[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
G.Ns. Nos.
366 of 1958
406 of 1958
1. These Rules may be cited as the Mental Disease (Isanga Institution) Rules.
2. In these Rules, unless the context requires otherwise–
"Advisory Board" means the Advisory Board on Special Category mental patients;
"Isanga Institution" means the mental hospital which is established by the Minister in pursuance of section 33 of the Mental Disease Act and which is primarily used for the custody and treatment of criminal lunatics;
"Medical Officer" means a medical practitioner registered or licensed under section 6 or section 10 of the Medical Practitioners and Dentists Act * , who is in the service of the Government;
"Medical Superintendent" means the officer appointed as such for the Isanga Institution by the Director of Medical Services;
"prohibited article" means any article which, by order of the Director of Medical Services or Medical Superintendent may not be brought into the Isanga Institution;
"Special Category mental patient" means–
(a) a person who has become of unsound mind while on remand or a prisoner; and
(b) a person who upon his trial has been found guilty of the act or omission charged but insane when he did the act or made the omission.
3. (1) No person shall be admitted into the Isanga Institution unless accompanied by a properly authenticated warrant or reception order or order by the Minister referring to that person.
{mprestriction ids="1,2,3"}
(2) For purposes of identification the Medical Superintendent may cause to be taken the fingerprints of any patient.
(3) Every patient, male or female, shall be searched on admission, and at such times subsequently as the Medical Superintendent may direct, by a member of the staff at the Isanga Institution of his or her own sex but not in the presence of any other patient, and all prohibited articles shall be taken from the patient.
(4) On admission every patient shall be clothed in a manner approved by the Director of Medical Services.
4. Subject to the control of the Director of Medical Services, the Medical Superintendent shall be responsible for the general care of the health and treatment of patients.
5. On the death of any patient the Medical Superintendent shall cause immediate notice of the death to be given to the Director of Medical Services, the police and the nearest magistrate empowered to hold inquests.
6. Any patient may be required to perform any occupational therapy within or without the precincts of the Isanga Institution which the Medical Superintendent may direct.
7. (1) Patients shall be allowed to receive visitors at times laid down by the Director of Medical Services and at any other times which may be approved by the Medical Superintendent. Visitors to any particular patient may be denied admission if this is considered by the Medical Superintendent to be necessary in the interests of such patient's health.
(2) The Medical Superintendent shall enter or cause to be entered the name and address of every visitor to a patient in a book provided for that purpose. The Medical Superintendent may search or cause to be searched any such visitor, but the search shall not be made in the presence of any patient or of any other visitor. Should the visitor refuse to permit himself or herself to be searched the visitor may be denied admission.
(3) The fact that a visitor has been denied admission and the grounds therefor shall be recorded in the said book.
8. The Medical Superintendent may admit ministers of religion, at proper and reasonable times to visit patients who may be desirous of their services, and to hold religious services at the hours and in the places which the Medical Superintendent may permit.
9. (1) The persons appointed under subsection (1) of section 34 of the Mental Diseases Act shall constitute a Board of visitors which shall meet at the Isanga Institution once in every six months before the meeting of the Advisory Board on Special Category mental patients established under these Rules. At any meeting of the Board the Senior Government Officer present shall act as Chairman.
(2) Every patient in the Institution shall be brought before the Board of Visitors and the Board shall make a report on each case to the Minister. When patients are being interviewed the Medical Superintendent shall be present, together with any other members of the staff of the Institution when the Medical Superintendent may consider appropriate or whose presence is requested by the Chairman of the Board. It shall be the duty of the Board to bring to the notice of the Minister any cases which, in its opinion, ought to be considered by the Advisory Board on Special Category mental patients:
Provided that, in the event of a patient being so deranged mentally and of so violent a character that it would be of danger to the patient, members of the Board of Visitors or the staff of the Institution for the patient to be brought before the Board, the facts of that a case shall be reported to the Board of Visitors by the Medical Superintendent. The Board shall then report to the Minister the reason why the patient was not brought before it.
10. (1) There shall be an Advisory Board on Special Category mental patients which shall be composed of the following persons:
The Permanent Secretary, Ministry of Health, who shall be the Chairman.
A representative nominated by the Attorney-General.
Two persons nominated by the Minister.
A secretary nominated by the Minister.
(2) The following persons shall attend meetings of the Advisory Board but shall not be members of the Board–
A representative of the Director of Medical Services.
The Medical Superintendent of the Isanga Institution.
Such other person or persons on the staff of the Isanga Institution as the Medical Superintendent may wish to be present or as may be directed to be present by the Chairman of the Board.
(3) The functions of the Advisory Board shall be to consider individual cases and make recommendations to the Minister regarding Special Category mental patients.
(4) The Advisory Board will meet at the Isanga Institution in January and July of each year, as near as may be, and at other times as may be necessary and shall have brought before it patients whose cases the Board of Visitors has recommended for consideration or patients whose cases the Advisory Board wishes to review:
Provided that the Medical Superintendent may order a patient to be brought before the Advisory Board whether or not the Board of Visitors has recommended his appearance before the Advisory Board.
11. (1) The Medical Superintendent shall be responsible for the due discharge of all patients immediately upon their becoming entitled to release:
Provided that–
(i) where it is in the interest of a patient to be escorted to his home by a friend or relative the patient shall not be released until the escort becomes available;
(ii) the Medical Superintendent is satisfied that the discharge may be effected without danger to the health of the patient.
(2) A patient discharged from the Isanga Institution (other than a patient who resides or will reside in the Dodoma District), shall be returned at Government expense to the district in which he will reside or shall be supplied with a sum of money sufficient to enable him to return to that district.
(3) Where any patient on discharge is found to be without means of subsistence, the Medical Superintendent may in his discretion pay him a gratuity not exceeding ten shillings, or any other sum as the Director of Medical Services may in writing approve.
12. The Director of Medical Services may, with the approval of the Minister, issue any standing orders for the good government of the Isanga Institution which may be considered necessary and consistent with these Rules.
He may further, with approval of the Minister, if he considers it necessary for the safe confinement and care of patients, issue standing orders for the discipline and control of the staff of the Isanga Institution.
13. [Revokes the Mental Diseases (Broadmoor Institution) Rules *.] {/mprestriction}