88. 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.
89. Report by medical officer.—The medical officer in charge of a psychiatric hospital or
psychiatric nursing home shall, as soon as may be, after any mentally ill person detained therein has been
29
discharged make a report in respect of his mental and physical condition to the authority under whose
orders such person had been so detained.
90. 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 members of the family of the mentally ill person as are dependent on him for
maintenance, the surplus, 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 by the District Court
within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of
the surplus amount shall be paid to that person;
(b) where the mentally ill person dies before payment, the whole of the surplus amount shall be
paid over to those of his heirs who are legally entitled to receive the same;
(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 amounts paid in accordance with this section.
91. 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 proceeding 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-sections (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 clause (i) of
section 2 of the Advocates Act, 1961 (25 of 1961).
92. 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.
30
(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.
93. Construction of references to certain laws, etc.—(1) Any references in this Act to a law which
is not in force in any area shall, in relation to that area, be constructed as a reference to the corresponding
law, if any, in force in that area.
(2) Any reference in this Act to any officer or authority shall, in relation to any area in which there is
no officer or authority with the same designation, be construed as a reference to such officer or authority
as may be specified by the Central Government by notification.
94. 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 section 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 section 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 maintained under clause (d) of sub-section (1) of section 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 section 7 or, as the case may be, section 9;
(ii) a licence may be granted for the establishment or maintenance of a psychiatric hospital or
a psychiatric nursing home under section 8;
(iii) an application may be made for a reception order under section 20;
(d) the manner in which an order refusing to grant, or revoking, a licence shall be communicated
under section 8 or, as the case may be, section 11;
(e) the manner in which a report may be made to the licensing authority under sub-section (2) of
section 9;
(f) the minimum facilities referred to in the proviso to sub-section (5) of section 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 section 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 the fee payable in respect
thereof under section 12;
31
(i) the manner in which records shall be maintained under sub-section (1) of section 13;
(j) the facilities to be provided under section 14 for the treatment of a mentally ill person as an
outpatient;
(k) the manner in which application for a reception order shall be signed and verified under
sub-section (6) of section 20;
(l) the qualifications of persons who may be appointed as Visitors and the terms and conditions
on which they may be appointed, under section 37 and their functions;
(m) prevention of vexatious or defamatory communications and other matters referred to in
sub-section (3) of section 81;
(n) any other matter which is required to be, or may be, prescribed.
95. 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 in such modified form or be of no effect, as the case may be; so,
however, that any 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.
96. 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.
97. 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.
98. 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.