Mental Health Act, 1987 - Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property, Custody of his Person and Management of his Property

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Chapter VI - Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property, Custody Of his Person and Management of his Property

50. Application for judicial inquisition

   1. Where an alleged mentally ill person is possessed of property, an application for holding an inquisition into the mental condition of such person may be made either -

         i.  by any of his relatives, or
         ii.  by a public curator appointed under the Indian Succession Act, 1925 (39 of 1925) or
         iii. by the Advocate-General of the State in which the alleged mentally ill person resides, or
         iv. where the property of the alleged 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 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 may deem fit, serve a notice on the alleged mentally ill person to attend at such place and at such time as may be specified in the notice or shall, in like manner, serve a notice on the person having the custody of the alleged mentally person to produce such person at the said place and at the said time, for being examined by the District Court or by any other person from whom the District Court may call for a report concerning 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 to appear in public, the District Court may cause her to be examined by issuing a commission as provided in the Code of Civil Procedure, 1908 ( 5 of 1908).

   3. A copy of the notice under sub-section (2) shall also be served upon the applicant and upon any relative of the alleged mentally ill person or other person who, in the opinion of the District Court, shall have notice of judicial inquisition 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.

COMMENTS

JURISDICTION - The Lunacy (Supreme Courts) Act, 1958, gives power to those Courts to direct an inquiry as to "any person subject to the jurisdiction of the Court". The preamble of the Lunacy (Districts Courts) Act of the same year states that it is expedient to make better provisions for the case of the states of lunatics "not subject to the jurisdiction of the Supreme Courts of adJudicature". In 1981 the Allahabad high court decided that, under its own letters patent, it had no original jurisdiction in respect of the persons and estates of lunatics who were natives of India. In the course of that case, the Court ascertained from the Registrar of the original side of the Calcutta High Court that at that date its powers in the matters of lunacy as the successor and inheritor of the powers of the old Supreme Court were, as regards natives of India, only exercised within the limits of the town of Calcutta itself, and that in other respects the procedure directed by the Lunacy (District Court) Act, 1958,was followed in Lower Bengal. The Court expressed the view that this practice was correct. The Lunacy Act, 19121 repealed both the Acts of 1958, but made no alteration in the law with regard to the matter now under consideration.

For a person to come under that chapter he must be not subject to the jurisdiction of a High Court, and must be resident within the jurisdiction of a District Court. The question of jurisdiction was considered in Anila Bala Chowdhurani V. Dhirendra Nath Saha2 where it was held that the jurisdiction of the Pabna District Court was ousted because the alleged lunatic (an Indian) resided both at Pabna and at Calcutta, but it is clear from that case that, but for his residence at Calcutta, the Pabna District Court would have had jurisdiction and the original side of the Calcutta High Court would not. In in re Taruchandra Ghosh,3 the Court held that, under Cl. 17 of the Charter, the Court had power to appoint a guardian of an Indian infant resident outside the original jurisdiction. The order was made ex parte on the father's application, it being stated there was no opposition.The attention of the Court was not drawn to 13 Geo. 3, c. 63, nor to the cases referred to above. Moreover, the language of Cl.25 of the Charter of 1774 as regards infants, differs from its language as regards lunatics. The original side of the Calcutta High Court has no jurisdiction to direct an inquisition or appoint a guardian of person or property in the case of an Indian not resident in Calcutta4.

WHAT HAS TO BE FOUND UNDER THE ACT - What has to be found under the Act is that the person is of unsound mind and that the unsoundness of mind is such as to make him incapable of managing his affairs. A person who is incapable of managing his affairs is not necessarily of unsound mind and a person of unsound mind may not be incapable of managing his affairs. The Court must hold that both unsoundness of mind and incapacity to manage his affairs are present and that the latter is due to the former5.

DUTY OF THE COURT - It has, at the very outset to be realized that an order declaring a person to be of unsound mind and incapable on that account of managing his affairs is an order of a very serious character. It has the effect of disqualifying him from using his own property in the manner he desires and placing a drastic check on his rights and privileges which as a normal individual, he would be entitled to enjoy. In Teka Devi V. Gopal Das6, it was observed that: b.

"It is, therefore, the duty of the Court before proceeding further, the determine judicially whether the person alleged to be incapable of managing himself or his affairs, is really a lunatic in this sense. Secondly, it must be remembered that this finding has got very far-reaching consequences and must be given after very great care and deliberation. It may have the immediate effect of putting a human being Being under restraint. It might deprive him for a time, or forever of the possession and management of his property. It will be prima facie evidence of his lunacy, and may be read in proof of it in other proceedings. The Legislature has, therefore, laid down an elaborate procedure for conducting an enquiry into this matter, and this procedure must be strictly followed. The Court cannot and ought not to deal lightheartedely with this important question, and it should not consider itself relieved of its responsibility by the mere circumstance that some or all the relatives of the person concerned have declared that he is lunatic".

The above is undoubtedly an accurate statement of the policy underlying the precaution enjoined by the Legislature in the various provisions of the Act as a preliminary condition to the final exercise of jurisdiction by the Court in declaring a person as a lunatic1.

The smallest attention to the words of the Indian Lunacy Act2 whether they be the words of Sec. 62 or the words of Sec. 38 shows this that the Legislature appreciates that to have an inquisition into the state of health, the state of mind, the state of property and general capacity of a person is a thing which affects that person so prejudicially that it ought not to be taken except it be first ordered upon a careful consideration of evidence3. It was said in a case reported in Muhammad Yaqub V. Nazir Ahmad4: "It is true that nothing is contained in the Act itself to direct or guide a Judge as to how he shall consider applications for an inquisition and probably no rules exist for dealing with the matter; but ordinary commonsense would appear to dictate to a tribunal before whom such an application comes that care should be exercised in a painful matter of this kind, namely, an enquiry into a man's or woman's state of mind; specially in the case of people in conformable circumstances who merely wish to lead a quiet life care should be exercised that they are not suddenly flung without sufficient reason into an elaborate inquisition which after all is nothing more or less than a trial involving sometimes the history of a person's life back for many years, medical evidence, and all sorts of family witnesses".

INQUISITION - The Lunacy Act does not contain any procedure or permit any procedure by which a man today can be declared to be a lunatic ten years ago in the past5.

JURISDICTION OF THE LUNACY COURT - The jurisdiction of the Lunacy Court depends on normal residence of the alleged lunatic and not on his temporary residence except in the cases of the High Courts of Calcutta, Madras and Bombay where different rules are applicable under the Charters and Letter Patent. The principles of residence are clearly laid down by a Bench of three learned Judges consisting of Sir Ashutosh Mookerjee, Acting Chief Justice, and Fletcher and Richardson, JJ. In Anila Bala Choudhurani V. Dhirendra Natha Saha1. That decision is an authority on the proposition that Sec. 38 of the Lunacy Act does not define the test to be applied to determine whether a person is or is not subject to the jurisdiction of the High Court for the purpose of judicial inquisition as to lunacy. But the proceedings are directed primarily against the person and only secondarily against his property. Such authority over the person may, unless otherwise directed by statute, be ordinarily exercised in the case of residents within the local limits of the jurisdiction of the Court. No doubt it may also be exercised over non-residents, if there is statutory provision to that effect.

The third proposition laid down by this decision is that before a District Court can institute inquisition of a person possessed of property and alleged to be a lunatic it must be established not merely that such person is residing within the jurisdiction of that Court but also that he is not subject to the jurisdiction of any of the High Courts mentioned in Sec. 37 of the Lunacy Act. Therefore, in a case where an alleged lunatic is subject to the jurisdiction of a High Court under Sec. 37, the District Court has no jurisdiction under Sec. 62, even though the person may reside within the local limits of the jurisdiction of the District Court. In other words, the jurisdiction of the High Court and District Court are not concurrent, but the jurisdiction of the High Court excludes that of the District Court; although if the alleged lunatic resides in two districts, the jurisdiction of the two Courts are concurrent and not mutually exclusive2.

PROOF OF INSANITY- The question of insanity requires a most careful examination and it is difficult to think that bare assertion by witnesses unsupported by any details of the cause, the course and the treatment of the malady ought to be accepted as satisfactory proof3.

NOTICE - DIRECTING AN INQUISITION - The notice contemplated by Sec. 40 is a notice to be drawn up after there has been an order directing an inquisition. It is notice of such order and of the time and place at which the inquisition is to be held. It is notice of the petition. The notice prescribed is a notice that the Court has determined to hold an inquisition. So far as the alleged lunatic concerned, it is a most important notice. It is a notice which tells him that he is in such a serious position that Court has determined to enquire into his state of mind and that his liberty and his right to manage his own affairs is now in peril by virtue of a considered judgement of a District Judge. There is nothing in the Lunacy Act about general notices. There is a definite provision in the Lunacy Act for notice to he lunatics and to such relatives or other persons as the District Judge may think it desirable to give notice to. Under the Guardians and Wards Act the provision for notice to the minor is a provision about general notice, that is to say, the notice has to be affixed in the Court-house and a copy has to be affixed to the permanent place of residence of the minor4.

51. Issues on which finding should be given by District Court after inquisition

     On completion of the inquisition, the District Court shall record its findings on -

   1. Whether the alleged mentally ill person is in fact mentally ill or not, and
   2. Where such person is mentally ill, whether he is incapable of taking care of himself and managing his property, or incapable of managing his property only.

COMMENT - This section empowers District Court to record its findings on certain issues.

52. Provision for appointing guardian of mentally ill person and for manager of property

   1. Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of taking care of himself and of managing his property, it shall make an order for the appointment of a guarding under Sec. 53 to take care of his person and of a manager under Sec. 54 for the management of his property.
   2. Where 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 Sec.54 regarding the management of his property.
   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 sub-section (1) the same person to be the guardian and manager.

COMMENT - This section makes provision for appointment of guardian of mentally ill person and for manager or property.

53. Appointment of guardian of mentally ill person

   1. Where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under sub-section (2) of Sec.54, the Collector of the District, may appoint any suitable person to be his guardian.
   2. In the discharge of his functions under sub-section (1), the Collector shall be subject to the supervision and control of the State Government or of any authority appointed by it in that behalf

COMMENT - This section empowers the District Court or the Collector to appoint guardian of mentally ill person.

54. Appointment of manager for management of property of mentally ill person

   1. Where the property of the mentally ill person who is incapable of managing it is such as can be taken charge of by a Court of 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 Wards shall assume the management of such property in accordance with that law.

   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 be taken charge of by the Court of Wards, the District Court may, after obtaining the consent of the Collector of the District in which the land is situate, direct the Collector to take charge of the person and such part of the property or interest therein 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 cannot be entrusted to the Court of Wards or to the Collector under sub-section (1) or sub-Section (2), as the case may be, the District Court shall appoint any suitable person to be the manager of such property.

COMMENT

APPOINTMENT OF MANAGER - There is no prohibition in the Gwalior law and the Indian Lunacy Act (since repealed by this Act), against appointment or re-appointment of persons already acting as managers of the estate of a person during his minority who later on became a lunatic/mentally ill person either before or after attainment of majority1.

Since the vendor did not obtain any order from the competent Court under the Lunacy Act (since repealed by this Act), to have him appointed as Manager of the joint family to alienate the property, the sale is per se illegal. The sale, therefore, appears to be to defeat the statutory right of the appellant2.

55. Appointment of manager by Collector

Where the property of a mentally ill person has been entrusted to the Collector by the District Court under sub-section (2) of Sec. 54, he may, subject to the control of the State Government or of any authority appointed by it in that behalf, appoint any suitable person for the management of the property of the mentally ill person.

COMMENT - This section empowers the Collector to appoint manager of the property of a mentally ill person.

56. Manager of property to execute bond

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, if so required by the appointing authority, enter into a bond for such sum, in such form and with such sureties as that authority may specify, to account for all receipts from the property of the mentally ill person.

COMMENT - This section requires the manager of property to execute bond.

57. Appointment and remuneration of guardians and managers

   1. No person, who is the legal heir of a mentally ill person shall be appointed under Sec. 53, 54 or 55 to be the guardian of such mentally ill person or, as the case may be, the manager of his property unless the District Court or, as the case may be, the Collector, for reasons to be recorded in writing, considers that such appointment is for the benefit of the mentally ill person.
   2. The guardian of a mentally ill person or the manager of the property or both appointed under this Act shall be paid, from out of the property of the mentally ill person, such allowance as the appointing authority may determine.

COMMENT - This section deals with appointment and remuneration of guardians and managers.

58. Duties of guardian and manager

   1. Every person appointed as a guardian of a mentally ill person or manager of his property, or of both, under this Act shall have the care of the mentally ill person or his property or of both , and be responsible for the maintenance of the mentally ill person and of such members of his family as are dependent on him.
   2. Where the person appointed as guardian of a mentally ill person is different from the person appointed as the manager of his property, the manager of his property shall pay to the guardian of the mentally ill person such allowance as may be fixed by the authority appointing the guardian for the maintenance of the mentally ill person and of such members of his family as are dependent on him.

COMMENT

"FAMILY" - A married daughter living with her husband and separate from her father is not entitled to a separate maintenance being allowed to her against her father's estate, when that estate is taken charge of by the Court under the provisions of Lunatic Act (since repealed by this Act).

The word "family" includes persons living with the lunatic/mentally ill person as members of his family, that is to say, persons actually depending upon him for their maintenance1.

In the instant case, under the relevant Medical Rules, the father was a member of the family of his son and was wholly dependent on him and the 2nd respondent was thus fully entitled to reimbursement for the expenses incurred on the treatment of his father and other travelling expenses2.

59. Powers of manager

   1. Every manager under this Act shall, subject to the provisions of this Act, exercise the same powers in regard to the management of the property of the mentally ill person in respect of which he is appointed as manager, as the mentally ill person would have exercised as owner of the property had he not been mentally ill and shall realise all claims due to the estate of the mentally ill person and pay all debts and discharge all liabilities legally due from that estate:

      Provided that the manager shall not mortgage, create any charge on, or , transfer by sale, gift, exchange or otherwise, any immoveable 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.

   2. The District Court may, on an application made by the manager, grant him permission to mortgage,. Create a charge on, or, transfer by sale, gift, exchange or otherwise, any immoveable property of the mentally ill person or to lease out any such property for a period exceeding five years, subject to such conditions or restrictions as that Court may think fit to impose.

   3. The District Court shall cause notice of every application for permission to be served on any relative or friend of the mentally ill person and after considering objections, if any, received from the relative or friend and after making such inquiries as it may deem necessary, grant or refuse permission having regard to the interests of the mentally ill person.

COMMENT - A manager is empowered to exercise the same powers in regard to the management of the property of the mentally ill person as the mentally ill person would have exercised as owner of the property had he not been ill. The manager shall, however, not mortgage, create any charge on, or, transfer by sale, gift etc. any immoveable property without the prior permission of the District Court.

60. Manager to furnish inventory and annual accounts

   1. Every manager appointed under this Act shall, within a period of six months from the date of his appointment, deliver to the authority, which appointed him, an inventory of the immoveable property belonging to the mentally ill person and of all assets and other moveable 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 appointing authority within a period of three months of the close of every financial year, an account of the property and assets in his charge, the sums received and disbursed on account of the mentally ill person and the balance remaining with him.

COMMENT - Under this section manager has to furnish inventory and annual accounts in respect of the property of the mentally ill person to the appointing authority.

61. Manager's power to execute conveyances under orders of District Court

Every manager appointed under this Act, may, in the name and on behalf of the mentally ill person -

   1. execute all such conveyance and instruments of transfers by way of sale, mortgage or otherwise of property of the mentally ill person as may be permitted by the District Court; and

   2. Subject to the orders of the District Court, exercise all powers vested in that behalf in the mentally ill person, in his individual capacity or in his capacity as a trustee or as a guardian.

COMMENT - This section empowers the manager to execute conveyances in the name and on behalf of the mentally ill person, under the orders of the District Court.

62. Manager to perform contracts directed by District Court

Where the mentally ill person had, before his mental illness, contracted to sell or otherwise dispose of his property or any portion thereof, and if such contract is, in the opinion of the District Court, of such a nature 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 necessary and thereupon the manager shall be bound to act accordingly.

COMMENT - This section empowers the manager to perform contracts on behalf of the mentally ill person as per directions of the District Court.

63. Disposal of business premises

Where a mentally ill person had been engaged in business before he became mentally ill, the District Court may, if it appears to be for the benefit of the mentally ill person to dispose of his business premises, direct the manager appointed under this Act in relation 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.

COMMENT - The District Court is empowered to direct disposal of business premises of a mentally ill person, who was engaged in business prior to becoming mentally ill, for the benefit of the said ill person.

64. Manager may dispose of leases

Where a mentally ill person is entitled to a lease or under lease, 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 leas or under lease, such manager may, after obtaining the orders of the District Court, surrender, assign or otherwise dispose of such lease or under lease to such person for such consideration and upon such terms and conditions as the Court may direct.

COMMENT - This section empowers manager of a mentally ill person to dispose of lease for the benefit of the mentally ill person, after obtaining the orders of the District Court.

65. Power to make order concerning any matter connected with mentally ill person

The District Court may, on an application made to mentally ill person or his property, make such order, subject to the provisions of this Chapter, in relation to that matter as in the circumstances it thinks fit.

COMMENT - This section empowers the District Court to pass order concerning any matter connected with mentally ill person.

66. Proceeding if accuracy of inventory or accounts is impugned

If any relative of the mentally ill 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 annual account referred to in sub-section (2) of Sec.60, the Court may summon the manager and summarily inquire into the matter and make such order thereon as it thinks fit.

Provided that the District Court may, in its discretion, refer such petition to any Court subordinate to it, or to the Collector in any case where the manager was appointed by the Collector and the petition is not presented by the Collector.

COMMENT - This section lays down the procedure for disposal of petition challenging accuracy of inventory or account.

67. Payment into public treasury and investment of proceeds of estate

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 person or for the management of his property, shall be paid into the public treasury on account of the estate, and shall be invested from time to time in any of the securities specified in Sec.20 of the Indian Trusts Act, 1882 (2 of 1982), unless the authority which appointed him, for reasons to be recorded in writing, directs that, in the interests of the mentally ill person such sums be otherwise invested or applied.

COMMENT - A manager of mentally ill person is required under this section, to make payment into public treasury on account of estate.

68. Relative may sue for account

     Any relative of a mentally ill person may, with the leave of the District 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 sum of money or other property received by him on account of such property.

COMMENT - This section empowers relative of a mentally ill person, with the leave to the District Court, to sue for account from any manager.

69. Removal of managers and guardians

   1. The manager of the property of a mentally ill person may, for sufficient cause and for reasons to be recorded in writing, be removed by the authority which appointed him and such authority may appoint a new manager in his place.
   2. Any manager removed under sub-section (1) shall be bound to deliver the charge of all property of the mentally ill person to the new manager and to account for all moneys received or disbursed by him.
   3. The District Court may, for sufficient cause, remove any guardian of a mentally ill person and appoint in his place a new guardian.

COMMENT - This section makes provision for removal of managers and guardians of a mentally ill person

70. Dissolution and disposal of property of partnership on a memner becoming mentally ill

   1. Where a person, being a member of a partnership firm, is found to 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 person who appears to that Court to be entitled to seek such dissolution, dissolve the partnership.

   2. Upon the dissolution under sub-section (1), or otherwise, in due course of law, of a partnership firm to which that sub-section applies, the manager appointed under this Act may, in the name and on behalf of the mentally ill person, join with the other partners in disposing of 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.

COMMENT - This section makes provision for dissolution and disposal of property of partnership firm when a member becomes mentally ill.

71. Power to apply property for maintenance of mentally ill person without appointing manager in certain cases

   1. Notwithstanding anything contained in the foregoing provisions, the District Court may, instead of appointing a manager of the 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 of such members of his family as are dependent on him.

   2. A receipt given by the person appointed under sub-section (1) shall be valid discharge to any person who pays money or delivers any property of the mentally ill person to the person so appointed.

COMMENT - This section empowers the District Court to order for application/utilization of cash and the produce of other property for maintenance of mentally ill person without appointing a manager of the estate.

72. Power to order transfer of stock, securities or shares belonging to mentally ill person in certain cases

Where any stock or Government securities or any share in a company (transferable within India or the dividends of which are payable 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 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 after being required by the Court to do so, then the District Court may direct the company or Government concerned to make such transfer, or to transfer the same, and to receive and pay over the dividends in such manner as it may direct.

COMMENT - This section empowers the District Court to pass order for transfer of stock, securities or share belonging to mentally ill person, when the manager dies or himself becomes mentally ill or neglects or refuses to transfer stock, securities, etc.

73. Power to order transfer of stock, securities or shares of mentally ill person residing out of India

Where any stock or Government securities or share in a company is or are 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 declared to be mentally ill and that his personal estate has been 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 shares or of any part thereof, to or into the name of the person so appointed or otherwise, and also to receive and pay over the dividends and proceeds, as the District Court thinks fit.

COMMENT - This section empowers the District Court to issue directions for transfer of stock, securities or shares of mentally ill person residing out of India.

74. Power to apply property for mentally ill person's maintenance in case of temporary mental illness

If it appears to the District Court that the mental illness of a mentally ill person is in its nature temporary, and that it is expedient to make provision for a temporary period, for his maintenance for the maintenance of such members of his family as are dependent on him, the District Court may, in like manner as under Sec. 71, direct his property or a sufficient part thereof to be applied for the purpose specified therein.

COMMENT - The District Court is empowered, under this section, to apply property of the mentally ill person for his maintenance in case of temporary mental illness.

75. Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased

   1. Where District Court has reason to believe that any person who was found to be mentally ill after inquisition under this Chapter has ceased to be mentally ill, it may direct any Court subordinate to it to inquire whether such person has ceased to be mentally ill.
   2. An inquiry under sub-section (1) shall, so far as may be, conducted in the same manner as an inquisition conducted under this Chapter.
   3. If after an inquiry under this section, it is found that the mental illness of a person has ceased, the District Court shall order all actions taken in respect of the mentally ill person under this Act to be set aside on such terms and conditions as that Court thinks fit to impose.

COMMENT - This section makes provision for setting aside the action taken in respect of mentally ill person if the District Court finds that his mental illness has ceased.

77. Power of District Court to make regulations

The District Court may, from time to time, make regulations for the purpose of carrying out the provisions of this Chapter.

COMMENT - This section empowers the District Court to make regulations for carrying out the provisions of this Chapter.

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Smitha789 

I have a sister who studied till 12th and know does not speak anything and behaves very different. In my and my dad absence my mom hits her. How can I stop this. I & dad hav tried a lot to stop but it doesnot work

mandeep.s 

Thanks for the above details,
My questions;
If a psychiatrist[ retired as colnol , senior advisor from Armed forces] is operating his clinic and he is treating a patient for 1year,
1] can he abandon or refuse the treatment to his patient.. ?
2] can he refuse to give first aid to a sudden out burst of his mentally ill patient ?
I would appreciate your response

gurgaon.anil 

my brother is admitted to a IHBAS, shahdra delhi for the past 2 months. the doctors have quoted the mental health act and informed that if we cannot keep him admitted beyond 89 days without permission from metropolitan magistrate. however, we being based in gurgaon, if we apply to our state's MM, the case will be referred to PGIMS, Rohtak and only when they give in writing that they cannot treat him, he can continue treatment at IHBAS. kindly guide me on this thank you

amitava66 

WHO IS LEGALLY BOUND TO MEET THECOST OF TREATMENT OF A MENTALLY ILL PERSON DETAINED IN A HOSPITAL UNDER MENTAL HEALTH ACT 1987?

Dr Desai 

Dear Sir/Madam,what are the minimum facilities prescribed for the admission, treatment and care of mentally ill persons in terms staff and space ratio for a psychiatric hospital under mental health act 1987 for a licence?

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