Mental Treatment Act, 1945

Further consideration of detention of patient in institution not maintained by mental hospital authority.

240.—(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a mental institution not maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.

(2) After consideration of a report under sub-section (1) of this section in relation to a patient detained in a mental institution, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals and the resident medical superintendent of the district mental hospital nearest to such institution (in this section referred to as the visitors) to visit the patient.

(3) On a requisition being made by the Minister under sub-section (2) of this section, the visitors shall make two visits to the patient, the second visit being not less than eighteen days after the first visit.

(4) A first visit and a second visit under this section to a patient shall be made by the same persons as the visitors.

(5) Not less than fourteen days' notice of a second visit under this section to a patient shall be given by the Inspector of Mental Hospitals—

(a) to the person in charge of the mental institution where the patient is detained, and

(b) if it is practicable, to the person at whose instance the patient is detained.

(6) A notice under sub-section (5) of this section to the person in charge of a mental institution may (without prejudice to the giving of such notice in any other manner authorised by this Act) be given by an appropriate entry in any register of patients kept in the institution.

(7) After a second visit under this section has been made to a patient, the Inspector of Mental Hospitals shall make a report on the patient's mental condition to the Minister.

(8) After consideration of a report under sub-section (7) of this section, the Minister, if he so thinks fit, may by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.

(9) The Minister may pay to a resident medical superintendent visiting under this section such sum for his services and expenses as may be prescribed.