Section 5. (1:)' Sab:ect :%a: the proitisions of this sektton t & .Mag=&thk mayj:; i

(2) Where. any order of discharge is made under sub-section (1 ) in respect 06 a person'swho hds been detained or is undergoing treatment as inpatient in pursuance of an, order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer L I in ' charg&.I i, `-1` ! I , ' l i r l Discharge, , of men- tally ill persons on application. L I I 1%. ,. % * " ' I : I > t;. 1 1 , , , `b,'` : * -, 41: Any p ~ ~ o n ? detainedi)inin a psychiatric hospital or psychiatric nursing hoine underan2bkder made in pursuance of an application made under this Act, shall be discharged on an application made in that behalf to the - medical officer in charge by the person on whose, application the order ' `1"` was Gade: I . , iProvidet.i that no person shall be discharged under this section if the medical &&cer in charge certifies i n writing that the person is dangerous and unfit to be at large. t . r . - `4` b Order of discharge on the undertak- `ing` of relatives or friends, etc., for due care `ef` mentally ill person. 46 of 1950. this behalf? and such psychiatrist or, as the case may be, such medical oBcer shaU,make a special report regarding the mental and physical con: dition of such person to the authority under whose order such person' , is detained. I `PART` I1 ,, Discharge 40. ( I ) -Notwithstanding anything contained in Chapter IV, the medical officer in charge of a psychiatric hospital or psychiatric nursing home may, on t h i recommendation of two medical practitioners one of whom shali preferably b$ a psychiatrist, by order in writing, direct the discharge of a* person, other than a voluntary patient detained or undergoing treatined'therein as an inpatient, and such person shall thereupon be discharged from the psychiatric hospital or psychiatric nursing home: Order of discharge by medical offlcer in chwg. ~rovided'thaf no order under this sub-section shall be made in resp,eet of a mentally ill prisoner otherwise than as provided in section 30,of the I Prisoners Act, 1900 or in any other relevant law. I , 3 of 1900. I , , J i 35. (1:)' Sab:ect :%a: the proitisions of this sektton t & .Mag=&thk mayj:; i 7 by order in writing (hereinafter referred to as the order of substitutipn), transfer the duties and responsibilities under' this Act, of the person- on `whose` application a reception order was made, -to any other person who is willing to undertake the same and such other person shall thereupn be deemed for the purposes of this Act ,to,be the person on whoseappli,. cation the reception order was mdde'and' ail +ferences in this Act to the latter person s$all be construed ,accordingly:, .. .. catim reception Order been Provided that no such order of sibdtitution shall absolve the person upon whose application the reception order was mads or, if he is dead, his legal representatives, from any, liability incurred before the date of the order of substitution. the order of substitution. . , , . ,>,-!L . . . . . . . . r;.:, . / / . send ( 2 ~ ;,;;:..,, `A` B:e;fdzs maliinq;.'~ i8iii2g jto 1 , , ' , . ! tgi? i . person on whose appliC?atl+ any ,;,; . * . ( '. , . ' order , , , :. o f substit'i&on,' i h i . ~ i g i s t ~ a t e : h reception; , . , . :, - i?~.de:r5 shhl 2 ; :, , ., was maae,. who, in' jh& 'opini& of the Magistrate, shall' have notice. if h&iS ali>e,, and to: any. relative %f the mentally, ill person , .. ..>?:!>.... . . ~ ; : . .. : .: [@) the licensee has cpntravened any of the provisione,~drthio Act or any rule made thereunder. r r - ;, r ?;,, ;? "0 T " a , -.' :+< 10. Every psychiatric hospital or psychiatric nursing home sh,aruAlj@ PSY chismaintained in such manner and subject to such conditions as may be tric prescribed. , s r , ? hospital ; - and : ' k,'f <; ~ g c h i a - tric sing `to` * ' % ~ * `nu&` ""I! `mk&-` : 5: `7',4` 11, (1) The licensing authority may, without prejudice to any other penalty that may be imposed on the licehsee, by ordgr in w3tirig, revoke the licence if it `is` uatisfied that-I (a) the psychiatric hospital or psychiatric nursing hpme is not " 7:* ' being maintained by the licensee in accordance with the prbvisions of this Act or the rules made thereunder; or , I (b) the maintenance of the psychiatric hospital or psf;chiaW3c nursing home is being carried on in a, manner detrimental 'to th@ moral, mental or physical well-being of the inpatients thereof:' Provided that no such order shall be made except after giving the licensee a reasonable opportunity of being heard, and every such'order shall set out therein the grounds for the revocation of the lfcelic'e an& such grounds shall be communicated to the licensee in such manner as may be prescribed. I . i i . : `a:` .. .gel:iod bf th,ee q9n% q9n% `from,` s+h. l L q o ~ e ~ ~ ~ t 3 . g t , . or licence. ; (2) Nothing contained in su:b-sectipn (1) shall apply to a psychiatric 'h'OgPit61 .- .,... ,.. *r p.@c~ii6'trye flQtg h6 liciwe st 'fn.aiY1t)&e,d p&t'Paq :.!Goed*;Menc .6r !$tdf& '&.c&&3hbi!h$ . . 1 ' . 7.. .. .GA ,.Eyev :.Person, who hojds, ,at the coq$ehc6ment, ., . . . . . . . . . . . , ,,of . [this. ][Act, ][a ] vdid licence a u t k ~ r j : ~ i ~ ~ . , : ~ t person, to, e&abli@ o r majptaio. . ... b `psy-` chiatric hospital or psy&hi~fkic nkkiiiig hhhe, ,ihilI, if' the sa~d'.parson .. ,~:btemd~r-: t s ; es$abUsh-ior eontintjel:@e!r int ten awe `:,qf` ; s y ~ h :h%pt$$l or .Ib,@.B5qg::h,a&eL . a f k ~ i khe -:a%piry :@$ Oba . @epi,od-. ref%p.r& &,ini. cla.Wg ,(@& of `&be` &B~NF$~- $0 :ipbsacti;oa '(1),.36f.. 'sec+$e118,i .mtjkeI -al:.:%e,a& `9%` t . : l w t h :. k t e h g e 4 i&tij ~ X ; P ~ B Y ' 6% ,sa~h 8prim& i ?p&~at10$ `tp!.` ttb! .U~en.wbgt jtMho- do% t gmb+:bE!: 'a\.. f~e~h::Wn.&~ fi& `.*i:` :es;%ql$is.hcin$.o~ W ~ t e ~ . e ! o $ ~Wh.hospita1. ox: :Wmlrsg homeI: ~~srthe; isase* $tay?be;[I ] :. . . ) . :,. Applica,tion `for` licence, . , . , . `(z)?` A &tson,, . who intends `to` e~t~bIislr b r ,ma&t&i'nXI;ijfk' &ie '<&Imencement 6f this &, a psyehiatfic ho&$al or pwihl$rlc &fng home, shall, u,nless the said person already' holds a valcd ficehce, 'make : a& applha4Po.m tojrtbe lkensim& ,avth,~r;itx. .fq$;..$ke grant! r:o& .*>.$@e~tqi?. /. i : a, :.,i.I 15% :(3). Rvery applikation u6der sub-section (q or sub-section (2) shall .- . ~ , . ~ , : B J I Q ~ fqq: arid . bei ,ae,mmga~i.@4.,.bs.. ~vch! f ee~asimayi `:M` p&kcribed. Grant &n~apZult&bion under section 7; thel+cen~ilbg.atlitho- , zt fit skdt%WFd!8 id id $&&:fled Grant or 8q@ ~ ~ e i p k ~ o i &n~apZult&bion under section 7; thel+cen~ilbg.atlitho&& &ake S U G ~ I inquiries zt it may deem fit skdt%WFd!8 id id $&&:fled thatI ( <- . , . . (my $be4 ~ ~ ~ ~ ~ p : b >msli$&n&Hee: ll f ~ ~ df ~ `.f&` ~ n . ~ or psychiatric nursing home `o ~ i` tBe: & & k i ~ ~ & c ~ . ~ . ~ ~ & & : &%&c&:&~~ of any such hospital or nursing home established befp,re the com- ~~~e~~ by.tEfi$ ~ e f & ' ~6~i;~gary;. of lice-. msli$&n&Hee: ll f ~ ~ df ~ `.f&` ~ ~fl$$+c~~:@@~*fiospital n . ~ &%&c&:&~~ . 2 ' `(bi)` $b;:[REDACTED] i is. i& a pastti om; &, phi&. t&.. *&!ahm facilities prescribed for the adrnis~i~on, treatment and-:&i$@t:6fizihfita]lT ilk .persons; . . . and . . . - , (3) Every order made under sub-section (1) shall contain a direction that the inpatients of the psychiatric hospital or psychiatric nursing-home shall be transferred to such other psychiatric haspita1 or psychiatriv nursing home as may be specified in that order and it shall also contain such provisions (including provisions by way of directions) as to the care and custody of such inpatients pending such transfer. (3) Every order made under sub-section (1)[shall ][take! ][effect,- ] (a) where no appeal has been preferred against such order under section 12, immediately on the expiry of the period prescribed for such appeal; and 9 , (b) where such appeal has been preferred and the same has been dismissed, from the date of the order of such dismissal. 12. (1) Any person, aggrieved by an order of the licensing authoriby. refusing to grant or renew a licence. or revoking a licence, may, in such, manner and within such period as may bc prcscribcd, prefer an appeal 80 the State Government: I `t` ~''Fko&ded `&at` the State Government 'may eate~tiain `ab` appeal preferred after the expiry of the presc~ibed period i.f it is ~ ~ s f i e d `%ha$` the appellant was prevented by sufficient cause from preferring the appeal 'ii-i %im . `.I!` . , G::.:<$a . x; . . . ~ [:,r: .x;.-. ..: P . '.. . . =&;;!:.. ;..;;; *La>, and rengWQ `of` . licence. it shfl grapt a licence t~ the agplicant in the prescribed form, aq?, where it is,not so ,gatisfled, the licensing authority shall, by order, refuse to grant the licence applied for: r; r; , the licensing authority shauegive to the applicant a rea~pnable ohpor- Provided that, beforgr maldng any order refusing to grant a licence, tunity of being heard and every order of refusal to grant' a licepce shhl , , p t out therein $he reasons for such refusal and such reasons shall be communicated to the applicant in such manner as may be prescribed. 9. (1) A licence &all not be transferable or heritable. (2) Where a licensee is unable to function as such for any reason or where at licensee dies, the licensee or, as the case may be, the legal represantatire of such licensqe shall forthwith report the matter `in` the prescribed manner to thk licensing authority and notwithstanding anything contained in sub-section (I), the psychiatric hospital or ps~qhiatric nur- sipg home concerped may continue to be maintained and shall be deemed to be a licensed psyohiatric hospital or licensed psychiatric, nursing home, as the case may be,- - (a) for a period of three-months from the date of such report or - 'in the case of the death `of` the licensee from the date of his death, ,or (b) if an application made in accordance with sub-section (3) for a licence 'is pending on the expiry of the period specified in clause (a), till the disposal of such application. I - :', (3) The legal representative of the licensee referred to in sukection - -, fa), shall,, if `.,he` intends to continue the maintenance of the psychiatric hosl~ital or psychiatricn nursing home after the expiry' of the peziod referred! `to` in Sb-section (2), make, at least one month before the expiry! of - "such period, an application to the licensing authority for the grant bfi a fresh licence for the maintenance of such hospital or nursing home, as the case may be, and the provisions of section 8 shall apply in relation Zb such application as they apply in relaition to an application made - 1 I[bnder section ] `[,7. ]` (2) Every appeal under sub-section (1) shall be made in ,y+~&, and be accompanied by such fee as may be prescribed. . .