Mental Treatment Act, 1945

Visiting committee of district mental hospital.

96.—(1) A mental hospital authority shall from time to time appoint a committee to visit their district mental hospital and the other institutions and accommodation maintained by them.

(2) The following provisions shall have effect in relation to the members of a visiting committee of a district mental hospital:—

(a) the number of the members shall not exceed one-third of the number of the members of the mental hospital authority by whom the committee were appointed;

(b) not more than one-half of the members may be persons who are not members of such authority;

(c) the tenure of office of the members shall be determined by such authority;

(d) all casual vacancies in the membership shall be filled by such authority.

(3) Subject to the other provisions of this section, it shall be the duty of the visiting committee of a district mental hospital to do the following things:—

(a) from time to time to visit the hospital and the other institutions and accommodation maintained by the mental hospital authority by whom they were appointed and there to hear any complaints which may be made to them by any patient and, if so requested by him, to hear the complaint in private;

(b) to report to such authority any abuses which they may observe in the course of their visits;

(c) to report to such authority on any repairs which they may observe in the course of their visits to be urgently needed;

(d) to report to such authority on any matter on which the committee think it expedient so to report or on which such authority have requested the committee so to report.

(4) The visiting committee of a district mental hospital shall not inquire into or receive any complaint or make any report in relation to the services, remuneration, privileges or superannuation of the officers and servants of the mental hospital authority by whom the committee were appointed or any of such officers or servants.

(5) The appointment of the chairman of the visiting committee of a district mental hospital, and their meetings and the quorum and procedure thereat, shall be governed by standing orders to be made by the mental hospital authority by whom the committee were appointed.

(6) The visiting committee of a district mental hospital shall, either acting collectively or by any two or more members nominated by them in that behalf, be entitled at all times to visit the district mental hospital and the other insitutions and accommodation maintained by the mental hospital authority by whom they were appointed and to have free access to every part thereof subject to compliance with the rules made under this section.

(7) The Minister may make rules prescribing the powers and duties of visiting committees of district mental hospitals and of visiting members of such committees and the manner in which such committees and such visiting members shall exercise and perform those powers and duties and all other powers and duties conferred or imposed on them by this section or otherwise.

(8) The visiting committee of a district mental hospital shall comply with and observe the rules made by the Minister under sub-section (7) of this section and for the time being in force so far as such rules apply to such committee.

(9) Every rule in force immediately before the commencement of this Part of this Act under sub-section (6) (repealed by this Act) of section 34 of the County Management Act, 1940 (No. 12 of 1940), shall, upon the commencement of this Part of this Act, continue in force and shall be capable of being amended or revoked as if it were duly made under this section.

(10) Where a mental hospital authority maintains an auxiliary mental hospital which is not a part of their district mental hospital, the foregoing provisions of this section shall not apply to the auxiliary mental hospital and, in lieu thereof, the provisions of section 97 of this Act shall apply thereto.