Section 21. Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement,

(5) The notice of the date fixed under sab-decQbh (4.3 9h&l be given to the applicant and to any other person to whom,, in the opinion of the Magistrate, such notice shall be given. (2) Where a,medical officer in charge of a psychiatric hospital or psychiatric .nursing home in ,whioh a mentally `ill` person is undergoing treatment under a temporary treatment ordm is satisfied that- (a) the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or, as the case may be, psychiatric nursing home is required to be continued for more than six months, or `(b)` it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that suoh person shall be detained in a psychiatric hospital or psychiatric nursing home, he may make an application `to` the Magistrate within the local limits 01 whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be. (7) On tke date fixed under sub-seetion (4), or on such further da& as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of- `(i)` the applicant; , f d i ~ .tw& , -~pg@& .~ghtial$y i.$~ :ps6ri: (a~l.&$~'s- t ~ @ m g . @ { g , id;.*his discretion otherwise directs); . . . a I I - . . . .[[. ]] . . .[[. ]] . . . . . . (.@). sueh-.&her pensod: `q,%` $'he MagisCa4q thbks:.fit; . . &,: s, .$ and if the Magistrate is satisfied 'that the alleged mentally ill person, in !$? geilatiion to whom. $he application is. made, is ss. mentally~i.11 that in the '''..% Interests of the health and personal safety of that person- `..or` fir the :! K-lfT! rotection ..: ;: `of` ~theys it i!,,peccs.sary `Co` detain him in a psychiatric hospital ' j i < l l , eg,m3@tric . . . .&?sing : . pbhe for treatment, he, may pass a reception order $%: &h?j pFpgse &?$' if he is., '.nQtzko satisfied, he shall dismiss the appli- ' cation and 'any such order may provide. for the payment of the costs of the inquiry by the applicant personally or from out of the estate of the m~ally. jJ1. ?BkpgrTf as. the ..M~gktrate may deem a~p,r~pri.ate. (6) Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government. 21. Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement,- , ;: + . (a) ,that each of the medical practitioners referred Do in that sub-section has independently examined the alleged mentally ill Form and contents of medical certiflcat@* Procedure upon , ., appliI cation for I reception 1 order. I I I i ! : ;.. . ! . .: ~, ,. , . . . . .. ... . . '. , wHQf%.and has f o m d his opiniak `cm` .the bads of his 'o'udn Bbser- %%%io~s and. fr-m the pa&ioular% communiuated. $40 birnj and : , . `t"` - `t"` - (b) that in the opinion of each such medical practitioner ige 2 . .&lkgeti :mentally .il.l person is suffering f a m mmeatal disorder of such ::. - .&.,m.tu@e and: degxee as td warrant the detention of such .perSm. in a p w e h - i ~ ~ k ~ hosp%$t;al or p~yclliatric 'nursing. home and4;that::swh detention is necessary in the interests- of the health pe2sbnal sd.ety of that person or for the protection of others. PART I.I `.l` `.I>` i >I + `I >` I r , I ~dmiision under special circumstances el1 ,,; , , * * , * * 19. (1) Any mentAlly ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home d'n an applicatfon made in that behalf by a relative or a friend of the mentally ill person if the medical officer in charge is satisfied that in the interests of the mentally ill person it is necessary so to do: . Pcovided that no person so admitted as an inpatient shall be kept in the psychiatric hospital or psychiatric nursing home as an inpatient for a period exceeding ninety days except in accordance with the other provisions of this Act. (2) Every application under sub-section (1) shall be in the prescrilSed form and be accompanied by two medical certificates, from two medical practitioners of whom one shall be a medical practitioner in the service of Government, to the effect that the condition of such mentally ill ';person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home: Provided that the medical omcer, in charge of the psychiatric hospital or psychiatric nursing home concerned may, if satisfied that it is proper so to do, cause a mentally ill person to be examined by twcu medical practitioners working in the hospital or in the nursing home instead of 'requiring such certificates. (3) Any mentally ill person admitted under sub-section (1) or his relative or friend may apply to the Magistrate for his discharge and the Magistrate may, after giving notice to the person at whose instance he Was admitted to the psychiatric hospital or psychiatric nursing home and after making such inquiry as he may deem fit either allow or dismiss the application. (4) The provisions of the foregoing sub~section shall be without prejudice to the powers exercisable by a Magistrate before whom the case of a mentally ill person is brought, whether under this section or under `any` other provision of this Act, to pass a reception order, if he is satisfied that it is necessary so to do in accordance with the relevant provisions of this Aet. Reception orders A,--Reception orders on applications - I . 20. (1) An application for a reception order may be made by- (a.) the medical officer in charge of a psychiatric hospital or psychiatric nur~ing home, or .(3) Subject to the provisions cf sub-section (5)) Lhe husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limitv of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill person under a reception order in a psychiatric hospital or psychiatric nursing home. `7` (4) Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by th2 husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made. - (i) who is a minor, or `(ii)` who, within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application under this section. . r. fyatg$iq!lJ ..!! `I _ )` , : '~ 1f -I,-. aiy recir4, thereasans for such ,dismissal and a copy of the orcle* ~iilicatfon is dismissed under sub-section `(7),` the Ma& ~hallbg . , : : . . ., . . , fyrnished to the appli'cant. . . . ,: .:< . . . . : % . `,.*c` . `,.*c` ' ~ . - ~ ~ c e p t i o n orders on production of mentally ill persons before > ! Magistrate 22. (1) Or;r receipt -of amlicatkdfi f ~ h d ~ e gtibr&e$i& <,?$ & . *ction Zb; t&~l.e. M8e;iktrate may rn&e a r&cEpiioii t~rdef, `if` 'h&'iS s&%gfi&'d ; t ! N 3 L `(i)` the mentally ill person is suffering from mental disorder df 4fibh a f&ure degree thtl.gt it ig neeesey `+i` ,&t- `&&.,a` pQ7chiatric hospital or psych.f&%$id n;hfanB %m&fojr' t?e*fi.e~; yjT L .* L `(ii)` it is. necessary in the interests of: the health and ger.soncil safety of the mentally ill person or for the proteetion ot 0.t-hers that he should be so detained, and a temporary treatment order would ndk .2&~p~gi& ifi thk . ~ ~ c - u ~ a & n c e ~ of `-$he` &&- `2fi` ,& ~c&&$ary t6 `a` f ~ ' ~ ~ p : e i ~ n &dei.. of `-$he` &&- `2fi` ,& ~c&&$ary . . . . . . ., !. . . . ., !. . `-(2)` On receipt of an application under. sub-section @$ O$ .seo$l@n ..ai the- !Magistrate shall consider the statements made the apP&i!ca%ioi$ and the evidence of mental illness as disclosed by. the; medical c&$fi+tebi / . , :(3) 1f the Magistrate wnsiders that, there are sufficht . . .,. .,. . . .fqr .proceeding further, he shall personaily examine the alleged rnentafiy person unless, for reasons to be recorded in writing, he thinks that i't'i$ not mecessary or expedient to ds so. L . . .,. .,. . . .proceeding further, he shall personaily examine the alleged rnentafiy il& . . , . .... ' . . ill . , - perion. . . . . . . . (@)::Iiy . . . .: . . the husband, wife or any other relative . . . . . . . . . . . , . , . , . ... . . . pf . . . . . . . . ... . the meritally , . . . . . . . . . . . . . . . . .I . . ,! . `,` ....:.. & ., ... - , , -! . , `(4)` the Magistrate is satisfied that a r6eeption ordermay piopeily be'made forthwith, he may make such order, and i f the . Magistrate . . tq not so satisfied, he shall fix a date for further consideratioh of the . &pp$i. - cation and may make such inquiries concerning the alleged' mentally . . . . , ill person as he thinks fit. (6) If the Magistrate fixes- a date under sub-section- `(4)` for fuPCher, consideration of the application, he may make such orher as h e thinks `fi&,` for tihv proper @are a.nd aust~dy of .the allegg& &efitall,p:$.,]p@&on $e~~mg:disp.osal of the a@idati'on; : . . . . . .