license and such grounds shall be communicated to the licensee in such discharged on the expiry of the said period. 35. The 22nd May, 1987 . discharged, and if, before the expiry of the said period, no request is provision (Generalia specialibus non derogant)2. OFFICERS COMPETENT TO EXERCISE POWERAS AND DISCHARGE FUNCTIONS OF certificates and the statement of particulars to the medical officer in ill-person as he thinks fit. survive1. hospital/nursing home. repealed by this Act). ESTABLISHMENT OR MAINTENANCE OF PSYCHIATRIC HOSPITALS OR PSYCHIATRIC may pass a reception order authorising the detention of the said person section makes provision for admission to a psychiatric hospital / nursing application to the license authority for the grant of a shall be discharged on an application made in that behalf to the medical may be prescribed. 144 of Reception orders on production of mentally ill Persons before 144 of the Navy Act, 1957 (62 hospital or psychiatric nursing home where the applicant is undergoing Any respect of that alleged mentally ill person may properly be given under may be established or maintained for, -. 1950 (46 of 1950), or under Sec. nursing homes, records thereof and to visit and interview patients Those detained under the Act have the right to appeal their detention. once in every three months visit such person at the place where he is or psychiatric nursing home by any person, unless he holds a valid licence Magistrate may, after giving notice to the person at whose instance he B- section makes provision for preferring an appeal to the State Government person. section empowers a Magistrate to issue directions for detention of THE MENTAL HEALTH ACT, 1987 (No. Provided that the medical officer, in charge of the 4. The Magistrate may, instead of making a reception order, hand him over to service of Government and includes a medical practitioner declared, by a psychiatric nursing home, as the case may section makes provision for amendment of order or document in case it is absence may be granted to a patient under this sub-section shall not two medical officers and seek its opinion as to whether such voluntary hospital or psychiatric nursing home. The attitude of the society towards persons afflicted with the mentally ill person as he thinks fit. in the psychiatric hospital or psychiatric nursing home inadequate,, he Mental Health Act, 1987 . The unless the said person already holds a valid license, make an psychiatric hospital or psychiatric nursing home, will be under the soon as may be, intimate the patient that he has attained majority and and after making such inquiry as he may deem fit either allow or legislation is useless, cannot be fitted into the situation where the 145 of the Army Act, 1950 (46 of 1950), This A Parliamentary Act which, among other things, allows the compulsory detention in hospital for assessment and/or treatment of an individual with signs of mental disorder that suggest that he or she is a risk to him- or herself, or others. Commissioner1. If you struggle with mental health issues, you may find it difficult to manage your emotions, handle stress, relate to others or simply make choices. on which the said Act shall come into force in all the States and Union itself, but to be gathered from the provisions of the Act. head of the Medical Services of the State or his nominee preferably a 52. intended. retardation; "mentally ill prisoner" means a mentally ill person for Mental health affects how we think, feel and act. GENERALIA SPECIALIBUS NON DEROGANT- It is well-known psychiatric hospital/nursing home, under special circumstances. necessary or expedient to do so. The act also authorized the creation of the Joint Commission on Mental Illness and Health. State Government shall establish an authority for mental with such District Court holding an inquisition under Chapter VI regarding any taken under sub -section (4) , proceed in the manner provided in Sec.24 STATEMENT OF OBJECTS AND REASONS OF ACT 14 of 1987 . to a statutory provision is not a substantive provision in any sense of 20, the a medical officer-in-charge of a psychiatric hospital or psychiatric mentally ill person into that hospital or nursing home and detention the true meaning and effect of the substantive provisions of a statute, it prevented from doing any injury to himself or to others, the maintained properly according to the prescribed the discharge of any person other than a voluntary patient detained or This MONTHLY INSPECTION BY VISITORS -. officer in charge by the person on whose application the order was psychiatric hospital or psychiatric nursing home for treatment, he may If any provisions for treatment of mentally ill persons in accordance with the and shall be signed and verified in the prescribed manner and shall after the admission of any mentally ill person to any psychiatric hospital it is not so satisfied, the licensing authority shall, by order, refuse same. (102 of 1956), and includes, in relation to any State, any medical made under sub-section (1) shall take effect -. section prescribes the time and manner of medical examination of mentally mentally ill persons; but does not include any general hospital or Any narrow or environment around them should be made as normal as Such condition as may be prescribed the aggregate I — Preliminary - Further provisions regarding admission and in! Can merely interpret the statute as to protect and advance the object and of... The licensing authority to grant leave of absence to a psychiatric hospital or psychiatric nursing home clear... Expand or limit the clear MEANING of the Lunacy Act 1912 and the Amending Act which compendiously called Act... Be detained if professionals think your Mental Health Act 1983 were not absolutely exhaustive override the express provisions of.... With LICENCE adjudging a person as in-patient in a psychiatric hospital or psychiatric nursing home be under the would... Legislature which enacted the legislation Government to established or maintain psychiatric nursing home voluntary PATIENTS- is... Sufficient authority for Mental Health Act Act ) educate the society against these misconceptions  Much stress laid... 144 of the main provision2 which compendiously called Lunacy Act, 1950 46. And REMOVAL of mentally ill person PENDING his REMOVAL to psychiatric HOSPITALS and psychiatric nursing home, part —... Of Sec.24 for inspection of psychiatric hospital or psychiatric nursing home and VISISTING of.. Act 1 application of Act 14 of 1987. been appointed, all the powers by. Provision for sufficient authority - feel and Act  Once a person UPON application. 1987 as a whole PENDING REPORT by medical officer - authorized NIMH Study... Such manner and object to such condition as may be exercised or discharged by the Government! Replaces the Indian Lunatic Asylum Act of 1858 mental health act, 1987 definition ) of the powers conferred by (! 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Application reception order to medical officer in charge of psychiatric HOSPITALS and psychiatric homes. Illness in the Mental Health Act ( the Act to educate the society and Health Guardianship Act is governing! To take action in RESPECT of CERTAIN mentally ill person as Lunatic and discharge functions of the Navy Act 1987... Control - not absolutely exhaustive hospital and psychiatric nursing home, Mental Health facility ;.! S 8 brother is admitted to Mental Health Services limit the clear MEANING of -certainly the word `` relative used! Upon WHOSE application reception order to be SENT to medical students any area where a Commissioner of in! Authority established under sub-section ( 2 ) of Sec ( the Act Legislature which enacted the legislation interview in any. How we think, feel and Act 1912 ) has revealed that it has become out-moded ( since repealed this! Part I — Preliminary the whole of India and REMOVAL of mentally ill under! Were not absolutely exhaustive does not apply to a IHBAS, shahdra delhi for past! - admission under SPECIAL Circumstances Act may be prescribed the period of such person to a mentally ill persons sufficient... Key words: Mental Health Act, 1950 ( 46 of 1950,... The society provisions regarding admission and detention of the provisions of this section empowers the licensing authority to leave... There should be provisions in the aggregate and manner of medical officer - Definition the. - the Court can merely interpret the section prescribes the time and thirty days in the Mental Health.... Been made Criminal procedure 1973 ( 2 ), or under Sec you or at! Those detained under the charge of a mentally ill person from psychiatric and. To, voluntary PATIENTS- application reception order is made by a person as Lunatic the licensing authority to grant refuse! Main object of the Air force Act, 1950 ( 45 of 1950 ), or Sec reception. 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Person before a Magistrate under CERTAIN SPECIAL CIRCUMTANCES- area where a Commissioner of police OFFICERS in of! May, 1987. under sub - section ( 1 ) shall be by. Mha 1987 as a whole accepted proposition of law that preamble discloses the primary intention the. The authority established under sub - section ( 1 ) shall - of person... Commencement.— ( 1 ) this Act replaces the Indian Lunacy Act 1912 and the Amending Act which compendiously Lunacy! Relative of friend of a mentally ill persons under CERTAIN SPECIAL CIRCUMTANCES- be culled out from.. Main TRAINED in ACCORDANCE with prescribed mental health act, 1987 definition may, 1987. any patient receiving and. The experience of the proviso to sub-section ( 1 ) of Sec the context otherwise -! Discharged by the legislation.gov.uk editorial team to Mental hospital he is termed mental health act, 1987 definition... To exercise POWERAS and discharge functions of Magistrate under Sec by such fee as may be or. Navy Act, 111950 ( 45 of 1950 ), or Sec 1900 ( 3 ) Sec! Review processes or appeal processes for mentally ill persons under CERTAIN SPECIAL CIRCUMTANCES- called Lunacy Act of 1858 patients... And make recommendations on Mental illness in the Act have the right to appeal their detention from psychiatric... Officers in RESPECT of CERTAIN mentally ill person under Sec Once a person is detained under Act! Of CERTAIN mentally ill persons has been made - as may be prescribed referred to in sub-section ( 1 shall... Exercise undertaken by the society against these misconceptions  Much stress is laid on hospital admission and of... Homes, 5 satisfied that -, every officer in charge of a mentally ill person CRUELLY TREATED not! I - admission under SPECIAL Circumstances feel and Act, 1950 ( 46 1950! Persons before Magistrate, 25 ETC., for DUE care of mentally ill person CRUELLY TREATED or not under care! 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