ACT & RULES

Rules

  1. Title and commencement.-
    1. These rules may be called the Karnataka Mental Health Rules, 2012.
    2. They shall come into force from the date of their publication in the Official Gazette.
  2. Definitions.
    1. In these rules unless the context otherwise requires,
    2. ‘Act’ means the Mental Health Act, 1987 (Central Act 14 of 1987);
    3. ‘Applicant’ means the person who makes an application to the licensing Authority for grant of a license;
    4. Authority’ means the Karnataka
    5. “Chairman” means the Chairman nomin
    6. “Clinical Psychologist” means a Mental Health Professional with qualification of a Post Graduate degree in psychology from
      a university established by Law with M.Phil institution.
  3. “Convalescent Home” means a part of the hospital or an institution or a unit or section of the institution established or;
    maintained by the Government or any other person for such mentally ill persons in the form of Psychiatric Rehabilitation Homes,
    Psychiatric Day Care Home or other Partial Hospitalization Units, and Long Term Care Homes or Units and includes,-

    1. Residential Half Way Homes’ means residential facility for patients with mental disorders who do not
      require full hospitalisation but are not well enough to function in the community without adequate professional supervision and support.
    2. ‘Quarter way home means residential facility for mentally ill who are functional enough to be able to hold a job.
    3. ‘Long stay homes’ means the places where mentally ill patients stay for a flexible period of time and
      receive psychiatric care and rehabilitation.
    4. ‘Vocational Training Centre’ means the centre for the mentally ill. These centres are expected to achieve the
      objective of moving the disabled persons towards economic independence.
    5. ‘Sheltered Work Shop’ means the centres for the mentally ill, which are job oriented centres to achieve the
      objective of moving the mentally ill persons towards economic independence. [They must be self sustaining and are
      meant for income generation. Marketing the products/ services of the centres is a necessary feature].
    6. ‘Day Care Centre’ means a place where persons with mental disorders who do not require hospitalization or
      residential care are provided psycho social rehabilitation services by qualified or trained personnel during daytime.
  4. De -addiction facility’ means a place where persons diagnosed to have dependence on alcohol and other drugs are treated
    and cared for
  5. ‘Form’ means Form appended to these rules;
  6. ‘Inpatient facility for psychiatric patients in a general hospital or general nursing home’ means a general hospital or nursing
    home established or maintained by anybody other than the government, which provides also for psychiatric services;
  7. Member’ means a member of the authority appointed under rule 3;
  8. ‘Membership’ means membership of the authority established under section 4 of the Act;
  9. Mental health institute or nursing home’ means a hospital or a nursing home as may be established or maintained by the
    Government or any other person for treatment and care of mentally ill persons;
  10. ‘Mental Health Professional’ means professionals trained in Psychiatry, psychology, psychiatric social ‘work, psychiatric
    nursing or occupational therapy from a recognized centre;
  11. ‘Non-official member’ means a member appointed under sub-rule (2) of rule (3);
  12. ‘Official member’ means a member appointed under sub-rule (1) of rule 3;
  13. ‘Occupational Therapist’ means professionals trained in vocational training, occupational guidance and related skills by the
    recognised training centres;
  14. ‘Psychologist’ means a person trained in clinical psychology at the level of Post graduation studies from a University
    established by law;
  15. “Psychiatric Nurse” means a qualified nurse with certificate in General Nursing or Diploma in psychiatric nursing or BSc in
    psychiatric nursing after a regular course recognized by Nursing Council Of India;
  16. “Psychiatric Social Worker” means a mental health professional assistant with Master degree in Social Work from a
    university established by Law with M.Phil or Ph.D in Psychiatric Social Work acquired after a two- year course from an accredited
    institution;
  17. “Social Worker” means a postgraduate from a university established by Law in a social work with training in medical and
    psychiatric social work;
  18. “Secretary ” means secretary of the authority appointed under rule13;
  19. All other words and expressions used in these rules but not defined shall have the same meaning assigned to them in the
    Act.

 

Acts

THE MENTAL HEALTH ACT, 1987

(No. 14 of 1987)1

[22nd May, 1987]

An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their properly and affairs and for matters connected therewith or incidental thereto.

STATEMENT OF OBJECTS AND REASONS OF ACT 14 of 1987

  1. The attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage. Thus the mentally ill persons are to be treated like any other sick persons and the environment around them should be made as normal as possible.
  2. The experience of the working of Indian Lunacy Act, 1912 ( 4 of 1912) has revealed that it has become out-moded. With the rapid advance of medical science and the understanding of the nature of malady, it has become necessary to have fresh legislation with provisions for treatment of mentally ill persons in accordance with the new approach.
  3. It is considered necessary
      1. to regulate admission to psychiatric hospitals or psychiatric nursing homes of mentally ill-persons who do not have sufficient understanding to seek treatment on a voluntary basis, and to protect the rights of such persons while being detained;
      2. To protect society from the presence of mentally ill persons who have become or might become a danger or nuisance to others;
      3. To protect citizens from being detained in psychiatric hospitals or psychiatric nursing homes without sufficient cause;
      4. To regulate responsibility for maintenance charges of mentally ill persons who are admitted to psychiatric hospitals or psychiatric nursing homes;
      5. To provide facilities for establishing guardianship or custody of mentally ill persons who are incapable of managing their own affairs;
      6. To provide for the establishment of Central Authority and State Authorities for Mental Health Services;
      7. To regulate the powers of the Government for establishing, licensing and controlling psychiatric hospitals and psychiatric nursing homes for mentally ill persons;
      8. viii.To provide for legal aid to mentally ill persons at State expense in certain cases.

     

  4. The main object of the Bill is to implement the aforesaid proposals.