Short title and commencement

1. “Act” means the Mental Health Act 1987 (14 of 1987);

2. “Applicant” means the person who makes an application to the licensing Authority for grant of a license;

3. “Authority” means the State Mental Health Authority constituted under Sec. 4 of the Act;

4. “Chairman” means the Chairman nominated under rule 5;

5. “Form” means Form annexed to these rules;

6. “License” means the license granted under Sec. 8 of the Act; 

7. “Member” means a member of the Authority appointed under rule 3;

8. “Membership” means membership of the Authority established under Sec.4 of the Act;

9. “non official member” means a member appointed under sub-rule (2) of rule3;

10. “Official member” means a member appointed under sub-rule (1) of rule 3;

11. “Secretary” means Secretary to the Authority appointed under rule 13;

12. Words and expressions used herein and not defined but defined in the Act shall respectively have the meaning assigned to them in the Act;

1. Secretary, Department of Health;
2. Joint Secretary, Department of Health dealing with the Mental Health;
3. Director of Health Services;
4. Medical Superintendent, Government Mental Hospital or Head of the Department of Psychiatry, Government Medical College and Hospital. 

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.

Disqualification - A person shall be disqualified for being appointed as a member or shall be removed form the membership by the State Government if he,

1. Has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or 

2. Is an under-charged insolvent; or

3. Is of unsound mind and stands so declared by a competent court or 

4. Has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government

The State Government may nominate any official member to act as the chairman of the Authority.

The Chairman shall cease to hold office when he ceases to be a member of the Authority.

Every official member shall hold office as such member so long as he holds the office by virtue of which he was so appointed.

Every non-official member shall hold the office for a period of 3 years from the date of his appointment and shall be eligible for reappointment.

A non-official member may at any time resign from membership of the Authority by forwarding a letter of resignation to the Chairman and such resignation shall take effect only from the date on which it is accepted.

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 the office of the member in whose place he was so appointed.

Where the term of office of any non-official member is about to expire, the State Government may appoint a successor at any time within 3 months before the expiry of the term of such member but the successor shall not assume duty until the term of the member expires.

1. May call a special meeting at any time to deal with any urgent matter requiring the attention of the Authority; 
2. Shall call 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. 

Subject for the 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.

1. Review of the progress of implementation of the various provisions of the Mental Health Act during the preceding one year:
2. 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. 

1. Specify the place, date and hour of the meeting

2. Be served upon every member of the Authority not less than 21 clear days in the case of Annual meeting and 15 clear days in the case of other meetings before the day appointed for the meeting

The Secretary shall prepare and circulate to the members along with the notice of the meeting, an agenda for such meeting showing the business to be transacted.

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. 

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. 

The Chairman or in his absence any member authorized by him, shall preside at the meetings of the Authority.

The quorum for the meeting of the Authority shall be four members.

If within half an hour from the time appointed for holding a meeting of the Authority, quorum is not present, the meeting shall be adjourned to the same day in the following week at the same time and place and the presiding officer of such meeting shall inform this to the members, present and send notice to the other members

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.

In the adjourned meeting if the Chairman is not present and no member has been authorized to preside at such meeting, the members present shall elect a member to preside at the meeting.

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. 

All decision of the meeting of the Authority shall be taken by a majority of the members present and voting.

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 has been passed at the meeting of the Authority.

The Chairman shall cause to be appointed a Secretary to the Authority from amongst persons possessing post graduate degree in psychiatry and having three years experience in the field of psychiatry.

The Secretary shall be a full time or part time servant of the Authority and shall function as the Administrative Officer of the Authority.

Administrative Officer of the Authority.

The Secretary shall be responsible for the control and management of office accounts and correspondence.

The Secretary shall attend and take notes of the proceedings of the meeting of the authority.

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

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.

Forwarding of copies of the proceedings of the Authority to the State Government 

1. Made to the licensing authority in From I or Form II as the case may be; 
2. Accompanied by a fee of rupees two hundred in the form of a bank draft drawn in favor of the licensing authority.

If the licensing authority is satisfied that the applicant fulfils the conditions laid down in Claus.(a), (b) and (c) of Sec.8 of the Act, it shall grant the license in Form III

If the licensing authority is satisfied that the applicant does not fulfil the conditions laid down insec.8 of the Act it may, after giving the applicant a reasonable opportunity of being heard against the proposed refusal of license, by order setting out the reasons therein, refuse to grant the license.

Every order refusing to grant a license 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.

A copy of the order shall also be conspicuously displayed in the notice-board of the licensing authority

Every application for renewal of a license under sub –section(5) of Sec 9 of the Act shall be,

1. Made to the licensing authority in Form IV.
2. Accompanied by a fee of Rs one hundred in the form of a bank draft drawn in favour of the licensing authority.

If the licensing authority is satisfied that the condition mentioned in the proviso to sub section (5) of Sec 9 of the Act are not attracted, it shall renew the license.

If the licensing authority is of opinion that the license should not be renewed in view of the fact the conditions mentioned in the proviso to sub section (4) of section 9 are attracted, it may, after giving the applicant a reasonable opportunity of being heard against the proposed refusal of renewal of the license by order setting out the reasons therein, refuse to renew the license.

Every order refusing to renew the license under the proviso to sub section (5) of Sec.9shall be communicated to the applicant by sending a copy of the order by registered post to the address given in the application for renewal.

Every Psychiatric hospital or nursing home shall be maintained subject to the condition that, 

1. Such hospital or nursing home is located only in an area approved by the local authority;

2. Such hospital or nursing home is located in a building constructed with the approval of the local authority;

3. The building, where such hospital or nursing home is situated, has sufficient ventilation and is free from any pollution which may be detrimental to the patients admitted in such hospital or nursing home; 

4. Such hospital or nursing home has enough beds to accommodate the patient;

5. The nurses and other staff employed in such hospital or nursing home are duly qualified and competent to handle the work assigned to them;

6. 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.

Any person aggrieved by the order of the licensing authority refusing to grant or renew a license or revoking a license, may prefer an appeal to the state Government within sixty days of the communication of such order: Provided that the State Government may entertain an appeal preferred after the expiry of the period specified in sub-rule (1) if it is satisfied that the applicant was prevented by sufficient cause from preferring the appeal in time.

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.

Every appeal shall be accompanied by a fee of rupees five hundred.

The minimum facilities required for every psychiatric hospital or psychiatric nursing home for treatment of patients mentioned in section 14 of the Act shall be as follows.

1. One full time qualified psychiatrist
2. One Mental Health Professional Assistant (Clinical) Psychologist or Psychiatric Social Worker.
3. Staff Nurse in the nurse : patient ratio 1 :3
4. Attenders in the attender : patient ratio 1: 5

1. Provision for emergency care for out patient and for handling medical emergencies for out patient and in patient; 
2. A well equipped Electro Convulsive Therapy facility; 
3. Psycho diagnostic facilities;
4. Provision for recreational/ rehabilitation activities, and 
5. Facilities for regular out –patient care. 

Where the licensing authority is satisfied that the license of any psychiatric hospital or nursing home is required to be revoked in pursuance of Cl.(a) or (b) of sub Section(1) of Sec11 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 license.

Every order revoking the license under sub- section (1) shall be communicated to the licensee by sending a copy of the order by registered post to the address given in the application.

A copy of the order shall also be conspicuously displayed in the notice-board of the office of the licensing authority and in the psychiatric hospital or nursing home.

Every psychiatric hospital or a psychiatric nursing home shall maintain the records of the treatment of patient in Form VI.

Application by Medical Officer in Charge

1. The application for reception order may be made by the Medical Officer in charge of psychiatric hospital or psychiatric nursing home in “Form VII” or 

2. By husband, wife or any other relative of the mentally ill person in “Form VIII”

Application from husband or wife

1. 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;

2.  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;

3. The name, address, occupation and other details of all the applicants and the attesting witnesses shall be clearly given in such application

1. A degree in Medicine with post graduate degree in Psychiatry awarded by any University in India recognized 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

2. Experience as a Social Worker /Clinical Psychologist /Psychiatric Nurse connected with any Mental Hospital for a period of not less than ten years.

The visitors appointed by the Government under Sec. 37 of the Act shall be responsible for 

1. Review of admission and discharge of patients;
2. Inspection of wards, outdoor patient Department and kitchen;
3. Facilities to be provided;
4. Suggestion for improvement; and 
5. Functioning as liaison officer between the Government and hospital.

Every application by relative or any other person on behalf of the patient for leave of absence under Sec.45 of Act shall be made in “Form IX”

No letter or other communication addressed to a mentally ill person intended for delivery either through the postal Department or other wise shall be intercepted, detained or destroyed except under following circumstances, namely

1. Any letter 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 person will be detrimental to his health; or

2. That, the interception, detention or destruction of any letter or communication intended to be delivered to the mentally ill person is necessary in the interest of the public or the State.