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19 1945

MENTAL TREATMENT ACT, 1945

PART X.

Private Institutions.

Definitions for purposes of Part X.

111. —In this Part of this Act—

the expression “the register” means the register of private institutions kept under this Part of this Act,

the expression “registered proprietor” means, in relation to a private institution registered in the register, the person whose name is entered in the register in respect of such institution.

Register of private institutions.

112. —(1) The Minister shall keep a register of private institutions.

(2) There shall be entered in the register in respect of each private institution registered therein the name of the person by whom the institution is to be carried on, a statement as to the number of male persons of unsound mind, or the number of female persons of unsound mind, or the number of male persons of unsound mind and the number of female persons of unsound mind to be taken care of in the institution, and such (if any) other particulars as may be prescribed.

Obligation to register private institution.

113. —It shall not be lawful for any person to carry on a private institution unless it is registered in the register and such person is the registered proprietor thereof.

Exceptions from obligation to register private institution.

114. Section 113 of this Act shall not apply in relation to the taking care in an institution or premises of any person of unsound mind—

(a) who is absent under this Act from a mental institution on trial, or

(b) who is sent under this Act from a mental institution for treatment, or

(c) who is boarded out under this Act.

Application for registration or renewal of registration of private institution.

115. —(1) An application for the registration of a private institution in the register shall be made by the person intending to be the registered proprietor of the institution in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.

(2) An application for the renewal of the registration of a private institution in the register shall be made by the registered proprietor in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by the prescribed fee.

(3) Where an application is made under this section, the Minister may require the applicant to furnish such plans and other documents relating to the private institution in question as the Minister considers necessary for the consideration of the application.

(4) The Minister may cause an inspection to be made of a private institution in respect of which an application is made under this section and a report of such inspection to be furnished to him.

(5) An application for the renewal of a registration in the register shall be made—

(a) in the case of a first application for renewal, in the tenth month after the month in which the registration was made,

(b) in any other case, in the tenth month after the month in which, pursuant to this Part of this Act, the last renewal of the registration began to take effect.

Duration of registration of private institution.

116. —(1) Where a private institution is registered in the register it shall, unless the institution is previously removed from the register, continue to be so registered until the expiration of twelve months reckoned from the end of the month in which it is registered.

(2) Where an application for renewal of the registration of a private institution in the register is duly made and such renewal is granted before the expiration of the registration or the last renewal of the registration (as the case maybe) of the institution in the register, such renewal shall take effect upon such expiration and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

(3) Where an application for renewal of the registration of a private institution in the register is duly made and a decision on such application is not given until after the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register—

(a) the institution shall be deemed to continue to be registered in the register until the decision is given,

(b) if the decision is a decision granting a renewal, such renewal shall have effect as from the expiration of the registration or the last renewal of the registration (as the case may be) of the institution in the register and shall, unless the institution is previously removed from the register, continue to have effect until the expiration of twelve months reckoned from the time of such expiration.

Certificate of registration or renewal of registration of private institution.

117. —Where the Minister registers or renews the registration of a private institution in the register, he shall issue to the registered proprietor a certificate in the prescribed form of the registration or renewal of registration.

Refusal of registration or renewal of registration of private institution and removal from register of private institution.

118. —(1) The Minister may by order (which shall specify the ground therefor) refuse to register a private institution in the register, refuse to renew the registration of a private institution in the register, or remove a private institution from the register.

(2) Before making an order under this section, the Minister shall give notice to the applicant or to the registered proprietor of the private institution in question of the intention to make the order and of the ground therefor and shall include in the notice an intimation that, if before a specified date not earlier than fourteen days after the giving of the notice such applicant or proprietor informs the Minister in writing that he desires so to do, he will be given an opportunity of showing cause to the Minister why the order should not be made.

(3) Where a person informs the Minister under sub-section (2) of this section of his desire to show cause why an order should not be made, the Minister shall, before making such order, give him an opportunity to show cause.

Grounds for refusal of registration of private institution.

119. —The following (and no other) shall be the grounds for refusing an application for the registration of a private institution in the register:—

(a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person proposed to be in charge of the institution is not a fit person for that position,

(c) that the person who will be the person in charge of the institution does not undertake to reside therein,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof are unsuitable having regard to the use to which they are to be put,

(e) that the Minister is satisfied that the person or persons of unsound mind to be taken care of in the institution will not be under the observation of a registered medical practitioner approved of by the Minister,

(f) that the application is not made in accordance with this Part of this Act or that plans or other documents relating to the institution required by the Minister under this Part of this Act are not furnished within a reasonable time or are refused to be furnished.

Grounds for refusing renewal of registration of private institution.

120. —The following (and no other) shall be the grounds for refusing an application for the renewal of the registration of a private institution in the register:—

(a) that the Minister is satisfied that the applicant is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

(c) that the Minister is satisfied that the person in charge of the institution does not reside therein,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

(e) that the Minister is satisfied that the person or persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister,

(f) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate,

(g) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate,

(h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

(i) that there has been a conviction in relation to the institution of any offence under this Act,

(j) that the application is not made in accordance with this Part of this Act or that plans or other documents required by the Minister under this Part of this Act are not furnished or are refused to be furnished.

Grounds for removal of private institution from register.

121. —The following (and no other) shall be the grounds for removing a private institution from the register:—

(a) that the person carrying on the institution is not a fit person to carry on the institution,

(b) that the Minister is satisfied that the person in charge of the institution is not a fit person for that position,

(c) that the Minister is satisfied that the person in charge of the institution does not reside therein,

(d) that the Minister is satisfied that the premises of the institution or the situation, staff, or equipment thereof have become unsuitable having regard to the use to which they are put,

(e) that the Minister is satisfied that the person or persons of unsound mind taken care of in the institution are not under the observation of a registered medical practitioner approved of by the Minister,

(f) that the Minister is satisfied that the care or treatment afforded to such person or persons has been inadequate,

(g) that the Minister is satisfied that the food given to such person or persons has been unsuitable or inadequate,

(h) where a governing body manages the institution, that the Minister is satisfied that any of the members thereof is disqualified for his membership,

(i) that there has been a conviction in relation to the institution of any offence under this Act.

Continuation of certain powers after removal of private institution from register or after registration not being renewed.

122. —Where a private institution registered in the register is removed therefrom or the registration of a private institution registered in the register is not renewed, the powers conferred by this Act on the Minister and on the Inspector of Mental Hospitals in relation to the institution and the provisions of this Act in relation to the discharge, removal, and transfer of the patients in the institution shall continue in force for a period of three months thereafter and it shall be lawful to carry on the institution during that period for the purposes of effecting such discharge, removal, and transfer.

Disqualification from being member of governing body of private institution.

123. —Where a governing body manages a private institution registered in the register, no medical or other officer and no servant of the institution shall be a member of the governing body unless he is the owner or part owner of the institution or is a member of a religious community on whose behalf the institution is carried on or the Minister consents to his being a member of the governing body.

Provisions consequent upon transfer, etc., of private institution.

124. —Where a private institution registered in the register ceases, consequent upon any transfer, death, or other event, to be carried on by the registered proprietor, the person (if any) who continues to carry on the institution shall, on making written application (accompanied by the prescribed fee) to the Minister not later than fourteen days after such cesser and provided he is approved of by the Minister, be entitled to have his name entered in the register as the registered proprietor, and such person shall, on making such application, be deemed to be the registered proprietor as from such cesser until the Minister decides such application.

Striking out or correction of registration of private institution.

125. —The Minister shall—

(a) strike out a registration in the register which has ceased to have effect,

(b) from time to time make such corrections in the registrations in the register as he ascertains to be proper.

Addition to or alteration of premises of private institution.

126. —No addition to or structural alteration of the premises of a private institution registered in the register shall be made unless—

(a) written notice of the addition or alteration, accompanied by the prescribed plans thereof, is given to the Minister, and

(b) the Minister consents to the carrying out of the addition or alteration.

Keeping of plans of premises of private institution available for inspection.

127. —Where any plan in relation to the premises of a private institution registered in the register has been submitted to the Minister under this Part of this Act either for the purposes of obtaining the registration of the institution or otherwise, a copy of such plan shall be kept available in the institution for inspection by any person authorised by the Minister to inspect such copy.

Restriction on number of patients in private institution.

128. —The number of male persons or female persons of unsound mind taken care of in a private institution registered in the register shall not exceed the number specified in that behalf in the register.

Visitation of private institution where two or more patients are kept.

129. —(1) The Minister may make regulations requiring the visitation by registered medical practitioners of private institutions registered in the register where two or more persons of unsound mind are taken care of and prescribing the duties to be performed by such practitioners, and any such regulations may relate to all those institutions, to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.

(2) Where, in relation to a private institution registered in the register, there is a failure to comply with any regulation for the time being in force under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Visitation of sole patient in private institution.

130. —(1) Where one person only of unsound mind is taken care of in a private institution registered in the register, the Minister may by order direct how often such person is to be visited by a registered medical practitioner, and the provisions of such order shall be duly complied with.

(2) Unless and until an order is made in relation to any particular person under sub-section (1) of this section, such person shall be visited twice at least in each week by a registered medical practitioner.

(3) A registered medical practitioner visiting pursuant to this section or an order made thereunder shall at each visit make and sign a statement in the prescribed form as to the health of the person visited and the registered proprietor of the private institution where the visit is made shall retain such statement in the institution for inspection by the Inspector of Mental Hospitals.

(4) The Minister may require a registered medical practitioner visiting pursuant to this section or an order made thereunder to furnish to the Minister a report in writing as to the condition of the person visited and such practitioner shall comply with the requirement of the Minister.

(5) The Minister may by order direct that the services of any registered medical practitioner visiting a person of unsound mind who is the sole person taken care of in a private institution registered in the register shall be dispensed with and that, in lieu thereof, the services of some other registered medical practitioner be obtained, and the provisions of such order shall be duly complied with.

Register of patients in private institution.

131. —There shall be kept, in respect of a private institution registered in the register, a register in the prescribed form in which the prescribed particulars in regard to every person of unsound mind taken care of in the institution shall be entered.

Regulations governing carrying on of private institution, etc.

132. —(1) The Minister may make regulations—

(a) governing the carrying on of private institutions registered in the register,

(b) prescribing the medical staffs to be employed in connection with such institutions,

(c) prescribing records to be kept in respect of such institutions.

(2) Regulations under this section may relate to all private institutions registered in the register, or to such of those institutions as belong to a particular class, or to a particular one or more of those institutions.

(3) Where, in relation to any private institution registered in the register, there is a contravention by act or omission of any regulation made under this section and applicable to such institution, the registered proprietor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, together with, where the offence is a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.