CHAPTER 98
MENTAL DISEASES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
CUSTODY OF PERSONS OF UNSOUND MIND

   3.   Jurisdiction.

   4.   Appeals.

   5.   Application for reception order.

   6.   Officers in charge of police to report cases of persons of unsound mind not under proper care and control.

   7.   Power to take under control certain persons of unsound mind.

   8.   Procedure upon inquiry by court into unsoundness of mind.

   9.   Detention of persons pending inquiry into state of mind.

   10.   Powers of certain magistrates and justices of the peace.

   11.   Disposal of movable property.

   12.   Reception orders.

   13.   Orders under other law for confinement of criminal lunatics.

   14.   Medical certificates.

   15.   Removal from one mental hospital to another.

   16.   Power of the Minister to authorise certain persons to give medical certificates.

PART III
ADMISSION OF VOLUNTARY AND TEMPORARY PATIENT TO MENTAL HOSPITAL

   17.   Power to receive voluntary patients.

   18.   Notification of reception, death or departure of voluntary patient.

   19.   Voluntary patient not to be detained for more that forty days after becoming incapable of expression.

   20.   Provision for temporary treatment without certificate of certain persons.

   21.   Minister's powers of discharge.

PART IV
MANAGEMENT AND ADMINISTRATION OF THE ESTATES OF CRIMINAL LUNATICS AND PERSONS OF UNSOUND MIND

   22.   Jurisdiction.

   23.   Persons in respect of whose estates orders may be made under this Part.

   24.   Application for order for administration.

   25.   Notice of application.

   26.   Attendance of person to whom proceedings relate.

   27.   Evidence.

   28.   Order for administration of estate.

   29.   Orders for disposal of property.

   30.   Appointment of manager.

   31.   Manager's powers and duties.

   32.   Discretion of the court to make orders relating to estate.

PART V
GENERAL PROVISIONS

   33.   Establishment of mental hospitals.

   34.   Visitors.

   35.   Discharge.

   36.   Order of discharge on undertaking of relative for due care.

   37.   Order to justify detention and recapture after escape.

   38.   Proceedings may be held in private.

   39.   Removal of persons lawfully detained.

   40.   President's order sufficient authority to remove.

   41.   Admission into Tanzania of person found to be of unsound mind.

   42.   Rules.

   43.   Forms.

   44.   Certain provisions of Criminal Procedure Act to apply.

   45.   Protection of persons acting in good faith and with reasonable care.

   46.   [Disapplication.]

SCHEDULE

CHAPTER 98
THE MENTAL DISEASES ACT

An Act to provide for the custody of criminal lunatics and persons of unsound mind and for the management and administration of the estates of persons incapable of managing their affairs.

[29th October, 1937]

Ords. Nos.
13 of 1937
34 of 1941
7 of 1946
27 of 1948
62 of 1952
Acts Nos.
67 of 1962
55 of 1963

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Mental Diseases Act.

2.   Interpretation Ords. Nos. 34 of 1941 Sch.; 62 of 1952 s. 2">

   In this Act, unless the context requires otherwise–

   "court" means the court having jurisdiction in lunacy in the case;

   "criminal lunatic" means–

   (a)   any person confined or detained, or ordered to be confined or detained, under any provision of the Criminal Procedure Act * at any time in force relating to procedure in the case of insanity or unsoundness of mind of accused persons; and

   (b)   any prisoner removed to a place for the custody and treatment of lunatics under section 78, or confined in a mental hospital or other place of custody under the Prisons Act *;

   "medical officer" means a Government medical officer, and includes any registered medical practitioner duly authorised in pursuance of the provisions of section 16;

   "mental hospital" means any mental hospital for the custody and treatment of lunatic and persons of unsound mind which is established by the Minister in pursuance of section 33;

   "Minister" means the minister for the time being responsible for health affairs;

   "reception order" means an order or authority made or given before or after the commencement of this Act under any of the provisions of Part II for the reception of any person in a mental hospital or similar institution for the care or treatment of persons suffering from mental illness;

   "registered medical practitioner" and "licensed medical practitioner" mean respectively a person registered or licensed as a medical practitioner, as the case may be, under the Medical Practitioners and Dentists Act *;

   "temporary patient" means a person received into a mental hospital under section 19 of this Act as a temporary patient for the purpose of treatment;

   "visitors" means the visitors appointed for a mental hospital under section 34 of this Act;

   "voluntary patient" means a person received into a mental hospital under section 16 of this Act as a voluntary patient for the purpose of treatment.

PART II
CUSTODY OF PERSONS OF UNSOUND MIND (ss 3-16)

3.   Jurisdiction Ord. No. 34 of 1941 s. 2">

   The court having jurisdiction in lunacy under this Part shall be a district court:

   Provided that the High Court may at any time before the determination of the proceedings upon application or otherwise direct any proceedings instituted in a district court under the provisions of this Part to be transferred to itself or to any other district court for hearing and determination.

4.   Appeals

   (1) An appeal shall lie from any order of the court made under the provisions of this part to the High Court in accordance with the procedure for the time being in force relating to appeals in civil suits.

   (2) The court shall, upon making an order under this Part, inform any person who is present in court and who may be aggrieved by the order of his right to appeal under this section.

5.   Application for reception order Ord. No. 34 of 1941 Sch.">

   (1) An application for the reception of a person of unsound mind into a mental hospital may be made to the court by a petition in the prescribed form supported by an affidavit.

   (2) Every petition shall give full particulars of the person in respect of whom the application is made and shall state the reasons why it is presented and the connection of the petitioner with that person.

   (3) Every petition shall be signed by the person making it.

   (4) Upon receiving a petition for a reception order the court may cause the person to whom it relates to be brought before it.

6.   Officers in charge of police to report cases of persons of unsound mind not under proper care and control

   Every officer in charge of a police station who has reason to believe that any person within the district controlled from his station is of unsound mind, and is not under proper care and control or is cruelly treated or neglected by anyone having charge of him, shall immediately report the fact to the court and the court may cause that person to be brought before it.

7.   Power to take under control certain persons of unsound mind Ord. No. 34 of 1941 s. 3">

   (1) Every officer in charge of a police station and every local government authority declared as such under the provisions of the Local Government (District Authorities) Act * or the Local Government (Urban Authorities) Act * may take under control, or cause to be so taken, any person–

   (a)   whom that officer or authority has reason to believe to be of unsound mind; and

   (b)   whom that officer or authority has reason to believe to be dangerous by reason of unsoundness of mind, or who is found wandering at large within the area policed from that station or to which his authority extends, as the case may be.

   (2) Where a person is taken under control in the first instance by or under the directions of a local government authority that authority shall, without delay, deliver him or cause him to be delivered into the control of the officer in charge of the nearest police station; and every officer under whose control a person to whom this section relates shall immediately take him before the court.

8.   Procedure upon inquiry by court into unsoundness of mind Ord. No. 34 of 1941 s. 4 and Sch.">

   (1) Whenever any person is brought before the court under the provisions of sections 5, 6, or 7 the court shall examine that person, and if it thinks that there are grounds for proceeding further, shall cause him to be examined by a medical officer, and shall make any other inquiries which it thinks fit; and if the medical officer who has examined that person gives a medical certificate in the prescribed form with regard to that person and the court is satisfied that that person is of unsound mind and a proper person to be detained, it shall record a finding to that effect and may make a reception order in the prescribed form for his admission into a mental hospital:

   Provided that if any friend or relative of that person enters into a bond with or without sureties for the sum of money determined by the court the court may determine conditioned that he shall be properly taken care of , and shall be prevented from doing injury to himself or to others, the court, instead of making a reception order, may if it thinks fit, make him over to the care of that friend or relative.

   (2) If the court is not satisfied that a person is of unsound mind and is a proper person to be detained it shall record its reasons and shall discharge him.

   (3) When making a reception order the court shall, in so far as it is practicable, ascertain the particulars respecting the person to whom the reception order relates which are mentioned in Form 1 of the Schedule to this Act and shall sign a statement which shall be transmitted, together with the reception order, to the officer in charge of the mental hospital named in the order.

9.   Detention of persons pending inquiry into state of mind Ords. Nos. 34 of 1941 s. 5; 27 of 1948 s. 2">

   (1) When a petition for a reception order is received or when any person alleged to be of unsound mind is brought before a court under the provisions of this Part the court may by an order in writing, authorise his detention in suitable custody for such time not exceeding fifteen days as may be necessary to enable the medical officer to determine whether that person is of unsound mind and is a person in respect of whom a medical certificate may be properly given.

   (2) The court may, from time to time, for the same purpose, by an order in writing, authorise any further detention of a person for periods not exceeding fifteen days at a time which it thinks necessary:

   Provided that no person shall be detained in accordance with the provisions of this section for a total period exceeding sixty days from the date on which he was first brought before the court.

   (3) The expression "suitable custody" shall for the purposes of subsection (1) of this section include a mental hospital whether situated at a place within or without the territorial jurisdiction of the court and the expression "court" shall for the purposes of subsection (2) of this section include a court having territorial jurisdiction over the area within which the mental hospital is situated.

10.   Powers of certain magistrates and justices of the peace Ord. No. 27 of 1948 s. 2; Acts Nos. 67 of 1962 s. 2; 55 of 1963 5th Sch. Part IV">

   (1) Where an officer in charge of a police station is required by section 6 to make a report, or by section 7 to take a person to the court and there is no magistrate available who has jurisdiction to hold a court having jurisdiction in lunacy under this Part, that officer shall make the report or take that person, as the case may be, to some other magistrate or to the justice of the peace assigned to a district court house, and that other magistrate or justice of the peace–

   (a)   may, where a report is made under the provisions of section 6 and this section, by order in writing, cause the person in respect of whom the report is made to be brought before him; and

   (b)   shall, where any person is taken or brought before him, examine that person and, if it appears to him that there are grounds for proceeding further under this Part, may make an order in writing authorising that person's detention in suitable custody for such time, not exceeding fifteen days, as may be necessary to enable the medical officer to determine whether that person is of unsound mind and is a person in respect of whom a medical certificate may be properly given,

and where he authorises that person's detention the magistrate or justice of the peace assigned to a district court house shall report the matter as soon as may be to the court.

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