrate fixes a date under sub-section (4) for further 30 ronsideration of the application, he may innke such order' as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal 'of the application (7) on the date fixed unqer sub-section (4) or 'on such fur:ther, da~ as may be fixed by the magistrate, he shall proceed to consider tbe 35 npplication in came1'a, in the presence of-(i) the applicant; "t-(ii) the alleged mentally ill person (unless the magistrate in his discretion otherwise directs); (ui) the person who may he appointert by the alleged mentally 40 ill perlion to represent him; and (iv) such other pe,rson as the magistrate thinks fit rnd ,if the magistrate is satisfted that the all~~ed ment~lly i~ person in relation to whom the application is made, is ~q mentally ill that in the interests otthe health ana persdnal safety of that' person or tar the protection of others it is necessary to detain him in a psychiatric hbspital or psychiatric nursing home for treatment, he may pass a reception 'order for that purpose and if he is not so s4tisfied he shall dismiss the application and any such order may provi~ for the payment of the costs of the inquiry by the applicant personally or from ~t of the estate of the mentally ill person, as the magistrate may deem appropriate (8) !f any application is dismissed under sub-section (7), the magisio trate shall record the, reasons for such dismissal and a copy of the order shall b,e furnished to the applicant b-reception orders on produc'tion of menullly ill persons hefore magistrate %5 (1) every ofticer in charge of a police station,-powers and duties ot police officers in (a) may arrest or cause to be arrested any persort found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself, and 20 re~ct of cer~ taln men· tally ill persons (b) shall arrest or cause to be arrested any person within the ,limits ,of his station whom he has reason t'o believe to be dangerous by reason of mental illness (2) no person arrested under sub-section (1) shall be detained in police custody without being informed, as soon as may be, 'of the grounds for such arrest, or where, in the opinion of the arresting omcer, such 2s person is not capable of understanding tbose grounds, without his rela~ tives or friends, if any, being informed of such grounds ,(3) every person, who is arrested and detained in custody under this section, shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for 30 the journey from the place of arrest to the court of the magistrate and shall not be detained in custody beyond the said period without the author:ty of the magistrate procedure z8~ (1'~ if a person is produeed before a magistrate under sub-section (3)' \ 6f section 25, and if, in his opinion, there are sufficient grounds for 3s proceeding :turth~, the magistrate shall,-(4) examine the person to assess his capacity to understand, ol! production or mentally ill person (b) cause him to be examined by a medical ofticer, and (c) make such inquiries in relation to such perlton as he may ',,,:;; 'i , 9-~eldl n~essary , ' 40 ; ;(2) , 'after- ',~ compl~tion of the proceedings under sub-aectio~ (1); tim m1jgfstrate may pass a reception order 8utliorising the detention of th~!"sajd p~rson as an inpatient in 8 psychiatric hospital or psychiatric ''ilurilhg bome;-  ; i,'" (~) if the medical ofticer certifies such ~son to be a mentally 4s m person, and (b) if the l\4a&istrate is satisfied that the sjud petson is a __ tally ill person and that in the interests of the heblth and personal safety of that person or ,for the protection of others, it is necessary to pass such order: provided that if any friend or relative of the mentally ill persdh desires that the mentally ill person be sent tb any patticular licensed psychiatric hospital or licensed psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the magistrate shall if the medical officer in charge ,of to such hospital or nursing home consents, make a reception otder for the! admission of the mentally ill person into that hospital or nursing home and detention therein: provided further that if any friend or relative of the mentally ill person enters into a bond, with or without sureties for such amount as 15 the magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from doing any injury to himself or to others the maigstrate may instead of making a reception order hand him over to the care of such friend or relative 27 (1) every officer in charge of a police station, who has reason to 20 believe that any person within the limits of his station is mentally m and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, shall forthwith report the fact to the magistrate within the local limits of whose jurisdiction the mentally ill person resides 2s older in ca  of mentally tnperson cruell7 treated or not under proper care and control (2) if it appears to the magistrate, on the report of a police omcer or on information derived from any other person, or otherwise, that any mentally ill person within the local limits 'of his jurisdiction is not under proper care and control, or is ill-treated or neglected by any relative or other person having the charge of such mentally ill person, the magla- 30 trate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person (3) if such relative or any other person is legady bound to mafntaln the mentally ill person, the magistrate may, by order, require the reja j5 tive or the other person to take proper care of such mentally ill person and where such relative or other person wilfully neglects to comply with the said 'order, he shall be punishable with fine which may extencf to one thousand rupees (4) if there is no person legally bound to maintain the mentady m person, or if the person legally bound to maintain the mentally m per_ 40 son refuses or neglects to maintain such person, or if for any other r •• -soft, the magistrate thinks fit 80 to do, he may cause the mentany m person to be produced before him and, without prejudice to any acuon that may be taken under sub-sectlon (3), proceed in the mannerpro-  , vlded in section 26 as if such person had been produced before hlm unitei' bud-section (3) of section 215 application 'for admission of mentally ill persollj in emer· lency •• (1) where any medical officer or medical practitioner or any friend or relative of a mentally ill person is of opinion that unless such mentally ill iperaon is immediately admitted to any psychiatric hospital s or psychiatric nursing home ior treatment, the health and personal safety of such person or of others will be in imminent danger, he may make an application to the medical officer in charge of any psychiatric hospital gr psychiatric nursing home for admission forthwith of such mentally ill per90n to the psychiatric hospital or, as the case may be, to psychiatric nursing home under his charge (2) every application under sub-section (1) shall be in the pres tribed form containing a statement that unless the mentally ill person is forthwith admitted to any psychiatric hospital or psychiatric nursing home, there is imminent danger to the health and personal safety of i~ such person or of others, and shall be supported by a certificate to that effect in the prescribed form drom a medical practitioner, and, wherever posil~le, from a medical practitioner who is acquainted with the condi  tion of the mentally ill person expzanation-for the remc;val of doubts it is hereby declared that 20 where an application under sub-section (l) is made by a medical officer or medical practitioner such application shall be accompanied by a certificate referred to in this sub-section from another medical practitioner (3) on receipt of an application under sub-section (1), the medical 2s ofb~er in charge shall admit the mentally ill person to the psychiatric hospital or the psychiatric nursing home under his charge subject to the conditions that such mentally ill person shall be produced before a nearest magistrate within the local limits of whose jurisdiction such hospital or nursing home h situate, within a period of seventy-two hours 3u of such admission, excluding the time necessary for the journey from the place of admission to the court of the magistrate and if it is necessary to continue treatment of the person as an in-patient beyond the period aforesaid, the authority of the magistrate shall be obtained for such detention 3s (4) where due to the condition of the patient it is not possible to produce the mentally ill person before a magistrate within the time set qut under sub-section (3), the medical officer in charge shall request the magistrate to visit the psychiatric hospital, or psychiatric nursing home, as the case may be, so as ito enable him to comply with the provi-40 siqq5,of sub-&eeiion (3) and the magistrate shall comply with the request (5) the magistrate may, if satisfied, on the basis of the medical certificate filed in su'pport of an application under sub-section (1) and on the basis of such other inquiry as he may deem nec~ary, pass an orderfo~ the detention of the person for such period as may be specibed 45 in the order (6) where the magistrate is of jpinion that it is necessary so to do, be may treat the application under sub-section (1), or any subsequent application that may be made foil" continuing the detention as if it were an application for reception order under this act and proceed to deal with it accordin&ly  d-furthelj' provis'jons regarding admission and detention of cert4l'b mentally ill persons29 if any district court holding an inquisition under chapter v s regarding any person who is found to be mentally ill is, of opinion that it is necessary so to do in the interests of such person, it may, as in-patient aftar 1nquls1-tion by order, direct that such person shall be admitted and kept as an in-patient in a psychiatric hospital or psychiatric nursing home and every such order may be varied from time to time or revoked by the district 10 court admission and deten_ tion of mentally ill offender 30 an order under section 30 of the prisoners act, 1900, or under 30 of 1900 section 144 of the air force act, 1950, or under section 145 of the army 45 of 1950 act, 1950, or under section 143 or section 144 of the navy act, 1'957, or 4fl of 1950 under section 330 or secti/o 335 of the code of criminal procedure, 1973, is 62 of 1957 directing the reception of a mentally ill offender into any psychiatric 2 of 197 • hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital vr, as the case may be, such nursing home or any other psychiatric hospital or psychiatric nursing home to which such p~r:;on may be lawfully transferred for detention ~o therein detention of alleged mentllly ill person pending report by medical officer 31 (1) when any person alleged to be a mentally ill person appears or is brwght before a magistrate under section 25 or section 27, the magistrate may, by order in writing, authorise the detention of the alleged mentally ill person in sljitable custody for such period not 25 exceeding ten days as the magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill perscill may properly be given under clause (a) of sub-section (2) of section 26 (2) the magistrate may, from time to time, for the purpose men- 30 tioned in sub-section (1), by order in writing, authorise such further detention of the alleged mentally ill person for periods not exceeding ten days at a time as he may deem necessary: provided that no person shall be authorised to be detained under this sub-section for a continuous period exceeding thirt)' days in ~e 35 aggregate 32 whenever any reception order is made by a magistrate under section 24, section 26 or secti,on 27, he may, for reasons to be recorded in writing, direct that the mentally ill person in respect of whdm'the order is made may be detained in such place as he may deem· appro- ",0 priate, pending the removal of such person to a psychiatric hospital' psychiatric nursing home i' detention otmentau, 11l person pending his removal to plychlartie holpltal or plychiartic dunln, liome  e-mibcellaneous p1'o'vlisions in rezation to orders under this chapter83 where any grder under this chapter is required to be made on the ,balisof a medical certificate, such order shall not be made unless the person who has signed the medical certificate, or wnere such order is 5 ,required to be made on the basis of two medical certificates, the signawry of the r~spective certificates, has certified that he has personally examined the alleged mentally ill person,-| tim      ||-----------|| manner    || ofmedi-   || calexaml- || nation of || mentally  || ill       || person   |10 (i) in the case of an order made on application, not earlier than ten clear days immediately before the date on which such application is made; and (ii) in any other case, not earlier than ten clear days immediately before the date of such order:  provided that where a reception order is required to be made on the ba!lis of two medical certificates such order shall not be made unless the is certificates show that the signatory of each certificate examined the alleged mentally ill person independently c,f the signatory of the other cm"tificate 34 a temporary treatment order or a reception order made under this chapter shall be sufficient authority-20 (i) for the applicant or any person authorised by him, or authority for reception order or for temporary treatment order (ii) in the case of a reception order made otherwise than on an application for the person antholi'ised so to do by the authority making the order, to take the mentally ill person to the place mentioned in such order or 25 for his admission and treatment as an inpatient in the psychiatric hospital or psvchiab·ic nursing hom("' specified in the clrder or, as the case may be, for his admission and detentijil therein or in any psychiatric hospital or psychiatric nursing home to which he m1y be removed in accordance with the provisions of this art and the medical officer in 30 charge shall be bound to comp'v with 5uc-h order: providerl th1t in ilny case where the medical officer in charge finds accommodation in the psychiatric ho~pital or psychiatric nursing home inadequate he shall after according admission, intimate that fact to the ma1zistrate or the o')urt which passed the order and thereupon 3s the mllgistrate or the court, as the case may be, shall pass such order as he or it may deem fit: provided further that every temporary treatment order or reception order shall cease to have et!eet--o (a) on the expiry of thirty days from the date on which it was made  unless within that period, the mentally ill prrson has been admitted to the place mentioned therein, and (b) on the discharge, in accordance with the provisions of this act; of the mentally ill person 35 every magistrate or gourt making a temporary treatment order or reception order shall forthwith send a certifled copy thereof together with copies of the requisite medical certificates and the statement of particulars to the medical officer in charge of the psychiatric hospital oil' psychiatric nursing home to which the mentally ill person is te s 'be admitted copy of temporary treatment order orreception order to be sent to medical oftlcer incbarge restriction 36 no magistrate or court shall pass a temporary treatment order or a reception oirder for the admission as an inpatient to, or for the detention of any mentally ill person in, any psychiatric hospital or psychiatric nursing home outside the state in which the magistrate 10 or the court exercises jurisdiction: provided that an order foji' admission or detention into or in a psychiatric hospital or psychiatric nursing home situated in any other state may be passed if the state government has, by general or special order and after obtaining the consent of the government of such other state autho- is rised the magistrate or the court in that behalf 88 to psychiatric hospitals and psychiatric nursing homes into which temporary treatment order or reception order may direct admiasion amendmentol order or documents 37 if, after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home under a temporary treatment order or a reception order, it appears that the order under which he war admitted or detained:!r any of the documents on the basis of 20 which such order was made is defective or incorrect, the same may, at any time thereafter, be amended with the permission of the magistrate or the court by the person or persons who signed the same and upon such amendment being made the order shall have ef'fect and shall be deemed always t('oo have had effect as if it had been originally made as so amended, 2s or, as the case may be, the documents upon which it was made had been originally furnished as so amended 38 (1) subject to the provisions of this section'the magistrate may, by order in writing (hereinaflter refe·rred to as the order of substitution), transfer the duties and responsibilities under this act, of the perscm on whose application a reception order was made to any other person who 30 is willing to undertake the same and such other person shall thereupon be deemed for the purp"ses of this act to be the person on whose application the receptio·n order was made and al1 references in this aet to the latter person shall be construed aceordingly: 3s power to appoint substitute for per_ son upon whose lipplication reception order has been made provided that no such order of substitution shall absolve the person upon whose application the reception order was made or, if he is dead, his legal representatives, from any liability incurred before the -date of the order of substitution (2) before making any order of substitution, the magistrate shall 40 send a notice to the person on whose application the reception order was made, if he is alive, and to any relative of the mentallyill person who, in the opinion of the magistrate, shall have notice (") the notice under sub-section (2) shall specify the name of the person in whose favour it is proposed to make the order of substitution 4s ,  1he-date (which shall be not leu than twenty days from the date nfdllllle of the notice) on which objections, if any, to the making of iuch order shall be considered (~) on the date specified under aub-section (3), or on any subsequent date to which the proceedings may be adjourned, the magistrate 5 shall consider any objection made by any person to whom notice was 'edt, or by any other relative of the mentally ill person, and shall receive all such evidence as may be produced by or on behalf of any sueh person '01' relative and after making such inquiry as the magistrate 10 may deemftt, make or refrain from making the order of substitution: provided that, if t1:1e person on whose application the reception order was made is dead and any other person is willing and is, in the opinion of the magistrate, fit to undertake the duties and responsibilities under this act of the former person, the magistrate shall, subject to the provisions contained in the proviso to sub-section (1), make is an order to that effect (5) in making any substitution order under this section, the magistrate shall give preference to the person who is the nearest relative of the mentally ill person, unless, for reasons to be recorded in writing, the magistrate considers that giving such preference will not be in the 20 interests of the mentally ill person (6) the magistrate may make such order folf the payment of the costs of an inquiry under this section by any person or from out of the estate of the mentally ill person as he thinks fit (7) any notice under sub-section (2) may be sent by post to the 25 last known address of the person for whom it is intended  39 in any area where a commissioner of police has been appointed, all the powers and functions of the magistrate under sections 25, 26, 27, 28 and 31 may be exercised or discharged by the commissioner of police and all the functions of an officer in charge of a police station under 30 this act may be discharged by any police officer not below the rank of an inspector i officers competent to exerclae powers and discharge functions of malistrate under certain sections  chapter iv inspection~ discharge, leave of absence and removal of mentally ill persons 35 part i inspection40 (1) the state govemment shall appoint for every psychiatric appointhospital and every psychiatric dui'iing home in the -state, not less than ment of five visitors, of whem at least one shall be a mec1leal oftleer, preifl'ably visitol'l 40 a psychlatrlst (z) the inspeotgr"general of prisons and the head of the medical services of the state shall be ex-officio vislton of all the psychiatric hospitals _d ps1chlatrtc nunln- hnm-in, the state (3) the qualifications of persons to be appointed as visitors under aubseqtion (1) and the terms and conddtions of the appointment shali be such as may be prescribed monthly inspection byvii~ ton 41 not less than three visitors shall, at least once in every month, make a joint inspection of 'every part of th'~ psychiatric hospital or 5 psychiatric nursing home in respect of which they have been appointed and examine, as far as circumstances will permit, every mentally ill person admitted therein and the order for the admission of, and the medical certificates relating to, every mentally ill person admitted subsequent to the joint inspection immediately preceding, and shall enter in a 10 book~kept for that purpose such remarks as they deem appropriate in regard to the management and condition of such hospital or nursing home and of the inpatients thereof: provided that the visitors sha~l not be entitled to inspect any personal records of an inpatient which in the opinion of the medical omcer in is charge 8ii'e confidential in nature inspection ofmen~ tally offenders 42 (1) notwithstandinj! anything contained in section 41, where any person is detained under the provisions of section 144 of the air force 45 of 1960 480t 1950 act, 1950, or section 145 of the army act, 1950, or section 143 or section 62 of 1957 144 of the navy act, 1957, or section 330 or section 335 of the code "01 20 2 of 1974 criminal proc~dure, 1973,-(i) the inspector-general of prisons, where such person is detained in a jail; or (ii) the inspector-gener:ll of prisons and all (lii' anv three of the visitors appointed under sub-section (1) of section 40, where such 25 person is detained in a p~ychiatric hospital or psychiatric nursing home, shall, once in every six months, viflit such person at the place where he is detainen in order to assess the state of mind of such pprson and make a report thereon to the authority under whose order such person is s<1 30 detained (2) the state government mav empower any of its officers to discharge an or any of the functions of the inspector-general of prisons under sub~section (1) (3) the medical officer in charge of a psychiatric hospital or psychia- 3s tric nursing home wherein any person referred to in sub-section (1) is detained, shall once in every six months, make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained (4) every person referred to in sub-section (1) who is detained in 40 jail, shall be visited at least once in every six months by a psychiatrist, or, where a psychiatrist is not :\vailable, by a medical officer empowered by the state government in this b  half and such psychioatrist or, as the case may be, such medical officer r-hall make a special report re~ardinp 4s the mental and physical condition '1f such person to the authority un<'er whose order such person is detained  part ii dischargeorderot discharee by visitora q ll) notwithstanding anything contained in chapter in, any three of the visitors of a psychiatric hosphal or psychiatric nursing home may, 5 on the recommendation of the mewcal officer in charge, by order in writing, direct the discharge of any person, other than a voluntary patient detained or undergoing treatment therein as an inpatient, and such person shall thereupon be discharged from the psychiatric hospital or psychiatric nursing home: 10 provided that no order under this sub-section shall be made in respect ot a mentally iii offender otherwise than as provided in section 30 of the 3 of 1900 prisoners act, 1900 or in any other relevant law (2) where any order of discharge is made under sub-section (1) in respect o£ a person who has been detained or is undergoing treatment as 15 inpatient in pursuance of an order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer in charge dischar,e otmentally ill person on application 44 any person detained in a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under 20 this act, shall be discharged on an application made in that behalf to the medical officer in charge by the person on whose application the order was made: provided that no person shall be discharged under this section if the medical officer in charge certifies in writing that the person i's dangerous 2s and unfit to be at large orderot disehar, on the undertaking ot relatives or frienda etc, for d_ care of mentally ill person 46 (1) where any relative or fri<!nd of a mentally ill person detained in a psychiatric hospital or psychiatric nursing home under section 24, section 26, section 27 or section 28 desn-es that such person shall be delivered over to his care and custody, he may make an application to 30 the medical officer in charge who, shall forward it together with his remarks thereon to the authority under whose orders the mentally ill person is detained (2) where an application is received under sub-section (1), the authority shall, on such relative or friend furnishing a bond, with or 35 without sureties, for such amount as such authority may 'specify in this behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged 40 48 (1) any person (not being a mentally ill offender) detained in pursuance of an order made under this act, who feels that he has recovered from his mental illness, may make an application to the magistrate for his discharge from the psychiatric hospital or the psychiatric nul"bing home 45 (2) an application made under sub-section (1), shall be support'l!a by a certificate either from the medical officer in charge of the psychiatric hospital or the psychiatric nursing home where the applicant is undergoing treatment or from a psychiatrist  (3) the magistrate may, after makiong such inquiry as he may deem 50 ftt, pass an order discharging the person or dismissing the application discharge tit person lubsequent17found oninquwtion dot to be  efunsound mind &\ if any person detained in: a psychiatric hospital or pbychiatric nursing home in pursuance of a reception order made under this act is subsequently found, on an inquisition held in accordance with the pro-¥iaiona of chapter v to be of sound mind or ~apable of takiag care of himself and managing his affairs, the medical oftiqer in eharge shall 5 forthwith on the production of a copy of such finding duly certifted· by' the district court, dicharge such per$on from such hospital orlwl"sing home  part iii leave of absence10 leave ot blence 48 an application for leave of absence on behalf of any mentally ill person (not being a mentally ill offender) undergoing treatment as an inpatient in any psychiatric hospital or psychiatric nursing home may be made to the medical officer in charge,-(<<) in the oa'se of a person who was admitted on the apptrcatian 15 of the husband or wife, by the husband or wife of such mentany ill person, or where by reason of mental or physical illness, absence from india or otherwise, the husband or wife is not in a position to make such application, by any other relative of the mentally ill person duly authorised by the husband or wife, or 20 (b) in the case of any other person, by the person on whose application the mentally ill person was admitted: provided that no application under this sub-section shall be made by a person who has not attained the age of majority (2) every application under sub-section (1) 'shall be accompanied 25 by a bond, with or without rureties for such amount as the medical oftieer in charge may specify, undertaking-(i) to take proper care of the mentally -ill person, (ii) to prevent the mentally ill person £rom causing injury to himself or to others, and 30 (iii) to bring back the mentally ill person to the psychiatric hospital or 8's the case may be, psychiatric nursing home, on the expiry of the period of leave (3) on receipt of an application under sub--section (1) the medical officer in charge may grant leave of absence to the mentally ill ptn"son 35 for such period (not exceeding thirty ·days at a time and not exceetijqg qne hundred and eighty days in the aggregate) and sqpject to ,udi conditions as may, in the interests of the health and per_ona! safe\y of the mentally ill person or for the protection of others, be speoifieclin the order 40  (4) where the mentally ill person is not brought back t9 the psychiatric hospital or psychiatric nursmg home on the expiry of the leave granted to him under this section, the medical officer i1) charge $hall forthwith report that fact to the magl!;trate within the local limite qf wlwliej,urisdictiqn such hospital or nursing home is situate and the ~trate may, after making such inquiry as he may deem fit, make an oilier, directing him to be brought back to the psychiatric ho$pital or psycmatnc nul'silli home, as the case may be s (:i) nothing contamed ill thi's st!c~ion suall ap1j1y lo a volun~ary patlelll l't!lerrt!ci to in sectlon i;) anu tnt; prov - :ilollb or st!cl10ll ib shah apply to him grant of leave of absence by magis-tralt'! 49 (1) where the medical officer in charge refuses to grant leavt: of absence to a mentally ill person under section 48, the applicant -may 10 apply to the magistrate within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein the mentally ill person is detained is situate, for the grant of leave of absence to the mentally ill person and the magistrate may, if he is satisfied that it is necessary so to do, and on the applicant entering into a bond in accol'-is dance with the provisions of sub-section (2), by order, grant leave of absence to the mentally ill person for such period and subject to such conditions as may be specified in the order (2) every bond referred to in sub-section (1) shall be with or witholut sureti€s and for such amount as the magistrate may decide and shall 20 contain the undertaking referred to in sub-section (2) of section 48 (3) 'the magistrate shall forward a copy of h:s order to: the medical officer in chali"ge and on receipt of such order, the medical officer in charge shall entrust the mentally ill person to the person on whose application the leave of absence was granted under this section  part iv removal50 (1) any mentally ill person other than a voluntary patient referred to in section 15 may, subject to any general or special order of the state government, be removed from any psychiatric hospital or psychiattic 30 nursing home to any other psychiatric hospital or psychiatric nursing home within the state, or to any other psychiatric hospital or psychiatric n~sing home in any other state with the consent of the government of that other state: removal of mentally ill person from one psychiatric hospital or psychiatric nursln, home to another provided that no mentally ill person admitted to a psychiatric hospital 35 or psychioatric nursing home under an order made in pursuance of an application made under this act shall be so li'emoved unless intimation ther~f has been given to the applicant (2) the state, government may make such general or special order as is thinks fit directing the removal of any mentally ill offender from the place where he is for the time being detained, to any psychiatric hospital, 40 psychiatric nursing home, jailor other place of safe cuswdy in the state or  to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in any other state with the consent of the government of that other, state  admission detention and retajdng in certain ell  4s 51 every person brought into a psychiatric hospital or psychiatric nursing home under any order made under this act, may be detained or, as the ease may be admitted as an inpatient therein until he is removed or is discharged under any law, and in case of his escape from such hnapltal or nursing home be may, by virtue of such order, be retaken by any police officei' or by the medical officer in charge or arty officer 61' servant of such hospital or nursing home, or by any other person authorised in that behalf by the medical officer in charge, and conveyed to, and received and detained or, as the case may be, kept as an inpatient in such hospital or nursing home: 5 provided that in the case of a mentally ill person (not being a mentally ill offender) the power to retake as aforesaid under this section shall nolt be exercisable after the expiry of a period of one month from tile date of his escape appeal from orders of magiatrate 52 any person aggrieved by any order of a magistarate, passed under 10 any of the foregoing provisions may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the magistrate exercised the powers, and the decision of the district court on such appeal shall be final  chapter v judicial inquisition regarding alleged mentally ill person possessing property, custody of his person and management of his property53 (1) where an alleged mentally ill person is possessed of property, an application for holding an inquihition into the mental condition of such person may be made either-20 (a) by any of his !relatives, or application for judicial inquisition (b) by a public curator appointed under the indian succession act, 1925, or 39 of 1925, (c) by the advocate-general of the state in which the alleged mentally ill person resides, oil' 25 (d) where the property of the all~ged mentally ill person comprises land or interest in land, or where the property or part thereof is of such a nature as can lawfully be entrusted for management to a court of wards established under any law for the time being in force in the state, by the collector of the district in which such land 30 is situate, to the district court within the local limits of whose jurisdiction the alleged mentally ill person resides (2) on receipt of an application under sub-section (1), the district court shall, by personal service or by such other mode of service as it 35 may deem fit, serve a notice on the alleged mentally ill person to attend at such place and at such time as may b,e specified in the notice or shall, in like manner, serve a notce on the person having the custody of the alleged mentally ill person to produce such person at the laid place and at the said time, foo' being examined by the district court or by any 40 other person from whom the district court may call for a report con cerning the mentally ill person: provided that, if the alleged mentally ill person is a woman, who according to the custom prevailing in the area where she resides or according to the religion to which she belongs, ought not to be compelled 4s to appe8lf in pubuc, the district court may cause her to be examined by iasulna a commisaioo as provided in the code of civil procedure 1908 (3) a copy cd the notice under sub-section (2) shall also be served upon the applicant and upon any relative of the alleged mentally ill s person or other person who, in the opinion of the district court, shall have notice of judicial inquisitir-n to be held by it (4) for the purpose of holding the inquisition applied for, the district court may appoint two or more persons to act as assessors 54 on completion of the inquisition, the district court shall record 10 its findings on,-(i) whether the alleged mentally ill person is in fact mentally ill oil' not, and issue on which ftndlnl should be eiven by district court after inqui_ sition (ii) where such person is mentally ill, whether he is incapable of taking care of himself and o~ managing his property, or incapable is of managing his property only 55 (7) where the district court records a finding that the a])eged mentally u1 person is in fact mentally ill and is incapable of taking care of himself and of managing his property, it shall make an oi'der for the appointment of a guardian under 9cc1;ion 56 to take care of his person 20 and of a manager under section 57 for the management of his property provision tor appointingguardian of mentally ill person and for manager of property (2) whe"p the district court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of managing his property but capable of taking care of himself, it shall make an order under section 57 regarding the management of his property 25 (3) where the district court records a finding that the alleged mentally ill person is not mentally ill, it shall dismiss the application (4) where the district court deems fit, it may appoint under su~ section (1) the same person to be the guardian and manager 56 (1) where the mentally ill person is incapable of taking care of 30 himself, the district court or, where a direction has been issued under sub-section (2) ot section 57, the collector of the district, may appoint any suitable person to be his guardian: appointmentot guardian of mentally ill person plrovided that, no person, who is the legal heir of the mentally m person, shall be appointed to be the guardian unless the diatrict coort 3s or, as the case may be, the collector, for reasons to be recorded in writ ing, considers that such appointment is for the benefit of the mentally ill person (2) in the discharge of his funetions under sub-section (1), the collector shall be subject to the supervision and control of the state 40 government or of any authority appodnted by it in that behalf, 57 (1) where the property of the mentally ill person who is in~ capable of managing it is such as can be taken charge of by a court af wards under any law for the time being in force, the district court shall authorise the court of wards to take charge of such property, and thereupon, notwithstanding anything contained in such law, the court of 5 wards shall assume the management of such property in accordancew'jth that law appointmentof manager for management of propertyor mentally ill person (2) where the property of the mentally ill person consists in whole or in part of land or of any interest in land which cannot betaken charge of by the cqurt of wards, the district court may, after obtain  10 ing the consent of the collector of the district in which the land is situate, direct the collector to take chaige of such part of the properly or interest the~ein of the mentally ill person as cannot be taken charge of by the court of wards (3) where the management of the property of the mentally ill person 15 cannot be entrusted to the court of wards or to the collector under sub-section (1) or sub-section (2), as the caf:e may be, the district cour shall appoint any suitable per'3on to be the manager of such property appoint ment of manager by collector 58 where the property of a mentally ill person has been entrusted to the collector by the district court under sub-section (2) of section 57, he may, subiect to the control of the state government or of any 20 authcuity appointed by it in that behalf, appoint any suitable person fori fhe management of the property of the mentally ill person manager of propertyto ed!cute bond 59 every person who is appointed as the manager of the property of a mentally ill person by the district court or by the collector shall, 25 if so required by the appointin'g authority, enter into a bond for such sum, in such form and with such sureties as that authority may specify, to account foir' all il'eceipts from the property of the mentally ill person 60 the guardian of a mentally ill person and the manager of his property appointed under thi~ art shall be paid,from out of the pro' 0 perly of the men tall v ill person, such allowance as the appronting 3 authority may determine remuneration of managers and guardians 61 (1) every person appointed as guardian of a mentally ill person duties of guardian or manager of his property, or of both, under this act shall have the care of the mentally ill person 01' his property, or of both and the responsible for the maintenance of the jl"e'ntally ill person and of such members 0" 35 his family as are dependent on him (2) where the person appointed as 'guardian of a mentally ill pemion is different from the person appointed as the manager of his property, the mana1ter of his rrope'rty shall pay to the ~ardian of the m~tally ttl per::on such allowance as may he fheed by the authority aippointing 40 the guardian for the maintenance of the mentallv ill person and of 'such members of his famdy as are dependent on him powera of 82 (1) every manager appointed under this act shall, subject to the manapr provisions of this act, exercise the same powers in regard to the manage met of the ,property of the mentally ill person in respect of which be ii 45 iifpoblted 18 manager ,as the mental1y ru penon would h'ave' exercise4 as owner of the ·property had he not been mentally ill, and shall release lid claims due to the estate of the mentally ill person and pay all debts and discharge all liabilities legally due from that estate: s provided that, the manager shall not mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person or lease out any such property for a period exceeding five years unless he obtains the permission of the district court in that behalf 10 (2) the district court may, on an appllcation made by the manager, grant him permission to mortgage, create a charge on, or, transfer by aale, gift, exchange or otherwise, any imm{)vable property of the mentally ill person or to lease out any such property for a period exceedmg five years, subject to such conditions or restrictions as that court may think fit to 15 impose \ (3) the district court shall cause notice of every application for permiiaion to be served on any relative or friend of the mentally ill person and a1iter considering objections, if any, received from the r·elalive or jjriend and after making such inquiries as it may deem necessary, grant 20 or refuse permission having regard to the interests of the mentally ill person m,-pager to furnish inventory and annual accounts 63 (1) every manager appointed under this act shall, within a period of six months flrom the date of his appointment, deliver to the authority, which appointed him, an inventory of the immovable property belonging lis to the mentally ill person and of all assets and other movable property received on behalf of the mentally ill person, together with a statement of all claims due to, and all debts and liabilities due by, such mentally ill person (2) every such manager shall also furnish to the said appoijlting 30 authority within a period of three months of the close of every financial years, an account of the property and assets in his charge, the sums reo ceived and disbursed on account of the mentally iji person and the balance remaining with him 64 every manager appointed under this act may, in the name and on 35 behalf of the mentally ill person,-(el) execute all such conveyances and instruments of transfers by way of sale, mortgage or othettwise of property of the mentally ill person as may be permitted by the district court; and manager's power to execute conveyances under orders of district court (b) sul1ject to the orders of the distridt court, exercise an powers vested in that behalf in the mentally m per9on, in his individual capacity or in his capacity its a trustee or as a guardian manager to perform contracts directed by district court 85 where the mentally ill person had, before his mental illness, contracted to sell or otherwise dispose of his property or any portion thereor,and if such contract is, in the opinion of the district court, of such 4s 8i natw'le as ought to be performed, the district court may direct the manager appointed under 'this act to perform such contract and to do such other acts in fulfilment of the contract as the court considers neces-881"y and thereupon the manager shall be boulld to act accordingly   18 where a mentally ill person had been engaged in business before so he' bef;ame mentally ill, ·the district co\u't may, if it appeart to be for disposal of business pretnf •• the beneftt of the mentally ill person to dispose of his business premisea, direct the manager appointed under this act in relatioa to the property of such person to sell and dispose of such premises and to apply the sale proceeds thereof in such manner as the district court may direct and thereupon the manager shall be bound to act accordingly s manager may dispose of leases 67 where a mentally ill person is entitled to a lease or underlease, and it appears to the manager appointed under this act in relation to the property of such person that it would be for the benefit of the mentally ill person to dispose of such lease or underlease, such manager may, after obta:ning the orders of the district court, surrender, assign or 10 otherwise dispose of such ilease or underlease to such person for such consideration and upon such terms and conditions as the court may ciirect 68 the district court may, on an application made to it by any person concerning any matler whatsoever connected with the mentally ill person or his property make such order, subject to the provisions of, 15 this chapter, in relation to tha,t matter as in the circumstances it thinks fit power to make order concerning any matter connected with mentally ill person 69 if any l'ialative of the mentally ~11 person or the collector impugns, by a petition to the district court, the accuracy of the inventory or statement referred to in sub-section (1), or, as the case may be, any 20 annual account referred to in sub-section (2), of section 63, the court may summon the manager and summarily inquire into the matter iuld make such order thereon as it thinks fit: proceedinr if accuraeyof inventory or accounts is impugned provided that the district court may, in its discl"etion, refer silch petition to any court subordinate to it, or to the collector in any case 25 where the manager was appointed by the colleotor and the petition is not presented by the collector, 70 all sums received by a manager on account of any estate in excess of what may be required for the current expenses of the mentally ill pemon or for the management of his prope1'1ty, shall be paid into the 30 public treasury on account of the estate, and shall be inv,ested from time to time 'in any of the securities specified in section 20 of the indian payment into public treasury and investmentof proceeds at estate trust~ act, 1882, unless the authority which appointed him, for rea!sons z at ibn to be recordal in writing, directs that, in the interests of the mentaiiy ill person such sums be otherwise ~vested or applied 35 71 any relative of a mentally ill person m8ly, with 'the leave of the relative may sue tor accounts di~rict court, sue for an account from any manager appointed under this act, or from any such person after his removal from office or trust, or from his legal representative in the case of his death, in respect of any property then or formerly under his management or of any sums of 40 money or other property received by him on account of such property removal of managers and iwu'cilada 72 (1) the manager of the property of a mentally ill person may, for !iklfftclent cause and for reasons to be recorded in writing, be removed by !the authority which appointtrihim and such authority-may appold~ a new manager in his place 4s , · (!) any manager removed under ~ub-seetion (1) shall be botinc1 to dfillver the eh81 ge of 811 property of the mentally ill person· to the new manager, and to account for all moneys received or disbursed by hini (3) the district court may, for sufficient cause, remove any guardian 5 of a mentally ill person and appoint in his plaoe a new guardian 73 (1) where a person, being a member of a partnership finn, is found 10 be mentally ill, the district court may, on the application of any other partner for the dissolution of partnership or on the application of any petrson who appears to that court to be entitled to seek such 10 dissolution, dissolve the pailtnership (2) upon the dissolution under sub-s'ection (1), or otherwise, in due cour,;e of 18lw, of a partnership fi\t'm to which that sub-section applies, the manager appointed under this act may, in the name and on behalf bf the mentally ill person, join with the other partners in disposing of dissolution and disposal of property of partnership on a member becomin, mentally ill i s the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the district court may direct 74 (1) notwithstcmding anything contained in the foregoing provis~ons, the district court may, instead of appointing a manager of the 20 estate, order that in the case of cash, the cash and in the case of any other property the produce thereof, shall be realised and paid or delivered to such person as may be appointed by the district court in this behalf, to be applied for the maintenance of the mentally ill person and at such members of his family as are dependent on him (~) a receipt given by the person appointed under sub-section (1) 2s shall be valid discharge to any person who pays money or delivers any property of the mentally ill person to the person so appo:nted power to apply property for maintenance of mentally ill person without appointin, manager in certain cases 75 where any stock or government securities or any share in a company (transferable within india or the dividends of which are pay-30 able therein) is or are standing in the name of, or vested in, a mentally ill person beneficially entitled thereto, or in the manager appointed under this act or in a trustee for him, and the manager dies intestate, or himself becomes mentally ill, or is out of the jurisdiction of the district court, or it is uncertain whether the manager is living or dead, or power to order transfer of stock belonlin, to mentally ill person in certain cas  3s he neglects or refuses to transfer the stock, securities or shares, or to receive and pay over thereof the dividends to a new manager appointed in his place, within fourteen days a£ter being required by the court to do so, then the distriet court may direct the company or government concerned to make such transier, or to transfer the same, and ,to receive 40 and pay over the dividends in such manner as it may direct 76 where any stock or government securities or share in a company is or ~ standing in the name of, or vested in, any person residing out of india, the district court upon being satisfied that such person has been decland to be mentally ill and that hij personal estate has been 4s vested in a person appointed for the management thereof, according to the law of the place where he is residing, may direct the company or government concerned to make such transfer of the stock, securities or | power    | to    ||----------|-------|| order    |       || transfer |       || of       | stock || c1f      |       || mentally |       || ill      |       || person   |       || residing |       || out      | of    || india   |       |~ or of any part thereof, to or into the name of the person so appointed or othel"wise, and also to receive and pay over the dividulds and proceeds, as the district court thinks fit 77 if it appears to the district court that the mental illness ofa mentally ill person is in its nature temporary, and that it is expedient s ito make provision for a temporary period, for his main'tenance or for the maintenance of such members of his family as are dependemt on him, the district court may, in like manner as under seeticm 74, direct his property or a sufficient part theroof to be applied for the purpose ifi· ed th  10 spec eorem power tel apply property for mentally ill person's maintenance in case of temporary mental illness 78 (1) where the district court has reason to believe that any petson who was found to be mentally nr nfter inquisition under this chapter has ceased to be mentally ill, it may direct any court subordinate to it ito inquire whether such person has ceased ,to be mentally ill (2) an inquiry under sub-section (1) shall, so far as may be, be con- is ducted in the same manne!i' as an inquisition conducted under this chapter action taken in respect of mentally ill person to be set aside if district court finds that his mental linea baa ceased (3) if aofter an inquiry under 'this section, it is found that the mental illness of a penion has ceased, the district court shall order all aritons taken in respect of the mentally ill person under this act to be set aside 20 on such terms and conditions as that court thinks fit to impose appeals 79 an appeal ~al1 lie to the high court from every order made by a district court under this chapter so the district court may, from time to time, make i'iegulations for the purpose of carrying into effect the provisions of this chapter 2s power of district court to make regulations  chapter vi liab1lity -to meet cost of maintenance of mentally ill persors dftaina> in psychiatric hospital or psycinatric nursing homb81 the cost of maintenanee o£ a mentally ill person detained as an inpatient in any psychiatric hospital 01' psychiatric nursing home 30 shall, unless otherwise provided for by any law for the time being in force, be borne by the government of the state wherein the authority which passed the order in relation to the mentally ill person is subordinate, u-cost of maintenance to be borne by government in cenain cases (4) that authority which made the order has not taken an 35 undertaking from any person to bear the cost of maintenance o~ such mentally ill person, and (b-) no provision for bearing the (!ostof maintenance of 111gb person has been made in the said order ti whare an alleged mentllly ill penon is uresied on being found wandering at large, any eash or other article found in the poaaesaion of lu'eh person shall be produced by the arrestin! authority before the agisa-ate before whom the said person is produced, and thereupon, s the magistrate shall direct the artiele found in the possession of such person t~ be sold and the sale proceeds thereof and the cash found with such person be applied for the cost of maintenance of such person in any paychiatric hospital or psychiakic nursing home applica-tion of property' in p0ssession of mentally ill persor found wandering 83 (1) where any mentally ill person detaided in a psychiatric io hospital or psychiatric nursing home has an estate or where any person legally bound to maintain such person has the means to maintain such person, the government liable to pay the cost of maintenance of such person under section 81 or any local authority liable to bear the cost of ~intedance of such mentally ill person under any law for the time 15 being in force, may make an application to the district court within whose jurisdiction the estate of the mentally ill person is situate or t~e person legally bound to maintain the mentally ill person and having the means therefor resides, for an order authorising it to apply the estate of the mentally ill person to the cost of maintenance or, as the case may 20 be, directing the person legally bound to maintain the mentally ill person and having the means therefor to bear the cost of maintenance of such mentally ill person application to di&trict court tor payment of cost of maintenance out of estate of mentally ill person or from a person legally bound to maintain him (2) an order made by the district court under sub-section (1) shall be enforced in the same manner, shall have the same force and effect 25 and be subject to appeal, as a decree made by such court in a suit in respect of the property or person mentioned therein: provided that, if the district court so directs, any sum payable in pursuance of an order made under sub-section (1) shall be recoverable as an arrear of land revenue 3') 84 nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentahy ill person  chapter vii penaltiils and procedure35 85 (1) any person who establishes or maintains a psychiatric hospital or psychiatric nurling home in contravention of the provisions of chapter ii shall, on conviction, be punisltable with imprisonment for a term which may extend to thlree months, or with fine which may extend to two hundted rupees, ot with both, and in the case 40 of a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fihe which may extend to one thousand rupees, or with both persons legally bound to maintain mentally ill person not absolved trom such liability penalty for establishment or maintenance of psych-iatric hospital of pbychatric nursing home in contraveq-tion ot chaptern (2) whoever, after conviction under sub-section (1), continues to maintain a psychiatric hospital or psychiatric nursing home in contra-45 vention of the provisions ot chapter ii, shall, on conviction, be punishable with fine which may extend to one hundred rupees for every day after the first day during which the contravention is continued 86 any person who receives or detaina or keeps a mentally nl person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provisions of this act, shau, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with 5 b:>th penalty for improper reception of mentauy ill person penalty for contravention of bections 63 and '12 87 any manager appointed under this act to manage the property of a mentally ill person, who contravenes the provisions of section 63 or sub-section (2) of section 72, shall, on conviction, be punishable with fine which may extend to five hundred rupees and may be detained in 10 a civil prison till he complies with the said provisions general provision for punishmentof other offences 88 any person who contravenes any of the provisions of this act or of any rule or regulation made thereunder, for the contravention of which no penalty is expressly provided, in this act, shall, on conviction, be punishable with imprisonment for a term which may extend to six 15 months, or with fine which may extend to five hundred rupees, or with both offences by companies 89 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of 20 the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was 2s committed without his knowledge or that he had exercised all dui! diugence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or con- 30 nivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly 35 explanation-for the purposes of this section,-(a) "company" means a body corporate and includes a firm or other association of individuals; and (b) '''director'', in relation to a firm, means a partner in firm the 40 sanction for pro-mcgtlonl 90 notwithstanding anything contained in the code of criminal procedure, 1973, no coull't shall take cognizance of any offence punishable under section 85, except with the previous sanction of the licensing authority  chapter vln miscellaneous2 of 1974 provision as to bonds 81 the provisions of chapter xxxiii of the code of cririlinal pro~ eedure, 1973, shall, as fer as may be, apply to bonds taken under this 5 act half yearly report by medlcal officer 92 the medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any mentally ill person is detained under the provisions of this act, shall, once in ~very six months, make a special report regarding the mental and physical condition of every such person io to the authority under whose orders the person is so detained 93 (1) where any sum is payable in respect of pay, pension, gratuity 01' any allowance to any person by any government and the person to whom the sum is payable is certified by a magistrate under this act to be a mentally ill person, the officer under whose authority such sum pension, etc,ot mentally ill person payable by government j 5 would be payable, may pay to the person having charge of the mentally ili" person so much of the said sum, as he thinks fit, having regard to the cost of maintenance of such person and may pay to such members of the family of the mentally ill person as are dependent on him for maintenance, the surplus, if any, or ~uch part thereof as he thinks fit hat'ing 20 regard to the cost of :naintenanrc of such members (2) where there is any further surplus amount available out of the funds specified in sub-section (1) after making payments as provided in that sub-section, the government shall hold the same to be dealt with as follows, namely:-25 (a) where the mentally ill person is certified to have ceased to be mentally ill by the district court within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of the surplus amount shall be paid back to that person; 30 (b) where the mentally ill person dies before payment the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same; 35 (e) where the mentally ill person dies during his mental illness without leaving any person legally entitled to succeed to his estate the whole of the surplus amount shall with the prior permission of the district court be utilised for such charitable purpose as may be approved by the district court (3) the central government or the state government as the case may be, shall be discharged of all liability in respect of any amounts paid in accordance with this section 40 m (1) where, in any proceeding before a magistrate, the mentally ill person is not represented by a legal praetitioner and where it appears to the magistrate that the penon has not sufticient means to eng  e a legal practttioner, the magistrate shall assip a legal practitioner to represent him at the expense of the state legal aid to mentally ill person at state expense in certain cueto 45 (2) the high court may, with the previous approval of the state government, make rules providing for-(a) the mode of seteettng legal lh'aetitioners for the purpose of sub-sedion (1); (l? ) the facilities to be allowed to such legal practitiodel'8;  (c) the fees payable to such legal practitioners by the goverament and generally for carrying out the purpose of sub-section (1) s (3) for the removal of doubts it is hereby declared that tbe provi-iims of this section slaau not apply to any proceeding for inquisition uader chapter v of this ad etplanation-iil this section "legal practitioner" shall have the meabing assigned te it in dause (i) of sec:tion z of the anocates act, 10 25 of 1961 1961 95 (1) no suit, prosecuthn or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made 15 thereunder protection of action taken in good faith (2) no 8uit or other legal prooeeding shall lie against the government for any damage caused or lik-ely to be caused for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder m any reference in this act to a law which is not in force in the 20 state of jammu and kashmir shall, in relation to that state be construed as a reference to the corresponding law, if any in force in ,that state construction of references to laws not in iiorcein jammu and kashmir 97 (1) the state government may by notification in the oftlcial g~zette make rules for carrying out the provisions of this act 25 | power    | to    ||----------|-------|| state    |       || govern-  |       || ment     | to    || make     |       || rules    |       |(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the clinical conditions referred to in clause (m) of section 2; (b) the class or category of persons for whom separa~e p~)'chiat- 30 ric hospitals and psychiatric nursing homes may be established and maintained under clause (c) of sub-section (1) of section 3; (c) the form in which,-(ii) an application shau he made for grant or renewal of a licence and the fee payable in respect thereof under section 5- or~ as 35 the case; may be, section 9; (ii) a lice,nce shall be granted for the establlshment or m"intenance of a psychiatric hospital or a psychiatric nurs~ home under section 6; (iii) an applieation shall be made by any relative or friend of a mentally ill person for a temporary treatfnent order 40 under section 20;  (it,) an application shall be made for a reception, order under section 22; (v) a medical certificate, referred to in sub-section (6) of section 22 shall be granted; (vi) an application shall be made for the admission of a mentally ill person in an emergency under sub-section (1) of sec-:' tion 28; (vii) a certificate shall be given by a medical practitioner for the admission of a mentally ill person in an emerg~ under sub-section (2) of section 28; (d) the manner in which applic8ltion for a reception order shall 10 be signed and verified under sub-section (6) of section 22; (e) the minimwn facilities referred to in the proviso to section 9 to be provided in a psychiatric hospital or psychiatric nusing home for the treatment and care of mentally ill persons; (f) the manner in which an order refusing to grant, or i e\'ok;n~ 15 a licence shall be communicated under section 6 or, as the case may be, section 11; (g) the manner in which and the conditions subject to which a licensee shall maintain a psychiatric hospital or psychiatric nursing home under section 10; 20 (h) the manner in which licensees shall maintain records under sub-section (1) of sellction 13; (i) the manner in which and the form in which and the period within which an appeal against any order refusing to grant or renew a licence or revoking a licence shall be preferred and the fee payable in respect thereof under section 12; (j) the facilities to be provided under section 14 for the treatment of a mentally ill person; (k) the qualifications of persons to be appointed as visitors and the terms and conditions on which they may be appointed, under section 40; 30 (l) any other matter which is required to be, or may be, prescribed (3) any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to five 35 hundred rupees effect of act on other laws 98 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect power to remove difficult)' 40 91 if any difficulty arises in giving effect to the provisions of this act in any state, the state government may, by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty: provided that no order shall be made under this section in relation 45 to any state auer the expiry of two years from the date on which thl act comes into force in that state 100 (1) the indian lunacy act, 1912 and the lunacy act, 1977, are hereby repealed and kashmir act 215 of 1977 (19z0 ad) (2) notwithstanding such repeal, anything done or any action taken under either of the said acts shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed 5 to have been done or taken under the corresponding provisions of this act and shall continue in force until superseded by anything done or any action taken under this act  statement of objects and reasonsthe attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage thus the mentally ill persons are to be treated like any other sick persons and the environment around them should be made as normal as possible 2: the experience of the woil'king of the indian lunacy act, 1912 has revealed that it has become out-moded with the npid advance of medical science and the understanding of the nature of the malady, it has become necessary to have fresh legislation with provisions for treatment of mentally ill persons in accordance with the new approach 3 it 1s considered necessary-(i) to regulate admission to psychiatric hospitals or psychilltric nuil'sing homes of mentally ill persons who do not have sufficient understanding to seek treatment on a voluntary basis, and to protect the rights of sl,jch persons while being detained; (ii) to protect society from the presence of mentally ill persons who have become or might become a danger or nuisance to others; (iii) to protect citizens from being detained in psychiatric hospitals cr psychiatric nursing homes without sufficient cause; (iv) to regulate responsibility for maintenance charges of mentally ill persons who are admitted to psychiatric hospitals or psychiatric nursing homes; (v) to provide facilities for establishing guardianship or custody of mentally ill persons who are incapable of mana~ng their ~ affairs; (vi) to regulate the powers of state governments for establishing, licensing and oontrollins p~chiatric hospitals and psychiatric nursing homes for mentally ill penions; (vii) to provide for legal aid to mentally ill persons at state expense in certain cases 4 the main object of the bill is to implement the aforesaid proposals the notes on clauses appended to the bill explain in detail the various provisions thereof new delhi; the 25th april, 1978 jagdambi prasad yadav pllesip~it's recommendatiqn under allticle 117 of 'me constitution of india [copy of letter no h 1101r/1/78--pms', dated the mq may, 1978 from shri jagdambi prasad yadav, minister of state in the ministry of health and family welfare to the secretary, lok sabha] the president, having been informed of the subject matter of "the mental health bill, 1978", recommends under clauses (1) and (3) of article 117 at t~e constitutiqn, the introduction of the said bill and its copsideratjon by th~ l,ok sablul clause 2-this clause, corresponding to section 3 of the indian lunacy act, 1912 (hereinafter refel'li'ed to as the old act), contains the definitions in view of the change in the attit~de of the society towards persons afflicted with mental illness, the out-moded expressions like "asylum", "criminal lunatic" and "lunatic" have been substituted by suitable alternative expressions such as "psychiatric hospital or psychiatric nursing home", "mentally ill offender" and "mentally ill person" the definition of the expression "mental illness" has been suitably modified t) make it comprehensive expressions like "medical practitioner", "psychiatrist" and "temporary treatment order" have also been defined in accordance with the scheme of the bill cla1l8e 3-this clause corresponds to section 84 of the old act it empowers the central government in any part of india or the state government within the limits of its juli'isdiction to establish or maintain psychiatric hospitals or psychiatric nursing homes for the admission, treatment and care of mentally ill persons clauses 4 to ll-clause 4 provides tnat no person shall establish or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid licence in that behalf clauses 5 to 10 relate to the application for licence, grant or refusal of licence, duration of licence, renewal and revocation of licence, etc these are self-explanatory clause l2-'l'his clause provides an opportunity to an aggrieved person to appeal against an order of the licensing authority refusing to grant o'i'renew a licence or revoking a licence clause l3-this clause provides for the inspection of psycniatric hospitals and psychiatric nursing homes by inspecting officers for the purpose of inquiring into any complaints made by or on behalf of patients as to the treatment and c;are therein such inspecting officers can also requia'e the production of any records which are required to be kept in such hospitals or nursing homes clause 14-this clauae provides for the facilities to be provided in a licensed psychiatric hospital or licensed psychiatric nursing home fur the treatment of mentally ill persons whose condition do not warrant for their admission as in-patients clauses 15 to 17-these clauses provide foil' admission of mentally ill perscms to any psychiatric hospital or psychiatric nursing home for treatment as volwltary patients clause 16 (2) also provides that the state government may in certain cases bear the cost of mainterialice of the volwltary patients clause 17 provides that all voluntary patients shall be bound to  abide by regulations of the psychiatric hospital or psychiatric nursing home wherein they are in-patients clause lb-this clause provides for the leave of absence of ditichal'ge of voluntary patients   _ ~ w • ,;~ clause 19-this clause provides that any mentally ill person who does do~or is unable to, express his willingness for admission as a voluntary patient may be admitted and kept as an in-patient in a psychiatric hospital or psychiatric nursing home on an application made by a relative of the mentally ill person for a period not exceedmg ninety days if the medlcal olicer in charge of such hospital or nursing home is satisfied that in the interests of the mentally ill person it is! necessary so to do cla:use 20-this clause provides fur temporary treatment order of the mentally ill person on an application made to the magistrate by a relative ()jl" friend of a mentally ill person sub-clause (2) of this clause provides that every such application should be accompanied by two medical certificates from two medical practitioners (including a psychiatrist) of whom one shall be a medical practitioner in the service qf the government to the effect that the condition of such mentally ill person is such that he should be kept under observation as an in-patient in psychiatric hospital or psychiatric nursing home clause 21-this clause provides for discharge of persons detained in psychiatric hospitals or psychiatric nursing homes under tempol"ary treatment order  c1auses 22 to 26-these clauses correspond to sections 5 to 7 of the old act clause 22 provides that a medical officer in charge or the husband, wife or anx otlier relative of the mentally ill person may make an application for a reception order where such mentally ill person is suffering from a mental disorder of such a nature and degree that his treatment is required to be continued for more than six months every such application should be accompanied by two medical certificates from two medical practitioners (mcluding a psychiatrist) of whom one sliall be a medical practitioner in the service of the government   , clause 23 provides for the form and contents of medical certificates -clause 24 provides for the procedure to be followed on receipt of an applicati9d under clause 22 clause 25 provides for the powers and duties of police oftlcers in respect of certain mmta11y ill persons it empowers the officer in charge of a police station to arrest or to cause to be4 arrested any person found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself and any person within the limits of his station whom he has rreason to believe to' be dangerous by reason-of mental illness clause 26 provides for the procedure to be followed on produc-tion of mentally ill person before a magistrate clause 27-this clause corresponds to sections 13 and 15 of the old act it empowers every officer in charge of a police statton who has reason to believe that any person within the limits of his station is mentally ill and is not under proper care and controlqr is ill"-treated or neglected by any relative or other person having'charge,afsuch mentally ill person to report forthwith such fact to the magistrate within the local limits of whose jurisdiction such mentally illpersbn: resides clause 28-this clause provides for admission of mentally ill person ;'in'emergency on an' applieation made by any'medreal offieer or'medical -practitioner or any :friend (,r relative of a mentally ill person where he is of opinion that unless such mentally ill 'person' -i~fliwm'edfately' ilamitted to' 'any psychiatric fiospital or psychiatric nursing home foil' t/r~atment' the health bnd personal safety of such ~rson 'or'of'-others)waj: be! in iiruni~ 'nent danger every such applicaticn shall be'-supported by s-d!t'tmcate to that effect from a medical practitioner clauobe 29-this clause corresponds to section 25 bf the old act it provides for the admission of a mentally ill "lierson as 'an -inwpatient itter inquisition held by any district court clause 3o-this clause corresponds to section 24 of the old act and , deals with the admission and detention of mentally ill offenders clause 31-this clause corresponds to section 16 of the old act and tletl'ls with the detention of alleged mentally ill person periding report" by medical officer -clause 32-this clause provides for the detention of mentally il1 person pending his removal to psychiatric hospi~al or psychiatric nursing home cwuse 33-this clause corresponds to section'19 bfthe old act it provides for the time and maimer of medical':elftmimltion:'of mentally ill persons clause 34-this clause deals with the authority for reception order or for temporaaoy treatment order in so far as it relates to the reception order it corresponds to section 20 of the old act clause 35-tbis clause provides for a copy of the tem~tary  tl'fiatment order or reception order to be sent to the medical officer in charge in so far as it relates to the reception order, it corresponds to section 21 of the old act clause 36-this clause provides for the' restiriotion"as'rto'~iatric hospitals or psychiatric nursing homes into which temporary treatment otaer or reception order may direct adm:ission in so far as it relates to reception order it coil'i'esporids to seetion 22 of the old act clause 37,-this clause corresponds to se'ctlori'!7 of'ttie tsld'act and 'beals with the ilm~ridment of any order or doctimetits clcuse 38-this clause corresl>onds to section ha of the ,tuda-ct and empowers the magistrate to appoint substitute for perstin ,upon whose application reception order has been maae clause 39-this clauliecorre!ipondshi'sectibn 17 'o'ft11c! dlcpllet and 6lumerates ofticers competent to exercise powers and aischarge funetiolll of glstrate under certain provisions of··this -bill clavaea 40 to 47-these, clauses correspoidd tg,~~s i~ i,q];3i pi the old ,act clause 40 provides for the appointment of visitors for every psycjli~,~ric 'hospital and psychiatric nursing home clause 41 provides for the monthly inapecti"d of p8f~hiatric hospitals or psychiatric nursing homes by visitors chluse 42 provides foa the inspection of meptally)ll o~e~ders 'by the inspector-general of prisons clause 43 deals with the ,order of discharge by v:isitona on the recommendation of the medical officer in charge clause 44 provides for the discharge of mentally ill penon on application clause 45 provides for the order of discharge of mentally iii person on: the undertaking of relative or friends, etc, for due care of such mentally ill ,per1wjl -clause 47 provides for the discharge of persons ,sudlequently found oq inguisition not to be of unsou,nd mind cjauses 48 and 49-clause 48 provides ,for l~ve ot,apfiepce on behalf of any mentally ill person (not being mentlllly ill off~nde:c} ulld~rgoing tre~mepyt a~ a~ in-patie,nt in any psychiatric hospital oil' psychiatric nu,r~i,r;te h,qjl1ejo be r'rat:lteri by thp·medical officer in charge clause 49 provides for such leave to b,c, gr~,t;1,t~d, b"y, a;~~istrate where the medical officer in chail"ge refuses to grant ,such ieave clause 50-this clause provides for th,e red1ovlil,l,of roe~l1y it;lperson, other than a voluntary patient from one,psychiatric hospitalor p,~ycj:\iatric nursing home to another ' clause 61-this clause corresponds to section 36 of th~ old ac~ it provides for the admission, detention and re~~k,i~g,of ",l)tally iilpersons , in certain cases cziju8e 52-this clause gives an opportuoity to th~ agw,-ieve,tl person to appeal against an order passed by a magistrate to ,the d~sjric,t court clauses 53 to 79-these clauses, moire or less, correspond to sections 37 to 83 of the old act: these clauses provide for applicaticn for ;urhcial inquisition: issues on which finding should be given bv district court after inquisition; appointment of gum"dian of mentally ill person; appointment of man~ for mana'g,ement of property ()·f mentallv ill pliu'son; appo~' ofmanager by collector; manager of promi"ty to execute bonds, to accoj,jnt, for all receipts from the property of mentallv ill person; remuneratiql! of manager and gut-1tciinn: duties of j!l1qrdian; pawers of manager to execute conveyances under orders of district court and other powers and functions of the mana ~er to furnish inventory and annual account· and to perform contracts directed by district court; disposal of business premises or, leases bv the m:'ln!lgl'!r under the direction of the district court'; power of district court to make orders concerning 'any other matter connected with the mentally ill person; proceedtn~ if accuracy of-iny,e~tqry or a~o\lnts is impugned; pa)"me~t in!o rpublic tr~9surv ~d investment of proceeds of estates; right of a relative of a men~ai1y m person to sue for accounts; removal of managers and guardians;· dialolution and disposal of partnership on a member becoming mentally fi}; power to apply property for majntenance of mentally m person without appointing manager in certain cases; power to order transfer of stock belonging to mentally pi p~rsl')n i!1 r,ertain c';>'3es; power to order transfer of stock of mentally ill person residing out of india; power to apply property for mentally ill pe~on's maintenance in case of temporary mental illness; action taken in respect of mentally ill persons to be ':t aside if district court finds that his mental illness has ceased, etc  ' clause 79 provides for an appeal to lie to the high court from any order made by a district court cltlu6e 80-this clause, empowers the district court to make regulations for the purposp of cnrryin's into effect the aforesaid provisioillj clauses 61 to m,·-these clauses correspond to sections 86 to 90 of the old act   clause 81 pr(wides for the cost of maintenance to be borne by government in certain cases clause 82 provides for the application of the property found on a mentally ill person who is arrested on being found wandering at large for the cost of his maintenance clause 83 provides for an application to be made to th~ di-;-irlcl court for payment of cc'st of maintenance of a mm'ltally ill person out of his estate nr from such person who is le~~l1y bound to maintain the mentally ill person -, clause 84 provides that nothin~ contained in the aforesaid provisions shall absolve a person who is lel!ally bourid to maintain a mentally ill pei"sf)n from mainta;ning sul~n niental1v ill person clauses 85 to 89-these clauses deal with t"he penalties and procedure they are self-explanatory_ c7au<:e 9o-this clause provides fot' the previous sanction of the licen~ing authority before any of the off('nces is taken cognizance of by auy court oil' magistrate   clause 91-'rhi~ clause corresponns tr:> section 94 of the old act and rl~al!" with bonds clau"e 92-thi::; clruse reouires the medieal officer in charge of a· psychiatric hospital or nsychiatrlc nursing home to make a special report once in every six months regal'ding the mental and physical condition of every mentally ill person detained therein to the authority unaer whose order the person is so detained   clause 93-this clause corresponds to section 95 of the old act it provides for the pay pension ~j\tuitv or any allowance to be pard to any mentally ill person by government; , clause 94-thi!t clause provides for le!1,al aid to mentally ill persons at state e'ypen!'!e in certain cases 'i' r -cla\c8e 95-thi$ clause provides fof the pro~tion of actlon taken in good faith  clatlbe 96-this clause provides for the construction of rderences to laws not in force in the state of jammu and kashmir clause 97-this clause empowers the state government to make rules for carrying out the provisions of this bill clause 98-this clause provides that provisions of this bill shall have effect notwithstanding anything inoonsistent therewith in any othel" law foli' the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect clause 99-this clause empowers the state government to remove any difficulty which may arise in giving effect to the provisions of this bill within a period of two years from the date on which tbis law comes into force ill the state concerned clause l00-this clause contains provisions regarding repeal and savings since this bill, when enacted, extends to the whole of indi; •• the indian lunacy act, 1912 (4 of 1912) and the lunacy act, 1977 (jammu and kashmir act 25 of 1977) are being repealed clause 3 of the bill empowers the central government to establish psy~tric hospitals 01' psychiatric nursing homes it is not possid1eto vi,,{~~ ,~, this stage as !to how many such hospitals or nul"lij:lg 'oomas: wouu~,~tabusbed· !tria, therefore, not possible 1;0 ·glve preciledewls of the expenditure involved; 2 • cja~ 40 of·the bill provides for the appointment of -visitors for pel:~ ,m,pection of psychiatric hospitals and psychiatric nursing hoqlt$ at presenti there is only one such hospital, namely, the centrai institute of psychi~try, ranchi, under the government :af' ind'ia~· apart from this, there are two more such hospitals in the un~ terri~o~~s of delhi and goa, daman and diu jo:lown as the h;9\spit~ for m;e~t~l djteaaes shahda1'8 and the menta~ hospital panaji, respectively the expenditure in ~ of the maint~a!l<:eofthe afores~~~~j>tt~s  a,j,1c\ 'the appoin1ment of visitors in relation itbereto is being made from out of the normal budgetary grants hence, no additional expenditure of a recurring or non-recurring nature over and above the said budgetary grants will be incurred on account of the said clause 3 clause 94 provides for legal aid to mentally ill persons at state expense in certnin cases the fees and the facilities to the legal practitionen: in such cases are to be prescribed by rules made by the high court it is, therefore, not possible to give precise details of the expenditure involved  memorandum regarding delegated legislationclause 97 of the bill empowers the state government to make rules for carrying out the provisions of the act the matters in respect of which rule may; be made have been enumerated in detail under various items; of sub-clause (2) of that clause and relate mainly to licensing and maintenance of psychiatric hospitals and psychiatric nursing homes; procedure fdr admission oj! mentally ill persons in psychiatric hospitals and psychiatric nursing homes and facilities to be provided for the treatmen t of mentally ill persons 2 the matters in respect of which rules may be made are of administrative detail and procedure, and as such, the delegation of legislative power is of normal character ,)  a billto consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto (shri jagdamhi ptasad yadav, ministet of state in the ministry of health and familiy welfare) 