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Contents

Long Title

Part I PROVISIONS REGULATING PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDERS

Part II PROVISIONS FOR THE ADMISSION AND DETENTION OF PERSONS OF UNSOUND MIND IN MENTAL HOSPITALS

Part III GENERAL PROVISIONS

THE SCHEDULE

Legislative History

 
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On 01/11/2014, you requested the version as published on or before 01/11/2014.
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PART III
GENERAL PROVISIONS
Construction of laws
54.  Whenever in any written law or other document whatsoever any reference to a lunatic or to lunacy or to a lunatic asylum or asylum or mental hospital is contained, that reference shall be read as a reference to a mentally disordered person or to a patient within the meaning of this Act or, as the case may be, to mental disorder, or to a mental hospital.
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Medical orders or certificates
55.  Every order or certificate of a medical officer shall be evidence of the facts therein appearing and of the judgment therein stated to have been formed by the person certifying on such facts, as if the matters therein appearing had been verified on oath.
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[56
Copy of reception order to be sent to the person in charge of the mental hospital
56.  The court making an order under section 25 shall forthwith send a certified copy of the order to the person in charge of the mental hospital into which any person is ordered to be received.
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[57
Protection of persons enforcing the Act
57.
—(1)  Where a person has made a request for the reception of any patient, or signed or carried out or done any act with a view to signing or carrying out an order purporting to be a reception order, or any report, application, recommendation, or certificate purporting to be a report, application, recommendation or certificate under this Act, or has done anything in pursuance of this Act, he shall not be liable to any civil or criminal proceedings whether on the ground of want of jurisdiction or on any other ground unless he has acted in bad faith or without reasonable care.
(2)  No proceedings, civil or criminal, shall be brought against any person in any court in respect of any such matter as is mentioned in subsection (1), without the leave of the court, and leave shall not be given unless the court is satisfied that there is substantial ground for the contention that the person, against whom it is sought to bring the proceedings, has acted in bad faith or without reasonable care.
(3)  Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application.
[58
Penalty for improper reception or detention
58.
—(1)  Subject to section 57, any person who —
(a)
otherwise than in accordance with the provisions of this Act receives or detains in a mental hospital a person who is or is alleged to be of unsound mind; or
(b)
for gain detains in any place not being a mental hospital or designated observation ward two or more persons of unsound mind,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.
(2)  No prosecution under this section shall be commenced without the sanction of the Attorney-General.
[59
Sums payable by the Government to persons of unsound mind
59.  When any sum is payable in respect of pay, pension, gratuity or other similar allowance to any person by the Government, and the person to whom the sum is payable is found under the provisions of this Act to be of unsound mind, the Government officer under whose authority that sum would be payable if the payee were not of unsound mind may pay so much of that sum as he thinks fit to the person having charge of the person of unsound mind, and may pay the surplus, if any, or such part thereof as he thinks fit, for the maintenance of such members of the family of the person of unsound mind as are dependent on that person for maintenance.
[60
Order for payment of cost of maintenance
60.
—(1)  When any person has been received into a mental hospital in accordance with section 310 or 315 of the Criminal Procedure Code or section 31 of the Prisons Act [Cap. 247] the court shall on the application of the medical superintendent make an order for the payment of the cost of maintenance of that person in the mental hospital, and may direct that any sum of money payable under that order shall be recovered from the estate of that person, or of any person legally bound to maintain him:
Provided that if at any time it appears to the satisfaction of the court that the person has not sufficient property and that no person legally bound to maintain the person has sufficient means for the payment of such cost, the court shall so certify instead of making such order for the payment of the cost.
(2)  An order under subsection (1) shall be enforced in the same manner and shall be of the same force and effect and subject to the same appeal as a judgment or order made by the court in a suit in respect of the property or person therein mentioned.
[61
Saving of powers
61.  Nothing contained in Part II shall be taken to interfere with the power of the court over any person found to be mentally disordered under Part I.
[62
Rules
62.
—(1)  The Minister may make rules for the better carrying out of the provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), such rules may prescribe —
(a)
the conditions and circumstances under which mechanical means of restraint or seclusion may be applied to patients; and
(b)
the books and records to be kept in mental hospitals.
(3)  The Minister may in making any rules prescribe a fine not exceeding $500 with which the contravention thereof shall be punishable.
(4)  Any person who contravenes or fails to comply with such rules shall, where no other penalty is provided by such rules, be liable on conviction to a fine not exceeding $200.
(5)  Such rules shall be published in the Gazette.
(6)  All such rules shall be presented to Parliament and shall not come into force until approved by a resolution of Parliament.
(7)  In approving any such rules, Parliament may make such alterations therein as it may think fit.
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