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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;

(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.



Mental Health Act, 1987 Back




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