Mental Health Act, 1987 - Admission and Detection in Psychiatric Hospital or Psychiatric Nursing Home

Chapter IV Admission And Detention In Psychiatric Hospital or Psychiatric Nursing Home

PART I - ADMISION ON VOLUNTARY BASIS

15. Request by major for admission as voluntary patient

            Any persons (not being a minor), who considers himself to be a mentally ill person and desires to be admitted to any psychiatric nursing home for treatment, may request the medical officer in charge for being admitted as a voluntary patient.

COMMENT - This section makes provision for admission to a psychiatric hospital / nursing home for Treatment as a voluntary patient on request by a major mentally ill person.

16. Request by guardian for admission of a ward

          Where the guardian of a minor considers such minor to be a mentally ill person and desires to admit such minor in any psychiatric hospital or psychiatric nursing home for treatment, he may request the medical officer-in-charge for admitting such minor as a voluntary patient.

COMMENT - This section makes provision for admission of a minor mentally ill person to a psychiatric hospital/nursing home for treatment as a voluntary patient, on request by guardian of such minor.

17. Admission of, and regulation with respect to, voluntary patient

        1. On receipt of a request under Sec.15 or Sec.16, the medical officer-in-charge shall make such inquiry as he may deem fit within a period not exceeding twenty- four hours and if satisfied that the applicant or, as the case may be, the minor requires treatment as an in - patients in the psychiatric hospital or psychiatric nursing home, he may admit therein such application or, as the case may be, minor as a voluntary patient.

      2. Every voluntary patient admitted to a psychiatric hospital or psychiatric nursing home shall be bound to abide by such regulations as may be made by the medical officer - in - charge or the licensee of the psychiatric hospital or psychiatric nursing home.

COMMENT - This section deals with the matter relating to admission of, and regulation with respect to voluntary patients.

18. Discharge of voluntary patients

      1. The medical officer-in-charge of a psychiatric hospital or psychiatric nursing home shall, on a request made in that behalf -

            a. by any voluntary patient; and
            b. by the guardian of the patient, if he is a minor voluntary patient, discharge, subject to the provisions of sub-section (3) and within twenty-four hours of the receipt of such request, the patient from the psychiatric hospital or psychiatric nursing home.

      2. Where a minor voluntary patient who is admitted as an in-patient in any psychiatric hospital or psychiatric nursing home attains majority, the medical officer-in-charge of such hospital or nursing home, shall, as soon as may be, intimate the patient that he has attained majority and that unless a request for his continuance as an in-patient is made by him within a period of one month of such intimation, he shall be discharged, and if, before the expiry of the said period, no request is made to the medical officer-in-charge for his continuance as an in-patient, he shall, subject to the provisions of sub-section (3), be discharged on the expiry of the said period.

     3. Notwithstanding anything contained in sub-section (1) or sub-section (2) where the medical officer-incharge of a psychiatric hospital or psychiatric nursing home is satisfied that the discharge of a voluntary patient under sub-section (1) or sub-section (2) will not be in the interest of such voluntary patient, he shall, within seventy-two hours of the receipt of a request under sub-section (1), or, if no request under sub-section (2) has been made by the voluntary patient before the expiry of the period mentioned in that sub-section within seventy-two hours of such expiry constitute a Board consisting of two medical officers and seek its opinion as to whether such voluntary patient needs further treatment and if the Board is of the opinion that such voluntary patient needs further treatment in the psychiatric hospital or psychiatric nursing home the medical officer shall not discharge the voluntary patient, but continue his treatment for a period not exceeding ninety days at a time.

COMMENT - This section lays down the procedure for discharge of voluntary patient from the psychiatric hospital or psychiatric nursing home.

PART II - ADMISSION UNDER SPECIAL CIRCUMSTANCES

19. Admission of mentally ill persons under certain special circumstances

            Any mentally ill persons who does not, 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 nursing hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill persons if the medical officers-in-charge is satisfied that in the interest of the mentally ill persons it is necessary so to do:

COMMENT - This section deals with the matters relating to admission of, and regulation with respect to voluntary patients.

PART III - RECEPTION ORDERS

20. Application for reception order

     1. An application for a reception order may be made by -

           a. the medical officer-in-charge of a psychiatric hospital or psychiatric nursing home, or
           b. by the husband, wife or any other relative of the mentally ill person.

     2. Where a medical officer-in-charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill- person is undergoing treatment under a temporary treatment order is satisfied that -

           a. the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or as the case may be, psychiatric nursing home is required to be continued for more than six months, or

           b. It is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home.

       He may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill-person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.

     3. Subject to the provisions 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 of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill-person under a reception order in a psychiatric hospital or psychiatric nursing home.

    4. Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being 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 -

        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 under this section.

    6. Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.

COMMENT - This section details the procedure for disposal of application for reception order.

21. Form and contents of medical certificates

          Every medical certificate referred to in sub-section (6) of Sec. 20 shall contain a statement -

            a. that each of the medical practitioner referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him;

           b. that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.

COMMENT - The section prescribes form and contents of medical certificates.

22. Procedure upon application for reception order

       1. On receipt of an application under sub-section (2) of Sec. 20, the Magistrate may make a reception order, if he is satisfied that -

            i. the mentally ill person is suffering from mental disorder 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 mental and personal 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 circumstances of the case and it is necessary to make a reception order.

     2. On receipt of an application under sub-section

     3. Of Section.20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates.

     4. If the Magistrate considers that there are sufficient grounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so.

     5. If the Magistrate is satisfied that a reception order 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 ill-person as he thinks fit.

     6. 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 Magistrate such notice shall be given.

     7. If the Magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such order as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal of the application.

    8. On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of -

          i. the applicant:

          ii. the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);

          iii. the person who may be appointed by the alleged mentally ill person to represent him; and

          iv. Such other person as the Magistrate thinks fit. and if the magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detail him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.

   9. If any application is dismissed under sub-section(7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.

COMMENT - This section lays down the procedure for disposal of application for a reception order.

B- Reception orders on production of mentally ill Persons before Magistrate

23. Powers and duties of police officers in respect of certain mentally ill persons

          1. Every officer in charge of a police station -

                i. may take or cause to be taken into protection 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

              ii. shall take or cause to be taken into protection any person within the limits of his station whom he has reason to believe to be dangerous by reason of mental illness.

         2. No person taken into protection under sub-section (1) shall be detained by the police without being informed, as soon as may be, of the grounds for taking him into such protection, or where, in the opinion of the officer taking the person into protection, such person is not capable of understanding those grounds, without his relatives or friends, if any, being informed of such grounds.

          3. Every person who is taken into protection and detained under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of taking him into such protection excluding the time necessary for the journey from the place where he was taken into such protection of the Court of the Magistrate and shall not be detained beyond the said period without the authority of the Magistrate.

COMMENT - This section empowers the police officer in charge of a police station to take action in respect of certain mentally ill persons.

24. Procedure on production of mentally ill person

       1. If a person is produced before the Magistrate under sub-section (3) of Sec.23, and if in his opinion, there are sufficient grounds for proceeding further, the Magistrate shall -

           a. examaine the person to assess his capacity to understand.
           b. Cause him to be examined by a medical officer, and
           c. Make such inquiries in relation to such person as he may deem necessary.

       2. After the completion of the proceeding under sub-section (1), the Magistrate may pass a reception order authorising the detention of the said person as an in-patient in a psychiatric hospital or psychiatric nursing home -

         i. if the medical officer certifies such person to be a mentally ill person, and 
        ii. if the Magistrate is satisfied that the said person is a mentally ill person and that in the interest of the health and personal safety of that person or for the protection of others, it is necessary to pass such order.

         Provided that if any relative or friend of the mentally ill person desires that the mentally ill person be sent to any particular 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 such hospital or nursing home consents, make a reception order for the admission of the mentally ill person into that hospital or nursing home and detention therein;

         Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as 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 Magistrate may, instead of making a reception order, hand him over to the care of such relative or friend.

COMMENT - This section lays down procedure on production of mentally ill person before a Magistrate.

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

        1. Every officer in charge of a police station is mentally ill and is not under proper care and control, or is mentally ill person, shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.

       2. Any private person who has reason to believe that any person is mentally ill 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, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.

      3. If it appears to the Magistrate, on the report of a police officer or on the report or 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 Magistrate 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.

     4. If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to take proper care of such mentally ill person and where such relative or other person willfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees.

     5. If there is no person legally bound to maintain the mentally ill person, or if the person legally bound to maintain the mentally ill person refuses or neglects to maintain such person, or if, for any other reason, the Magistrate thinks fit so to do, he may cause the mentally ill person to be produced before him and, without prejudice to any action that may be taken under sub -section (4) , proceed in the manner provided in Sec.24 as if such person had been produced before him under sub-section (3) of Sec. 23.

COMMENT - In case the Magistrate, within the local limits of whose jurisdiction the mentally ill person resides, comes to know that the said mentally ill person is being ill treated, neglected or cruelly treated, he is empowered under this section, to pass orders requiring the relative or other person to take care of such mentally ill person. This section also makes provision for punishment in case of non-compliance of the aforesaid orders.

C - Further provisions regarding admission and detention
of certain mentally ill persons.

26. Admission as in-patient after inquisition

       If any District Court holding an inquisition under Chapter VI 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 ,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 court.

COMMENT - This section provides for admission of mentally ill person as in-patient in a psychiatric hospital or psychiatric nursing home.

27. Admission and detention of mentally ill prisoner

         An order under Sec. 30 of the Prisoners Act, 1900 (3 of 1900) or under Sec. 144 of the Air Force Act, 111950 (45 of 1950), or under Sec. 145 of the Army Act 1950 (46 of 1950), or under Sec. 143 or Sec. 144 of the Navy Act, 1957 (62 of 1957), or under Sec. 330 or Sec. 335 of the Code of Criminal Procedure 1973 ( 2 of 1974), directing the reception of a mentally il prisoner into any psychiatric hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital or, as the case may be, such nursing home or any other psychiatric hospital or psychiatric nursing home to which such person may be lawfully transferred for detention therein.

COMMENT - This section provides for admission of mentally ill prisoner into any psychiatric hospital or psychiatric nursing home.

28. Detention of alleged mentally ill person pending report by medical officer

        1. When any person alleged to be a mentally ill person appears or is brought before a Magistrate under Sec. 23 or Sec. 25, the Magistrate may, by order in writing, authorise the detention of the alleged mentally ill person under proper medical custody in an observation ward of a general hospital or general nursing home or psychiatric hospital of psychiatric nursing home or in any other suitable place for such period not 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 person may properly be given under Cl. (a) of sub-section (2) of Sec.24.

        2. The Magistrate may, from time to time, for the purpose mentioned in sub-section (1), by order in writing, authorise such further detention of the alleged mentally ill person for periods not exceeding 10 day 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 thirty days in the aggregate.

COMMENT - This section provides for detention of the alleged mentally ill person under proper medical custody pending receipt of medical report. The period of such detention should not exceed a period of ten days at a time and thirty days in the aggregate.

SCOPE OF THE SECTION - The provision which the Magistrate could probably have thought of to justify his action is Sec. 16 of the Lunacy Act (since repealed by this Act). No other provision gives him the power of detention before adjudging a person as lunatic. Section 16(1) confers jurisdiction on a Magistrate to deal with a person who is alleged to be lunatic when he is brought before the Magistrate under the provisions of Sec. 13 of Sec.15. Such a person can be detained by an order of the Magistrate, "for such time not exceeding 10 days as may be, in his opinion necessary to enable the medical officer to determine whether such alleged lunatic is a person in respect of whom a medical certificate may be properly given". The proviso to sub-section (2) imposes a ban on the Magistrate against extension of the period of detention beyond a total period of 30 days1.

29. Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home

        Whenever any reception order is made by a Magistrate under Sec. 22, Sec. 234 or Sec. 25, he may by reasons to be recorded in writing, direct that he mentally ill person in respect of whom the order is made may be detained for such period not exceeding thirty days in such place as he may deem appropriate. Pending the removal of such person to a psychiatric hospital or psychiatric nursing home.

COMMENT - This section empowers a Magistrate to issue directions for detention of mentally ill person for a period not exceeding thirty days in an appropriate place, pending this removal to psychiatric hospital or psychiatric nursing home.

D - Miscellaneous provision in relation to orders under this chapter

30. Time and manner of medical examination of mentally ill person

        Where any other order under this Chapter is required to be made on the basis of a medical certificate, such order shall not be made unless the person who has signed the medical certificate, or where such order is required to be made on the basis of two medical certificates, the signatory of the respective certificates, has certified that he has personally examined the alleged mentally ill person -

            i. in the case of an order made on an 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 basis of two medical certificates such order shall not be made unless the certificates show that the signatory of each certificate examined the alleged mentally ill person independently of the signatory of the other certificate.

COMMENT - This section prescribes the time and manner of medical examination of mentally ill person.

31. Authority for reception order

        A reception order made under this Chapter shall be sufficient authority -

           i.  for the applicant or any person authorised by him, or
           ii. in the case of a reception order made otherwise than on an application, for the person authorised so to do by the authority making this order.

       To take the mentally ill person to the place mentioned in such order or for his admission and treatment as an in-patient in the psychiatric hospital or psychiatric nursing home specified in the order or, as the case may be, for his admission and detention, therein or in any psychiatric hospital or psychiatric nursing home to which he may be removed in accordance with the provisions of this Act, and the medical officer-in-charge shall be bound to comply with such order:

        Provided that in any case where the medical officer-in-charge finds accommodation in the psychiatric hospital or psychiatric nursing home inadequate,, he shall, after according admission, intimate that fact to the Magistrate or the District Court which passed the order and thereupon the Magistrate or the District Court, as the case may be, shall pass such order as he or it may deem fit:

       Provided further that every reception order shall cease to have effect -

            i. on the expiry of thirty days from the date on which it was made, unless within that period, the mentally ill person has been admitted to the place mentioned therein, and

          ii. on the discharge, in accordance with the provisions of this Act, of the mentally ill person.

COMMENT - This section makes provision for sufficient authority for a reception order. It shall however cease to have effect on the expiry of thirty days from the date of the order or on the discharge of the mentally ill person.

32. Copy of reception order to be sent to medical officer-in-charge

         Every Magistrate or District Court making a reception order shall forthwith send a certified 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 or psychiatric nursing home to which the mentally ill person is to be admitted.

COMMENT - This section makes provision for supply of certified copy of reception order to medical officer in charge of psychiatric hospital or psychiatric nursing home.

33. Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission

         No Magistrate or District Court shall pass a reception order for the admission as an in-patient to, or for the detention of any mentally ill person, as an in-patient 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 or the District Court exercises jurisdiction:

         Provided that an order for 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, authorised the Magistrate or the District Court in that behalf.

COMMENT - This section imposes restriction to the passage of reception order for admission or detention of any mentally ill person, as an in-patient in any psychiatric hospital or psychiatric nursing home outside the State, unless the State Government has by general or special order authorised for the same.

34. Amendment of order or document

            If, after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home under a reception order, it appears that the order under which he was admitted or detained or any of the documents on the basis of which such order was made defective or incorrect, the same may, at any time thereafter be amended with the permission of the Magistrate or the District Court, by the person or persons who signed the same and upon such amendment being made, the order shall have effect and shall be deemed always to have had effect as if it had been originally made as so amended, or, as the case be, the documents upon which it was made had been originally furnished, also amended.

COMMENT - This section makes provision for amendment of order or document in case it is detected that any of the documents on the basis of which such order was made is defective or incorrect.

35. Power to appoint substitute for person upon whose application reception order has been made

       1. Subject to the provisions of this section the Magistrate may, by order in writing (hereinafter referred to the orders of substitution), transfer the duties and responsibilities under this Act, of the person on whose application a reception order was made, to any other person who is willing to undertake the same and such other person shall thereupon be deemed for the purposes of this Act to be the person on whose application the reception order was made and all references in this Act to the latter person shall be construed accordingly:

         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 send a notice to the person on whose application the reception order was made if he is alive, and to any relative of the mentally ill person who, in the opinion of the Magistrate, shall have notice.

     3. 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 and the date (which shall be not less than twenty days from the date of issue of the notice) on which objections, if any, to the making of such order shall be considered.

      4. On the date specified under sub-section (3), or on any subsequent date to which the proceedings may be adjourned, the Magistrate shall consider any objection made by any person to whom notice was sent 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 such person or relative and after making such inquiry as the Magistrate may deem fit make or refrain from making the order of substitution:

         Provided that, if the 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 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 interests of the mentally ill person.

   6. The Magistrate may make such order for 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 last known address of the person for whom it is intended.

COMMENT - This section empowers Magistrate to appoint substitute for a person upon whose application reception order has been made.

Proviso - A proviso to a section is not independent of the section calling for independent of the section calling for independent consideration or construction detached from the construction to be placed on the main section as it is merely subsidiary to the main section and is to be construed in the light of the section itself1.

It is settled that a proviso cannot expand or limit the clear meaning of the main provision2.

36. Officers competent to exercise powers and discharge function of Magistrate under certain sections

          In any area where a Commissioner of Police has been appointed, all the powers and functions of the Magistrate under Secs. 23,24,25 and 28 may be exercised or discharged by the Commissioner of Police and all the functions of an officer-in-charge of a police station under this Act may be discharged by any police officer not below the rank of an Inspector.

COMMENT - Under the provisions of this section all the powers and functions of the Magistrate under Secs. 23,24,25 and 28 may be exercised or discharged by the Commissioner of Police in the area where the said office is appointed.

COMMISSIONER, IF INCLUDES "DEPUTY" OR "ASSISTANT" - It is clear that in the present case the Deputy Commissioner who acted in the matter had no power under Sec.17 of the Lunacy Act (since repealed by this Act). In any case, no such power could be conferred upon him even by the State Government. Because Lunacy Act, (since repealed by this Act) has not reognized conferment of such power upon any Deputy or Assistant to the Commissioner1.