Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 4 : Transfer and Discharge30. Application for discharge of State patient |
[Regulation 30 heading substituted by regulation 15(a) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (1) | A person contemplated in section 47(1) of the Act who is not the official curator ad litem or administrator of a State patient may apply in the form of Form MHCA 29 of the Annexure to a judge in chambers for the discharge of that State patient. |
| (2) | The official curator ad litem or administrator of a State patient may apply in the form of Form MHCA 30 of the Annexure to a judge in chambers for the discharge of a State patient. |
| (3) | [Regulation 30(3) deleted by regulation 15(b) of Notice No. 1590, GG 40515, dated 23 December 2016] |
| (4) | If the head of a health establishment, after receiving a report contemplated in section 41(3) of the Act, has reason to believe that the State patient has not fully complied with the terms and conditions applicable to the discharge or that the mental health status of the State patient has deteriorated, that head must use Form MHCA 34 of the Annexure for the purpose of section 48(5) of the Act. |
| (5) | A state patient who has been discharged conditionally must for the purpose of section 48(6) of the Act, make an application in the form of Form MHCA 35 of the Annexure. |