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 -
xcvii. 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
xcviii. 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 -
xcix. for the applicant or any person authorised by him, or
c. 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 -
• 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
• 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.
2. 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 inpatient
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.