Mental Treatment Act, 1945
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Chapter III. Temporary Chargeable Patient Reception Orders and Temporary Private Patient Reception Orders. | ||
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Application for and making of temporary chargeable patient reception order. |
184.—(1) Where it is desired to have a person received and detained as a temporary patient and as a chargeable patient in an approved institution maintained by the mental hospital authority for the mental hospital district in which such person ordinarily resides or an approved institution in which temporary patients of such authority may, in pursuance of an arrangement made under section 102 of this Act, be received, application may be made in the prescribed form to the person in charge of such institution for an order (in this Act referred to as a temporary chargeable patient reception order) to have such person received and detained as a temporary patient and as a chargeable patient in such institution. | |
(2) An application under this section may be made— | ||
(a) by the husband or wife or a relative of the person to whom the application relates, or | ||
(b) at the request of the husband or wife or a relative of the person to whom the application relates, by the appropriate assistance officer, or | ||
(c) subject to the provisions of the next following sub-section, by any other person. | ||
(3) Where an application under this section is not made by the husband or wife or a relative of the person to whom the application relates or, at the request of the husband or wife or a relative of such person, by the appropriate assistance officer, the application shall contain a statement of the reasons why it is not so made, of the connection of the applicant with the person to whom the application relates, and of the circumstances in which the application is made. | ||
(4) An application under this section shall be accompanied by a certificate in the prescribed form of the authorised medical officer certifying that he has examined the person to whom the application relates on a specified date not earlier than seven days before the date of the application and is of opinion either— | ||
(a) that such person— | ||
(i) is suffering from mental illness, and | ||
(ii) requires, for his recovery, not more than six months suitable treatment, and | ||
(iii) is unfit on account of his mental state for treatment as a voluntary patient, or | ||
(b) that such person— | ||
(i) is an addict, and | ||
(ii) requires, for his recovery, at least six months' preventive and curative treatment. | ||
(5) After consideration of an application for a temporary chargeable patient reception order and of the certificate accompanying the application, the person to whom the application is made may, if he so thinks proper, make such order in the prescribed form. |