Inspection
37. Appointment of Visitors.—(1) The State Government or the Central Government, as the case
may be, shall appoint for every psychiatric hospital and every psychiatric nursing home, not less than
five Visitors, of whom at least one shall be a medical officer, preferably a psychiatrist and two social
workers.
(2) The head of the Medical Services of the State or his nominee preferably a psychiatrist shall be
an ex officio Visitor of all the psychiatric hospitals and psychiatric nursing homes in the State.
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(3) The qualifications of persons to be appointed as Visitors under sub-section (1) and the terms and
conditions of their appointment shall be such as may be prescribed.
38. Monthly inspection by Visitors.—Not less than three Visitors shall, at least once in every
month, make a joint inspection of every part of the psychiatric hospital or psychiatric nursing home in
respect of which they have been appointed and examine every minor admitted as a voluntary patient
under section 17 and, as far as circumstances will permit, every other mentally ill person admitted therein
and the order for the admission of, and the medical certificates relating to, every mentally ill person
admitted subsequent to the joint inspection immediately preceding, and shall enter in a book kept for that
purpose such remarks as they deem appropriate in regard to the management and condition of such
hospital or nursing home and of the inpatients thereof:
Provided that the Visitors shall not be entitled to inspect any personal records of an inpatient which in
the opinion of the medical officer in charge are confidential in nature:
Provided further that if any of the Visitors does not participate in the joint inspection of the
psychiatric hospital or psychiatric nursing home in respect of which he was appointed a Visitor for three
consecutive months, he shall cease to hold office as such Visitor.
39. Inspection of mentally ill prisoners.—(1) Notwithstanding anything contained in section 38,
where any person is detained under the provisions of section 144 of the Air Force Act, 1950 (45 of 1950),
or section 145 of the Army Act, 1950 (46 of 1950), or section 143 or section 144 of the Navy Act, 1957
(62 of 1957), or section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974),—
(i) the Inspector-General of Prisons, where such person is detained in a jail; and
(ii) all or any three of the Visitors including at least one social worker appointed under
sub-section (1) of section 37, where such person is detained in a psychiatric hospital or psychiatric
nursing home,
shall once in every three months, visit such person at the place where he is detained, in order to assess the
state of mind of such person and make a report thereon to the authority under whose order such person is
so detained.
(2) The State Government may empower any of its officers to discharge all or any of the functions of
the Inspector-General of Prisons under sub-section (1).
(3) The medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any
person referred to in sub-section (1) is detained, shall once in every six months, make a special report
regarding the mental and physical condition of such person to the authority under whose order such
person is detained.
(4) Every person who is detained in jail under the provisions of various Acts referred to in
sub-section (1) shall be visited at least once in every three months by a psychiatrist, or, where a
psychiatrist is not available, by a medical officer empowered by the State Government in this behalf and
such psychiatrist or, as the case may be, such medical officer shall make a special report regarding the
mental and physical condition of such person to the authority under whose order such person is detained.