recommendations; but this subsection shall not apply in a case where the application is of no effect
by virtue of clause (e) of subsection (1) of section 17 above.
(4) Nothing in this section shall be construed as authorizing the giving of notice in respect to an
application made as an emergency application, or the detention of a patient admitted in pursuance of
such an application after the period of 72 hours referred to in clause (iii) of section 12 above unless
the conditions set out in clauses (a) and (b) of that section are complied with or would be complied
with apart from any error or defect to which this applies.
19. Mentally disordered persons found in public Places.__ (1) If an officer in charge of a
police station finds in a place to which the public have access, a person whom he has reason to
believe, is suffering from a mental disorder and to be in immediate need of care or control the said
officer may, if he thinks it necessary to do so in the interest of that person or for the protection of
other persons, remove that person to a place of safety, which means only a Government run health
facility, a Government run psychiatric facility or hand him over to any suitable relative who is willing
to temporarily receive the patient.
(2) A person removed to a place of safety under this section may be detained there for a period
not exceeding 72 hours for the purpose un enabling him to be examined by a psychiatrist or his
nominated medical officer and for making any necessary arrangements for his treatment or care.
______
CHAPTER IV
LEAVE AND DISCHARGE
20. Order of leave.__ (1) An application in the prescribed form, for leave to absence in regard to
any mentally disordered person (not being a mentally disordered prisoner) who is formally admitted in
any psychiatric facility may be made to the psychiatrist in charge of the facility, by a relative who is
desirous of taking care and custody of such mentally disordered person for a specified period,
requesting that he may be allowed on his application to take care and custody of such a patient and
subject to the assessment by a psychiatrist, in charge of the said facility, who may allow or deny the
said application:
Provided that no application under this subsection shall be made by a person who has not attained
the age of majority.
(2) Every application under subsection (1) shall be accompanied by an undertaking__
(a) to take proper care of the mentally ill patient;
(b) to prevent the mentally ill patient from causing injury to himself or to others; and
(c) to bring back the mentally ill patient to the said facility on the expiry of the period of
leave.
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