Mental Health Act, 1987 - Liability to Meet Cost of Maintenance of Mentally Ill Persons Detained in Psychiatric Hospital

Chapter VII - Liability to Meet Cost of Maintenance of Mentally Ill Persons
Detained in Psychiatric Hospital or Psychiatric Nursing Home

78. Cost of maintenance to be borne by Government in certain cases

The cost of maintenance of a mentally ill person detained as an in-patient in any psychiatric hospital or psychiatric nursing home shall, unless otherwise provided for by any law for the time being in force, be borne by the Government of the State wherein the authority which passed the order in relation to the mentally ill person is subordinate, if -

   1. that authority which made the order has not taken an undertaking from any person to bear the cost of maintenance of such mentally ill person, and
   2. no provision for bearing the cost of maintenance of such a District Court under this Chapter.

COMMENT - This section makes provisions for maintenance of mentally ill person at Government cost, in certain cases.

79. Application to District Court for payment of cost of maintenance out of estate of mentally ill person or from a person legally bound to maintain him

   1. Where any mentally ill person detained in a psychiatric hospital or psychiatric nursing home has an estate or where any person legally bound to maintain such person has the means to maintain such person, the Government liable to pay the cost of maintenance of such person under Sec. 78 or any local authority liable to bear the cost of maintenance of such mentally ill person under any law for the time being in force, may make an application to the District Court within whose jurisdiction the estate of the mentally ill person is situate or the person legally bound to maintain the mentally ill person and having the means therefor resides, for an order authorising it to apply the estate of the mentally ill person to the cost of maintenance or, as the case may be, directing the person legally bound to maintain the mentally ill person and having the means therefor to bear the cost of maintenance of such mentally ill person.

   2. An order made by the District Court under sub-section (1) shall be enforced in the same manner, shall have the same force and effect and be subject to appeal, as a decree made by such Court in a suit in respect of the property or person mentioned therein.

COMMENT - When a mentally ill person has an estate or any person legally bound to maintain such person has means to maintain such ill person, application may be preferred to the District Court for payment of cost of maintenance of mentally ill person.

80. Persons legally bound to maintain mentally ill person not absolved from such liability

Nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentally ill person.

COMMENT - The provisions of the Act do not absolve person legally bound to maintain mentally ill person from maintaining such ill person.