The Mental Health Act was passed in the year 1987. The scope of the Act is to regulate the treatment and care of the mentally ill person. It also provides measures for the better management of their property and affairs and other incidental masters. This Act Repeals The Indian Lunacy Act, 1912 and the Lunacy Act, 1977. Chapter VI of the Act provides for the procedure to appoint a guardian to look after the mentally ill person and a manager to look after his properties.
1. Who appoints a guardian for a mentally ill person.
If the mentally ill person cannot look after himself, then the District Court will appoint a guardian to take care of him. If the District Collector has already been directed by the District court to take care of the properties of the mentally ill person then the District Collector shall appointed a guardian took look after the person also.(S.53)
property by himself it shall be taken charge by a court of ward. For this the District Court shall pass suitable directions.
2. Who will appoint a manager to a look after a mentally ill person’s property:
If a particular land can be taken care of by the Court of Wards then the District Collector shall direct the court of ward to take charge of the mentally ill person’s property. When such property cannot be given to the care of the court of wards then the district judge with the consultation of the collector shall issue suitable directions to the him for taking charge of the property and person of the mentally ill person and there after the District collector shall appoint a manager. In doing so the state government shall monitor his work.(S.54)
3. Who can file an application for a judicial inquisition on the mental condition of an alleged mentally ill person.
i) Any of his relatives (or)
ii) A public curator appointed under the Indian Succession Act,1925 (or)
iii) The Advocate General of the State in which the alleged mentally ill
person resides (or)
iv) The district collector.(S.50)
Procedures for in quest :- (S.50)
On receipt of an application the District Court shall, send a notice on the alleged mentally ill person to appear before it, or send a notice on the person having the custody of the alleged mentally ill person to produce such person before it, for being examined
If the alleged mentally ill person is a woman, who according to the custom prevailing in the area where she resides or according to the religion to which she belongs, ought not to be compelled to appear in public, the District Court may appoint A commissioner as provided in the Code of Civil Procedure, 1908.
For the purpose of conducting the inquisition applied for, the District Court may appoint two or more persons to act as assessors.
4. On what points will a district court conduct an enquiry: (S.51)
(i) Whether the alleged mentally ill person is in fact mentally ill or not,
(ii) Whether he is incapable of taking care of himself and of managing his property, or incapable of managing his property only.
5.What are the necessary conditions for a person to qualify for being appointed as a manager or Gaurdian.
i) The District Court or, the collector should considers that such appointment is for the benefit of the mentally ill person.
ii) Such person should enter into a bond for a value with such sureties that the appointing authority, may specify to account for all receipts from the property of the mentally ill person.
6. who will fix the remuneration of guardians and managers:-
(1) The appointing authority may determine their salary and allowances and it shall be paid, from out of the property of the mentally ill person,
7. What are duties of guardian and manager:-
(1) They shall be responsible for the care and maintenance of the mentally ill person or his property, or of both and of such members of his family as are dependent on him.
(2) Where the person appointed as guardian of a mentally ill person is different from the person appointed as the manager of his property, the manager shall pay to the guardian for his salary, allowance, for the maintenance of the mentally ill person and of such members of his family as are dependent on him.
(3) Manager appointed under this Act shall within a period of six months from the date of his appointment deliver to the authority, which appointed him an inventory of the immovable property belonging to the mentally ill person and of all assets and other movable property received on behalf of the mentally ill person, together with a statement of all claims due to and all debts and liabilities due by, such mentally ill person.
(4) Furnish to the appointing authority within a period of three months of the close of every financial year, an account of the property and assets in his charge, the sums received and disbursed on account of the mentally ill person and the balance remaining with him.
(5) The manager shall act in the same manner as the mentally ill person would have acted if such person had not become mentally ill. Manager shall realise all claims due to the estate of the mentally ill person and pay all debts and discharges all liabilities legally due from that estate:
(6) The manager shall not mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise any immovable property of the mentally ill person or lease out any such property for a period exceeding five years, unless he obtains the permission of the District Court.
(7) The District Court may, on an application made by the manager, grant him permission under conditions it may think proper in each circumstances. Before granting permission it may send notice to all the relatives and friends of the mentally ill person and here their objections.
(8) Whether the manager assumes responsibilities on contracts entered by the mentally ill person befor becoming ill;
Yes , Even then he should get suitable directions and permission from the district court.
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