Mental Treatment Act, 1945

Effect of private patient reception order.

181.—(1) Where a private patient reception order is made, the following provisions shall, subject to the provisions of this section, have effect:—

(a) the applicant for the order or any person authorised by him may take the person to whom the order relates and convey him to the mental institution mentioned in the order;

(b) any of the persons specified in sub-section (2) of this section may receive and take charge of the person to whom the order relates and detain him until his removal or discharge by proper authority or his death and, in case of his escape, retake him within twenty-eight days thereafter and again detain him as aforesaid.

(2) The persons entitled to receive, take charge of, detain, and retake a person under this section shall be the person carrying on the mental institution mentioned in the relevant private patient reception order and his officers, assistants, and servants and any medical officer of such institution.

(3) Where, after the making of a private patient reception order, the person to whom the order relates is not conveyed to the mental institution mentioned in the order within seven clear days after the day on which the order is made, the order shall cease to have effect.

(4) Notwithstanding anything contained in sub-section (3) of this section, where, within seven clear days after the day on which a private patient reception order is made, the registered medical practitioner to whom the application for the order was made, or, in his absence or incapacity, some other registered medical practitioner, certifies that the person to whom the order relates will not be fit to be removed until after the expiration of such seven clear days, the order shall not cease to have effect on the expiration of such seven clear days, but, if such person is not conveyed within a further seven clear days to the mental institution mentioned in the order, the order shall then cease to have effect.