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Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:
Chapter V - Inspection, Discharge, Leave of Absence and Removal of Mentally ill persons Part IV - Removal 49. REMOVAL OF MENTALLY ILL PERSON FROM ONE PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME TO ANY OTHER PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME.
COMMENT? This section permits removal of any mentally ill person from one psychiatric hospital or psychiatric nursing home to another within the State or even to any other State with the consent of the Government of that other State. The provisions of this section however does not apply to a voluntary patient. 50. ADMISSION, DETENTION AND RETAKING IN CERTAIN CASES -? Every person brought into a psychiatric hospital or psychiatric nursing home under any order made under this Act, may be detained or, as the case may be, admitted as an in-patient therein until he is removed or is discharged under any law, and in case of his escape from such hospital or nursing home he may, by virtue of such order, be retaken by any police officer or by the medical officer-in-charge or any officer or 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 in-patient in such hospital or nursing home; Provided that in the case of a mentally ill person (not being a mentally ill prisoner) the power to retake as aforesaid under this section shall not be exercisable after the expiry of a period of one month from the date of his escape. COMMENT? This section deals with the matter relating to admission, detention or retaking of certain mentally ill persons. This section does not apply to a mentally ill prisoner. 51. APPEAL FROM ORDERS OF MAGISTRATE? Any person aggrieved by any order of a Magistrate, passed under any of the foregoing provisions may, within sixty 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 decision of the District Court on such appeal shall be final. COMMENT? This section empowers any person aggrieved by any order of a Magistrate to appeal against it to the District Court. JUDICIAL INQUISITION REGADING ALLEGED MENTALLY ILL PERSION POSSESSING PROPERTY, CUSTODY OF HIS PERSION AND MANAGEMENT OF HIS PROPERTY 52. APPLICATION FOR JUDICIAL INQUISITION?
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: "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. 53. 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 -?
COMMENT? This section empowers District Court to record its findings on certain issues. 54. PROVISION FOR APPOINTING GUARDIAN OF MENTALLY ILL PERSON AND FOR MANAGER OF PROPERTY -
COMMENT? This section makes provision for appointment of guardian of mentally ill person and for manager or property. 55. APPOINTMENT OF GUARDIAN OF MENTALLY ILL PERSON -?
COMMENT? This section empowers the District Court or the Collector to appoint guardian of mentally ill person. 56. APPOINTMENT OF MANAGER FOR MANAGEMENT OF PROPERTY OF MENTALLY ILL PERSON -?
COMMENTS? APPOINTMENT OF MANGER - 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. 57. 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. 58. 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. 59. APPOINTMENT AND REMUNERATION OF GUARDIANS AND MANAGERS -?
COMMENT? This section deals with appointment and remuneration of guardians and managers. 60. DUTIES OF GUARDIAN AND MANAGER -?
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. 61. POWERS OF MANAGER -?
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. 62. MANAGER TO FURNISH INVENTORY AND ANNUAL ACCOUNTS-?
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. 63. 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 -?
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. 64. 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. 65. 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. 66. MANAGER MAY DISPOSE OF LEASES -? 67. POWER TO MAKE ORDER CONCERNING ANY MATTER CONNECTED WITH MENTALLY ILL PERSON - 68. PROCEEDING IF ACCURACY OF INVENTORY OR ACCOUNTS IS IMPUGNED -? 69. PAYMENT INTO PUBLIC TREASURY AND INVESTMENT OF PROCEEDS OF ESTATE -? 70. RELATIVE MAY SUE FOR ACCOUNT -? 71. REMOVAL OF MANAGERS AND GUARDIANS-? This section makes provision for removal of managers and guardians of a mentally ill person 72. DISSOLUTION AND DISPOSAL OF PROPERTY OF PARTNERSHIP ON A MEMBER BECOMING MENTALLY ILL - An appeal shall lie to the High Court from every order made by a District Court under this Chapter.? This section makes provision for appeal in High Court from every order of the District Court. 79. POWER OF DISTRICT COURT TO MAKE REGULATIONS -?
Chapter VII - Liability to meet cost of maintenance of mentally ill persons detained in psychiatric hospital or psychiatric nursing home 80. COST OF MAINTENANCE TO BE BORNE BY GOVERNMENT IN CERTAIN CASES -? The cost of maintenance of a mentally ill person detained as an in-patient in any psychiatric hospital or psychiatric nursing home 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, if -
COMMENT? This section makes provisions for maintenance of mentally ill person at Government cost, in certain cases. 81. APPLICATION TO DISTRICT COURT FOR PAYMENT OF COST OF MAINTENANCE OUT OF ESTATE OF MENTALLY ILL PERSON OR FROM A PERSON LEGALLY BOUND TO MAINTAIN HIM -
COMMENT? When a mentally ill person has an estate or any person legally bound to maintain such person has means to maintain such ill person, application may be preferred to the District Court for payment of cost of maintenance of mentally ill person. 82. PERSONS LEGALLY BOUND TO MAINTAIN MENTALLY ILL PERSON NOT ABSOLBED FROM SUCH LIABILITY - Nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentally ill person. COMMENT? The provisions of the Act do not absolve person legally bound to maintain mentally ill person from maintaining such ill person.
Chapter VIII - Protection of human rights of mentally ill persons 83. PROTECTION OF HUMAN RIGHTS OF MENTALLY ILL PERSONS?
COMMENT PENALTIES AND PROCEDURE? 84. PENALTY FOR ESTABLISHMENT OR MAINTENANCE OF PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME IN CONTRAVENTION OF CHAPTER III -
COMMENT? This section makes provision for penalty for establishment or maintenance of psychiatric hospital/nursing home in contravention of the provisions of Chapter III. 85. PENALTY FOR IMPROPER RECEPTION OF MENTALLY ILL PERSON -? Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provision of this Act, shall, 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 both. COMMENT? This section makes provision for penalty for improper reception of mentally ill person. 86. PENALTY FOR CONTRAVENTION OF SOECS. 60 AND 69 -? Any manager appointed under this Act to manage the property of a mentally ill person who contravenes the provisions of Sec. 60 or sub-section (2) of Sec. 69, shall, on conviction, be punishable with fine which may extend to two thousand rupees and may be detained in a civil prison till he complies with the said provisions. COMMENT? This section makes provision for penalty for contravention of the provisions of Secs. 60 and 69. 87. GENERAL PROVISION FOR PUNISHMENT OF OTHER OFFENCES -? 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 months, or with fine which may extend to five hundred rupees, or with both. COMMENT? This section makes general provision for punishment of other offences.? 88. OFFENCES BY COMPANIES -?
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 the firm. COMMENTS This section deals with the offences under this Act committed by companies. PENAL PROVISION - Penal provision is to be construed rigidly1.? 89. SANCTION FOR PROSECUTIONS -? Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court shall take cognizance of any offence punishable under Sec. 82, except with the previous sanction of the licensing authority. COMMENT? Under this section previous sanction of the licensing authority has to be obtained for presecutions.? 90. PROVISION AS TO BONDS -? The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be apply to bonds taken under this Act. COMMENT? This section makes provision as to bonds taken under this Act. 91. SREPORT BY MEDICAL OFFICER -? The medical officer in-charge of a psychiatric hospsital or psychiatric nursing home shall, as soon as may be, after any mentally ill person detained therein has been discharged make a report in respect of his mental and physical condition to the authority under whose orders such person had been so detained. COMMENT? This section requires the medical officer to make a report about the mental and physical condition of the discharged person to the authority under whose orders the mentally ill person was detained in the psychiatric hospsital/nursing home. 92. PENSION, ETC. OF MENTALLY ILL PERSON PAYABLE BY GOVERNMENT -? 1. Where any sum is payable in respect of pay, pension, gratuity or 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 would be payable, may pay to the person having charge of the mentally ill 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 member of the family of the mentally ill person as are dependent on him for maiantenance, the susrplus, if any, or such part thereof as he thinks fit, having regard to the cost of maintenance 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: a. where the mentally ill person is certified to have ceased to be mentally ill person by the District Court within the local limits of whose jurisdiction such person resides or is kept or detains, the whole of the surplus amount shall be paid back to that person; b. Where the mentally ill person dies before payament, the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same: c. 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 amount paid in accordance with this section. COMMENT? This section makes provision for payment of pay, pension, gratuity, etc. of mentally ill person payable by Government. 93. LEGAL AID TO MENTALLY ILL PERSON AT STATE EXPENSE IN CERTAIN CASES -? 1. Where a mentally ill person is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate that such person has not sufficient means to engage a legal practitioner, the District Court or Magistrate shall assign a legal practitioner to represent him at the expense of the State. 2. Where a mentally ill person having sufficient means to engage a legal practitioner is not represented by a legal practitioner in any proceding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate, having regard to all the circumstances of the case, that such person ought to be represented by a legal practitioner, the District Court, or Magistrate may assign a legal practitioner to represent him and direct the State to bear the expenses with respect thereto and recover the same from out of the property of such person. 3. The High Court may, with the previous approval of the State Government, make rules providing for-? a. the mode of selecting legal practitioners for the purpose of Sub-section (1) and (2);? b. the facilities to be allowed to such legal practitioners;? c. the fees payable to such legal practitioners by the Government and generally for carrying out the purpose of sub-sections (1) and (2). EXPLANATION - In this section "legal practitioner" shall have the meaning assigned to it in Cl. (I) of Sec. 2 of the Advocates Act, 1961 (25 of 1961). COMMENTS? This section provides for legal and to mentally ill person at State expense in certain cases.? EXPLANATION - It is now well settled that an explanation added to a statutory provision is not a substantive provision in any sense of the term but as the plain meaning of the word itself shows it is merely meant to explain or clarify certain ambiguities which may have crept in the statutory provision1. 94. PROTECTION OF ACTION TAKEN IN GOOD FAITH -? 1. No suit, prosecution 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 thereunder. 2. No suit or other legal proceeding shall lie against the Government for any damage caused or likely 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. COMMENT? This section grants immunity from legal proceedings to persons for anything done or intended to be done under this Act in good faith. 95. CONSTRUCTION OF REFERENCE TO CERTAIN LAWS, ETC.? 1. Any reference in this Act to a law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. 2. Any reference in this Act to any officer or authorityshall, in relation to any area in which there is no offer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Cengral Government by notification. COMMENTS? This section provides for construction of reference to certain laws. - In construing social welfare legislation, the Courts should adopt a beneficent rule of construction and in any event, that construction should be preferred which fulfils the policy of the legislation. Construction to be adopted should be more beneficial to the purposes in favour of and in SOCIAL WELFARE LEGISLATION whose interest the Act has been passed1. 96. POWER OF CENTRAL GOVERNMENT AND STATE GOVERNMENT TO MAKE RULES -? 1. The Central Government may, by notification, make rules providing for the qualifications of persons who may be appointed as Mental Health Authority under Sec. 3 and the terms and conditions subject to which they may be appointed under that section and all other matters relating to such authority. 2. Subject to the provisions of sub-section (1), the State Government, with the previous approval of the Central Government may, by notification, make rules for carrying out the provisions of this Act: Provided that the first rules shall be made by the Central Government by notification.? 3. In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may provide for all or any of the following maters, namely: a. the qualifications of persons who may be appointed as Mental Health Authority and the terms and conditions subject to which they may be appointed under Sec. 4 and all other matters relating to such authority; b. The class or category of persons for whom separate psychiatric hospitals and psychiatric nursing homes may be established and maiantained under Cl (d) of sub-section (1) of Sec. 5; c. The form in which, -? ?i. an application, may be made for grant or renewal of a licence and the fee payable in respect thereof under Sec. 7 or as the case may be, Sec. 9; ?ii. a licence may be granted for the establishment or maintenance of a psychiatric hospital or a psychiatric nursing home under Sec.8; ?iii. an application may be made for a reception order under Sec. 20? d. the manner in which an order refusing to grant, or revoking, a licence shall be communicated under Sec. 8 or, as the case may be Sec. 11; e. the manner in which a report may be made to the licensing authority under sub-section (2) of Sec.9;? f. the minimum facilities referred to in the proviso to sub-section (5) of Sec. 9 including -? ?i. psychiatrist-patient ratio;? ?ii. other medical or para-medical staff;? ?iii. space requirement;? ?iv. treatment facilities; and? ?v. equipment:? g. the manner in which and the conditions subject to which a psychiatric hospital or psychiatric nursing home shall be maintained under sec. 10. h. The form and manner 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 sec.12; i. The mananer in which records shall be maintained under sub-section (1) of sec.13.? j. The facilities to be provided under Sec. 14 of the treatment of a mentally ill person as an out-patient;? k. The manner in which application for a reception order shall be signed and verified under sub-section (6) of Sec. 20; l. The qualification of persons who may be appointed as visitors and the terms and conditions on which they may be appointed, under Sec.37 and their functions. m. Prevention of vexatious or defamatory communications and other matters referred to in sub-section (3) of Sec.81; n. Any other matter which is required to be, or may be, prescribed.? COMMENTS? This section empowers the Central Government and State Government to make rules for carrying out the purposes of the legislation. RULES OF CONSTRUCTION - It is well-settled canon of construction that the rules made under a statute must be treated exactly as if they were in the Act and are of the same effect as if contained in the Act. There is another principle equally fundamental to the rules of construction, namely, that the rules shall be consistent with the provision of the Act1. 97. RULES MADE BY CENTRAL GOVERNMENT OR THE STATE GOVERNMENT TO BE LAID BEFORE THE LEGISLATURE - 1. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only if such modified form or be of no effect, as the case may be; so, however, that anay such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 2. Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. COMMENT? This section provides that the rules framed by the Central Government or the State Government shall be laid before each Houses of Parliament or the State Legislature, as the case may be. 98. EFFECT OF ACT ON OTHER LAWS -? 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. COMMENT? This section lays down that the provisions of othis Act shall have effect on other laws. 99. POWER TO REMOVE DIFFICULTY -? 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 to any State after the expiry of two years from the date on which this Act comes into force in that State. COMMENT? This section empowers the State Government to remove difficulty. 100. REPEAL AND SAVING -? 1. The Indian Lunacy Act, 1912 (4 of 1912) and the Lunacy Act, 1977 [Jammu and Kashmir Act 25 of 1977 (1920 AD)] are hereby repealed. 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 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. COMMENT? EFFECT OF IMPLIED REPEAL - If there is a repugnancy between the two pieces of legislation, to such an extent that both cannot stand together and operate simultaneously, the latter will have the effect of impliedly repealing theformer1. SAVING PROVISION - EFFECT OF - While giving effect to a saving provision, when it provides that something which is done or issued under the repealed provision must be treated as having been treated or issued under the newly enacted provision, an earlier order can be saved only if such a direction or an order could be effectively and validdly made under the new provisions of law, which had repealed the earlier provisions2.
The State Mental Health Rules, 1990 G.S.R. 1005 (E), DATED 29TH DECEMBER 19901 - In exercise of the powers conferred by the proviso to sub-section (2) ofSec. 94 of the Mental Health Act 1987 (14 of 1987), read with Sec. 22 of the General Clauses Act, 1897 (10 of 1897 (10 of 1897) the Central Government hereby makes the following rules namely: CHAPTER I - PRELIMINARY? 1. SHORT TITLE AND COMMENCEMENT -? 1. These rules may be called the State Mental Health Rules, 1990.? 2. They shall come into force in a State on the date of commencement of the Act in the State.? 2. DEFINITIONS - In these rules unless the context otherwise requires -? a. "Act" means the Mental Health Act, 1987 (14 of 1987);? b. "applicant" means the person who makes an application to the licensing authority for grant of a licence;? c. "authority" means the State Mental Health Authority constituted under Sec. 4 of the Act;? d. "Chairman" means the Chairman nominated undder rule 5;? e. "Form" means Form annexed to these rules;? f. "licence" means licence granted under Sec. 8 of the Act;? g. "member" means a membber of the Authority appointed under rule 3;? h. "membership" means membership of the Authority established under Sec. 4 of the Act;? i. "non-official member" means a member appointed under sub-rule (2) of rule 3;? j. "official member" means a member appointed under sub-rule (1) of rule 3;? k. "secretary" means Secretary to the Authority appointed under rule 13;? l. words and expressions used herein and not defined but defined in the Act shall respectively have the meanings assigned to them in the Act. COMMENT? "MEANS - EXPRESSION OF. - The expression "means" in a definition clause renders the definition exhaustive of the matter defined. Where an interpretation clause defines a word to mean a particular thing, the definition is explanatory and prima faci restrictive2. CHAPTER II - STATE MENTAL HEALTH AUTHORITY 3. CONSTITUTION OF THE AUTHORITY - The Authority shall consist of the following members, namely;? 1. Official Members:? a. Secretary, Department of Health;? b. Joint Secretary, Department of Health dealing with Mental Health;? c. Director of Health Services;? d. Medical Superintendent, Government Mental Hospital or Head of the Department of Psychiatry, Government Medical College and Hospital. 2. Non-official Members:? Three members including one social worker, one Clinical Psychologist and one Medical Psychiatrist, who in the opinion of the State Government, have special interest in the field of Mental Health. COMMENT? This rule provides for constitution of the Auathority for purpose of the rules.? 4. DISQUALIFICATION - A person shall be disqualified for being appointed as a member or shall be removed from membership by the State Government, if he - a. has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or b. is an undischarged insolvent; or? c. is of unsound mind and stands so declared by a competent court; or? d. has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government. 5. CHAIRMAN -? 0. The State Government may nominate any official member to act as the Chairman of the Authority.? 1. The Chairman shall cease to hold office when he ceases to be a member of the Authority.? 6. TERM OF OFFICE OF MEMBERS -? 0. Every official member shall hold office as such member so long as he holds the office by virtue of which he was so appointed. 1. Every non-official member shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment. 2. A non-official member may at any time resign from membership of the Authority by forwarding his letter of resignation to the Chairman and such resignation shall take effect only from the date on which it is accepted. 3. Where a vacancy occurs by resignation of a non-official member under sub-section (3) or otherwise, the State Government shall fill the vacancy by appointing from amongst category of persons referred to in sub-rule (2) of rule 3 and the person so appointed, shall hold office for the remainder of the term of office of the member in whose place he was so appointed. 4. Where the term of office of any non-official membr is about to expire, the State Government may appoint a successor at any time within three months before the expiry of the term of such member but the successor shall not assume duty until the term of the member expires. CHAPTER III - PROCEEDING OF THE AUTHORITY 7. MEETINGS OF THE AUTHORITY -? 1. The Authority shall ordinarily meet once in every six months at such time and place as may be fixed by the Chairman: Provided that the Chairman - ?i. may call a special meeting at any time to deal with any urgent matter requiring the attention of the Authority. ?ii. shall call a special meeting if he receives a requisition in writing signed by not less than four members and stating the purposes for which they desire the meeting to be called. 2. The first meeting of the Authority to be held in any calendar year shall be the annual meeting for that year. COMMENT? PROVISO. - It is a cardinal rule of interpretation that a proviso to a particular provision of a statute only embrances the field, which is covered by the main provision. It carves out an exception to the main provision to which it has been enacted by the proviso and to no other. The proper function of a proviso is to except and deal with a case which would otherwise fall within the general language of the main enactment, and its effect is to confine to that case. Where the language of the main enactment is explicit and unambiguous, the proviso can have no repercussion on the interpretation of the main enactment, so as to exclude from it, by implication what clearly falls within its express terms. The scope of the proviso, therefore, is to carve out an exception to the main enactment and it excludes something which otherwise would have been within the rule. It has to operate in the same field and if the language of the main enactment is clear, the proviso cannot be torn apart from the main enactment nor can it be used to nullify by implication what the enactment clearly says nor set at naught the real object of the main enactment, unless the words of the proviso are such that it is its necessary effect1. 8. SUBJECTS FOR SPECIAL MEETING - Where a meeting referred to in the proviso to sub-rule(1) of rule 7 has been convened, only the subjects for the considerations of which the meeting was convened, shall be discussed. 9. SUBJECTS FOR THE ANNUAL MEETING - At the Annual Meeting of the Authority, the following subbjects shall be considered and disposed of namely; a. Review of the progress of implementation of the various provisions of the Mental Health Act during the preceding one year; b. Other business brought forward with the consent of the Chairman or where he is absent with the consent of the Officer presiding at the meeting. 10. PROCEDURE FOR HOLDING MEETINGS -? 0. Every notice calling for meeting of the Authority shall -? a. specify the place, date and hour of the meeting;? b. be served upon every member of the Authority not less than twenty-one clear days in the case of annual meeting and fifteen clear days in the case of other meetings before the day appointed for the meeting. 1. The Secretary shall prepare and circulate to the members along with the notice of the meeting, an agenda for the meeting showing the business to be transacted. 2. A member who wishes to move a resolution on any matter included in the agenda, shall give notice thereof to the Secretary not less than seven days before the date fixed for the meeting. 3. A member who wishes to move any motion not included in the agenda shall give notice thereof to the Secretary not less than fourteen days before the date fixed for the meeting. COMMENT? This rule lays down the procedure for holding the meetings.? 11. PROCEEDINGS OF THE AUTHORITY -? 0. The Chairman or in his absence any member authorised by him, shall preside at the meetings of the Authority. 1. The quorum for the meeting of the Authority shall be four members.? 2. If within half an hour from the time appointed for holding a meeting of the Authority, quorum is not present, the meeting shall be adjounred to the same day in the following week at the same time and place and the presiding officer of such meeting shall inform the members, present and send notice to other members. 3. If at the adjounred meeting also, quorum is not present within half an hour from the time appointed for holding the meeting the members present shall constitute the quorum. 4. In the adjounred meeting if the Chairman is not present and no member has been authorised to preside at such meeting, the members present shall elect a member to preside at the meeting. 5. Each member including the Chairman shall have one vote. In the case of an equality of votes, the Chairman or any member presiding over such meeting, shall in addition, have a casting vote. 6. All decisions of the meeting of the Authority shall be taken by a majority of the members present and voting. 12. APPROVAL BY CIRCULATION - Any business which may be necessary for the Authority to transact except such as may be placed before the annual meeting, may be carried out by circulation among all members and any resolution so circulated and approved by a majority of members shall be valid and binding as if such resolution had been passed at the meeting of the Authority. 13. SECRETARY TO THE AUTHORITY -? 0. The Chairman shall coause to be appointed a Secretary to the Authority from amongst persons possessing post-graduate degree in Psychiatric and having three years' experience in the field of psychiatry. 1. The Secretary shall be a full-time or part-time servant of the Authority and shall function as the Administrative Officer of the Authority. 2. The Secretary shall be responsible for the control and management of office accounts and correspondence. 3. The Secretary shall attend and take notes of the proceedings of the meeting of the Authority.? 4. The Secretary shall cause to be appointed such members of the ministerial and non-ministerial staff which are essential for efficient functioning of the Authority. 5. The Secretary shall exercise such other powers and discharge such other functions as may be authorised in writing by the Chairman for the efficient functioning of the Authority. 14. FORWARDING OF COPIES OF THE PROCEEDINGS OF THE AUTHORITY TO THE STATE GOVERNMENT - The Secretary shall forward copies of the proceedings of the Authority to the State Government periodically. CHAPTER IV - LICENCE 15. APPLICATION FOR LICENCE -? 1. Every application for a licence under sub-section (1) or sub-section (2) of Sec. 7 of the Act shall be -? b. made to the licensing authority in Form I or Form II as the case may be;? c. accompanied by a fee of rupees two hundred in the form of a bank draft drawn in favour of the licensing authority. 16. GRANT OF LICENCE - If the licensing authority is satisfied that the applicant fulfils the conditions laid down in Cls. (a), (b) and (c) of Sec. 8 of the Act, it shall grant the licence in Form III. 17. REFUSAL OF LICENCE AND MANNER OF COMMUNICATING THE ORDER -? 0. If the licensing authority is satisfied that the applicant does not fulfil the conditions laid down in Sec. 8 of the Act, it may, after giving the applicant a reasonable opportunity of being heard against the proposed refusal of licence, by order setting out the reasons therein, refuse to grant the licence. 1. Every order refusing to grant a licence under Sec. 8 shall be communicated to the applicant by sending a copy of the order by registered post to the address given in the application. 2. A copy of the order shall also be conspicuously displayed on the notice-board of the licensing authority.? 18. APPLICATION FOR RENEWAL - Every application for renewal of a licence under sub-section (5) of Sec. 9 of the Act shall be - ?. made to the licensing authority in Form IV.? a. Accompanied by a fee of rupees one hundred in the form of a bank draft drawn in favour of the licensing authority. 19. REFUSAL OF LICENCE -? 0. If the licensing authority is satisfied that the conditions mentioned in the proviso to sub-section (5) of Sec. 9 of the Act are not attracted, it shall renew the licence. 1. If the licensing authority is of the opinion that the licence should not be renewed in view of the fact the conditions mentioned in the proviso to sub-section (4) of Sec. 9 are attracted, it may, after giving the applicant a reasonable opportunity of being heard against the proposed refusal of renewal of the licence by order setting out the reasons therein, refuse to renew the licence. 2. Every order refusing to renew the licence under the proviso to sub-section (5) of Sec. 9 shall be communicated to the applicant by sending a copy of the order by registered post to the address given in the application for renewal. 20. MANNER AND CONDITIONS OF MAINTAINING PSYCHIATRIC HOSPITALS OR PSYCHATRIC NURSING HOMES - Every Psychiatric hospital or nursing home shall be maintained subject to the condition that, - ?. such hospital or nursing home is located only in an area approved by the local authority;? a. such hospital or nursing home is located in a building constructed with the approval of the local authority; b. the building, where such hospital or nursing home is sisstuate, has sufficient ventilation and is free from any pollution which may be detrimental to the patients admitted in such hospital or nursing home; c. such hospital or nursing home has enough beds to accommodate the patient;? d. the nurses and other staff employed in such hospital or nursing home are duly qualified and competent to handle the work assigned to them; e. the supervising officer-in-charge of such hospital or nursing home is a person duly qualified having a post-graduate qualification in Psychiatry recognised by the Medical Council of India. 21. TIME FOR APPEAL? 0. any person aggrieved by the order of the licensing authority refusing to grant or renew a licence or revoking a licence, may prefer an appeal to the State Government within sixty days of the communication of such ordero: Provided that the State Government may entertain an appeal preferred after the expiry of the period ospecified in sub-rule (1) if it is satisfied that the applicant was prevented by sufficient cause from preferring the appeal in time. 1. The appeal shall be in "Form V" and shall be sent to the State Government by registered post or by appearing in person before and delivering the same to the Secretary to State Government, Department of Health or any other officer nominated by him in this behalf. 2. Every appeal shall be accompanied with a fee of rupees five hundred.? CHAPTER V - PSYCHIATRIC HOSPITAL AND NURSING HOME 22. MINIMUM FACILITIES FOR TREATMENT OF OUT-PATIENTS -? The minimum facilities required for every psychiatric hospital or psychiatric nursing home for treatment of patients mentioned in Sec. 14 of the Act shall be as follows: 1. Staff for 10 bedded hospital or nursing home -? a. One full time qualified Psychiatrist.? b. One Mental Health Professional Assistant (Clinical) Psychologist or Psychiatrist Social Worker.? c. Staff Nurses in the nurse : patient ratio 1:3? d. Attendrs in the attender: patient ratio 1:5? 2. Physical features - Adequate floor ospace depending on the number of beds shall be provided.? 3. Support/facilities - The minimum support/facilities shall be as under:-? a. Provision for emergency care for out-patient and for handling medical emergencies for out-patients and in-patients; b. A well equipped Electro Convolsive Therapy facility;? c. Psychodiagnostic facilities;? d. Provision for recreational/rehabilitation activities; and? e. Facilities for regular out-patient care.? 23. REVOCATION OF LICENCE -? 1. Where the licensing authority is satisfied that the licence of any psychiatric hospital or nursing home is required to be revoked in pursuance of Cl. (a) or (b) of sub-section (1) of Sec. 11 of the Act, it may, after giving the licensee a reasonable opportunity of being heard against the proposed revocation by order setting out the grounds therein, revoke the licence. 2. Every order revoking the licence under sub-rule (1) shall be communicated to the licensee by sending a copy of the order by registered post to the address given in the application. 3. A copy of the order shall also be conspicuously displayed on the notice-board of the office of the licensing authority and in the psychiatric hospital or nursing home. 24. MAINTENANCE OF RECORDS -? Every Psychiatric hospital or a psychiatric nursing home shall maintain the records of the treatment of patient in Form VI. CHAPTER VI - MISCELLANEOUS? 25. ADMISSION AND DETENTION IN PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME -? 1. Application by Medical Officer-in-charge -? a. The application for reception order may be made by the Medical Oficer-in-charge of a Psychiatric hospital or Psychiatric nursing home in "Foorm VII" or b. by the husband, wife or any other relative of the mentally ill person in "Form VIII".? 2. Application from husband or wife:? a. Every application by the husband or wife, relative or friend of a person who is alleged to be mentally ill shall be accompanied by necessary medical certificates; b. Such application shall be signed either by the husband or wife or relative or friend as the case may be, and verified by two independent witnesses; c. The name, address, occupation and other details of all the applicants and the attesting witnesses shall be clearly given in such application. 26. THE QUALIFICATION AND FUNCTIONS OF THE VISITORS -? 1. The qualifications of persons to be appointed as visitors under Sec. 37 of the Act shall be as follows:? a. A degree in Medicine with post-graduate degree in psychiatry awarded by any University in India recognised by the Medical Council of India and having at least ten years' standing in the profession, who has held/is holding the post of Medical Superintendent/Professor in Psychiatric hospital or psychiatric wing of a hospital; or b. Experience as a social worker/clinical psychologist/psychiatric nurse connected with any mental hospital for a period of not less than ten years. 2. The visitors appointed by the Government under Sec. 37 of the Act shall be responsible for -? a. review of admission and discharge of patients;? b. inspection of the wards, outdoor patient department and kitchen;? c. facilities to be provided;? d. suggestion for improvement; and? e. functioning as liaison officer between the Government and hospital.? 27. LEAVE OF ABSENCE -? Every application by relative or any other person on behalf of the patient for leave of absence under Sec. 45 of the Act shall be made in "Form IX". 28. INTERCEPTION OF THE LETTERS AND OTHER COMMUNICATIONS ADDRESSED TO THE MENTALLY ILL PERSONS - No letter of other communication addressed to a mentally ill person intended for delivery either through the postal department or otherwise shall be intercepted, detained or destroyed except under following circumstances, namely - ?i. any letter or other communication intended for delivery to a mentally ill person shall be opened only if the person having the supervisory control over the hospital or nursing home is of the opinion that such letter or communication contains any information or material which if communicated to such patient will be detrimental to his health; or ?ii. that the interception, detention or destruction of any letter or ocommunication intend to be delivered to the mentally ill person is necessary in the interests of the public or the State. ? ? ? ? ? The Central Mental Health Authority Rules, 1990? G.S.R. 1004 (E) DATED 20TH DECEMBER 1990.1 - In exercise of the powers conferred by sub-section (1) of Sec. 94 of the Mental Health Act, 1987, (14 of 1987), read with Sec. 22 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby makes the following rules, namely: CHAPTER I - PRELIMINARY? 1. SHORT TITLE AND COMMENCEMENT -? 1. These rules may be called the Central Mental Health Authority Rules, 1990.? 2. They shall come into force on the date of commencement of the Act.? 2. DEFINITIONS - In these rules unless the context otherwise requires -? a. "Act" means the Mental Health Act, 1987 (14 of 1987);? b. "Authority" means the Central Mental Health Authority established under Sec. 3 of the Act;? c. "Chairman" means the Chairman nominated under rule 5;? d. "Member" means member of the Authority appointed under rule 3.? e. "Membership" means the membership of the Authority established under rule 3.? f. "Non-Official Member" means a member appointed under sub-rule (2) of rule3;? g. "Official Member" means a member appointed under sub-rule (1) of rule3;? h. "Secretary" means the Secretary to the Authority appointed under rule 13;? i. words and expressions used herein and not defined but defined in the Act shall respectively have the meaning assigned to them in the Act.
CHAPTER II - CENTRAL MENTAL HEALTH AUTHORITY 3. CONSTITUTION OF THE AUTHORITY - The Authority shall consist of the following members, namely;? 1. Official Member -? a. Secretary or Additional Secretary, Ministry of Health and Family Welfare, Government of India.? b. Joint Secretary, Ministry of Health and Family Welfare dealing with Mental Health.? c. Additional Director-General of Health Services dealing with Mental Health.? d. Director, Central Institute of Psychiatry ,Ranchi.? e. Director, National Institute of Mental Health and Neuro Sciences, Bangalaore.? f. Medical Superintendent, Hospital for Mental diseases, Shahdara, Delhi.? 2. Non-Official Members- Three members including one social Worker, one clinical psychologist and one Medical psychiatric who, in the opinion of the central Government, have speical interest in the field of Mental Health. ? ? COMMENT? This rule provides that the Authority under this rule shall consist of certain official and non-official members mentioned therein. 4. DISQUALIFICATION - A persons shall be disqualification for being appointed as a members or shall be removed from membership by the Central Government if he,- a. has been convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude ; or b. is an undischarged insolvent ;or? c. is of unsound mind and stands so declared by a competent court, or? d. has been removed or dismissed from the Government or a body corporate owned or controlled by the Government. 5. CHAIRMAN -? 0. The Central Government may nominate any official member to act as the Chairman of the Authority.? 1. The Chairman shall cease to hold office when he ceases to be a member of the Authority.? 6. TERM OF OFFICE OF MEMBERS -? 0. Every official member shall hold office as such member so long as he holds the office by virtue of which he was appointed. 1. Every non-official member shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment. 2. A non-official member may at any time resign from membership of the Authority by forwarding his letter of resignation to the Chairman and such resignation shall take effect only from the date on which it is accepted. 3. Where a vacancy occurs by resignation of a non-official member under sub-rule (3) or otherwise, the Central Government shall fill the vacancy by appointing from amongst category of persons referred to in sub-clause (2) of rule 3 and the person so appointed, shall hold office for the remainder of the term of office of the member in whose place he was so appointed. 4. Where the term of office of any non-official member is about to oexpire the Central Government may appointment a successor at any time within three months before the expiry of the term of such member but the successor shall not assume office until the term of the member expires. CHAPTER III - PROCEEDINGS OF THE AUTHORITY 7. MEETINGS OF THE AUTHORITY -? 1. The authority shall ordinarily meet once in every six months at such time and place as may be fixed by the Chairman. Provided that the Chairman - ?i. may call a special meeting at any time to deal with any urgent matter requiring the attention of the Authority. ?ii. Shall call a special meeting if he receives a requisition in writing signed by not less than four members and stating the purpose for which they desire the meeting to be called. 2. The first meeting of the Authority to be held in any calendar year shall be the annual meeting for that year. 8. SUBJECTS FOR SPECIAL MEETING- Where a meeting referred to in the proviso to sub-rule (1) of rule 7 has been convened, only the subjects for the consideration of which the meeting was convened, shall be discussed. 9. SUBJECTS FOR THE ANNUAL MEETING - At the Annual Meeting of the Authority, the following subjects shall be considered and disposed of namely;- a. review of the progress of implementation of the various provisions of Mental Health Act during the preceding one year. b. Other business on the agenda; and? c. Any other business brought forward with the consent of the Chairman or where he is absent, with the consent of officer presiding at the meeting. 10. PROCEDURE FOR HOLDING MEETINGS -? 0. Every notice calling for a meeting of the authority shall -? A. specify the place, date and hour of the meeting:? B. be served upon every member of the Authority not less than twenty-one clear days in the case of annual meeting and fiteen clear days in the case of other meetings before the day appointed for the meeting. 1. The Secretary shall prepare and circulate to the members alongwith the notice of the meeting an agenda for such meeting showing the business to be transacted. 2. A member who wishes to move a resolution on any matter included in the agenda shall give notice thereof to the Secretary not less than seven days before the date fixed for the meeting. 3. A member who wishes to move any motion not included in the agenda shall give notice to the Secretary not less than fourteen days before the date fixed for the meeting. COMMENT? This rule lays down the procedure for holding the meeting.? 11. PROCEEDINGS OF THE AUTHORITY? 0. The Chairman or in his absence any member authorised by him shall preside at the meetings of the Authority. 1. The quorum for the meeting of the Authority shall be four members.? 2. If within half an hour from time appointed for holding a meeting of th Authority quaorum is not present, the meeting shall be adjounred to the same day in the following week at the same time and place and the presiding officer of such meeting shall inform the members present and send notice to other members. 3. If at the adjourned meeting also, quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall constitute the quorum. 4. In the adjourned meeting if the Chairman is not present and no member has been authorised to preside at such meeting, the members present shall elect a member to preside at the meeting. 5. Each member including the Chairman shall have one vote. In the case of an equality of votes, the Chairman or any member presiding over such meeting shall in addition, have a casting vote. 6. All decisions of the meeting of the Authority shall be taken by a majority of the members present and voting. 12. APPROVAL BY CIRCULATION - Any business which may be necessary for the Authority to transact except as such may be placed before the annual meeting, may be circulated and approved by a majority of members, shall be valid and binding as if such resolution had been passed at the meeting of the Authority. 13. SECRETARY TO THE AUTHORITY -? 0. The Chairman shall cause to be appointedd a Secretary to the Authority from amongst persons possessing post-graduate degree in psychiatry and having three years' experience in the field of psychiatry. 1. The Secretary shall be a full-time or part-time servant of the Authority and shall function as the Administrative Officer of the Authority. 2. The Secretary shall be responsible for the control and management of office accounts and correspondence. 3. The Secretary shall cause to be appointed such members of the ministerial and non-ministerial staff which are essential for the efficient functioning of the Authority. 4. The Secretary shall exercise such other powers and discharge such other functions as may be authorised in writing by the Chairman for the efficient functioning of the Authority. 14. FORWARDING OF COPIES OF THE PROCEEDINGS OF THE AUTHORITY TO THE CENTRAL GOVERNMENT - The Secretary shall forward copies of the proceedings of the Authority to the Central Government periodically.
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