Gwalior Manasik Arogyashala Rules, 1994

Published vide Notification No. F.6-11-17-MS-4-94, dated 25-10-1994, published in the M.P. Rajpatra (Asadharan)

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In pursuance of the directions of the Supreme Court contained in its order dated the 10th May, 1994 passed in writ petition No. 901/93 and writ petition (c) No. 80/94, the State Government have decided that the Mental Hospital, Gwalior shall be renamed as 'Gwalior Manasik Arogyashala' and it shall be an autonomous institution in terms of the directions of the Supreme Court.

Management of the Gwalior Manasik Arogyashala shall vest in a Management Committee consisting of the following members :-

(i)	Divisional Commissioner, Gwalior	Chairman
(ii)	Collector, Gwalior	Member
(iii)	Superintendent of Police, Gwalior	Member
(iv)	Secretary to Government of M.P. Public Health and F.W. Department, or his representative	Member
(v) & (vi)	Two non-officials, atleast one of them shall be a woman nominated by the Government of M.P.	Members
(vii)	Dean, Medical College, Gwalior	Member
(viii)	Director of Gwalior Manasik Arogyashala	Member-Secretary

The State Government hereby notifies the following rules for the Management and Administration of the Gwalior Manasik Arogyashala namely :-
These rules shall be called Gwalior Manasik Arogyashala Rules, 1994.
Objectives.- The objectives of the Gwalior Manasik Arogyashala (hereinafter referred to as GMA) are :-

(a) Diagnostic and Therapeutic facilities for mental patients;

(b) Social and occupational rehabilitation of mental patients;

(c) Professional and para-professional training in the field of Psychiatry, Clinical Psychology, Psychiatric Social Work and Psychiatric Nursing;

(d) Expansion of mental health services at community level by providing training to medical and para-medical personnel in the field; and

(e) Research in behavioural sciences.

Definitions.- In these rules,-

(a) 'Committee' means the Management Committee constituted under Rule 4;

(b) 'Director' means the Director appointed under Rule 5;

Management Committee.- (1) GMA shall be an autonomous institution and its management shall be vested in a Management Committee consisting of the following members :-

(i)	Divisional Commissioner, Gwalior	Chairman
(ii)	Collector, Gwalior	Member
(iii)	Superintendent of Police, Gwalior	Member
(iv)	Secretary to Government of M.P. Public Health and Family Welfare Department, or his representative	Member
(v) & (vi)	Two non-officials, atleast one of them shall be a woman nominated by the Government of M.P.	Members
(vii)	Dean, G.R. Medical College, Gwalior	Member
(viii)	Director of Gwalior Manasik Arogyashala	Member-Secretary

(2) The Management Committee shall have full administrative and financial powers in respect of all the affairs of GMA and may delegate any of its powers to the Chairman; the Sub-Committees, the Director and other officers.

(3) The nominated members of the Committee shall have a term of three years and shall be eligible for re-nomination and shall continue until successors are nominated.

(4) The Management Committee shall meet atleast once in three months and more often if necessary.

(5) Two weeks' notice alongwith a list of items to be discussed shall be given to the members for every meeting.

(6) An emergency meeting of the Committee may be convened under the orders of its Chairman by giving 72 hours' notice to the members, for considering specified item(s).

(7) The Director shall maintain the record of the proceedings of the Committee in a register authenticated by him. The proceedings of the meeting, duly approved at the subsequent meeting of the Committee, shall be signed by the Chairman or the person presiding over the meeting.

(8) In the absence of the Chairman at any meeting, the members may elect anyone from amongst themselves to preside over the meeting.

(9) A copy of the proceedings of every meeting shall be endorsed to the Health Secretary and Director of Health of the State of Madhya Pradesh.

(10) The Committee may constitute the following sub-committees and prescribe their functions and rules of procedure by framing bye-laws :-

(a) Finance and Accounts Sub-Committee.

(b) Purchase Sub-Committee.

(d) Rehabilitation Sub-Committee.

(e) Welfare Sub-Committee.

(f) Selection Sub-Committee for different groups/categories of (posts.)

(g) Works Sub-Committee.

(11) The Committee may set up ad hoc sub-committees for specific purposes with specific terms of reference and tenure.

(12) Every Sub-Committee shall have a Chairman, who would invariably be a member of the Committee. The total number of members of any subcommittee shall not exceed five.

(13) Quorum for the meetings of the Committee and any Sub-Committee shall be four and two respectively.

Director.- (1) The Director shall be the Chief Executive Officer of the GMA and shall be appointed by the Health Secretary, Government of Madhya Pradesh.

(2) The Director shall be the Head of Department and shall exercise the administrative and financial powers of a State level head of Department.

(3) The Director shall exercise such additional administrative financial powers as may be delegated to him by the Management Committee.

(4) The Director shall be accountable to the Management Committee and the Health Secretary, Government of Madhya Pradesh.

(5) The Director shall place the annual report and audited accounts of the GMA before the Management Committee and, after approval by the Management Committee, shall forward these to the Health Secretary, Government of Madhya Pradesh before the end of December, following the financial year for which report and audited accounts are being submitted, for being placed before the Legislative Assembly of Madhya Pradesh.

(6) The Director shall have the powers, in the discharge of his functions to obtain part-time expert services of professionals for advice or action in carrying out various activities the objectives of GMA.

Admissions.- Admissions of patients to the hospital shall be done strictly in accordance with the provisions of the Mental Health Act, 1987 and the rule made thereunder.
Visitors.- In addition to the members of the Board of Visitors that may be appointed by the State Government of Madhya Pradesh under the provisions of any law all the members of the committee shall be permanent visitors to GMA. In addition, the following shall be ex officiopermanent visitors to the GMA,-

(i) Directors, National Institute of Mental Health and Neuro-Sciences, Bangalore.

(ii) Director, Central Institute of Psychiatry, Ranchi.

(iii) Director, Institute of Human Behaviour and Allied Sciences Shahdara, Delhi.

(iv) Professor of Psychitary, All India Institute of Medical Science New Delhi.

Specialist consultation.- The indoor patient may be sent for expert medical consultation to Gwalior Medical College and Hospital with an escort, the Director may invite any specialists on payment of reasonable fees, as decided by the Committee from time to time, for examination and treatment of any indoor patient.
Fees.- (1) Outdoor treatment shall be free provided that the Committee may prescribe a nominal fee for the registration of a patient and reasonable fees for investigation.

(2) For indoor treatment, a consolidated charge on the basis of per person per day will be levied from the Government of the State to which the patient belongs. This fee shall be such as may be prescribed by the committee from time to time provided that it shall not be less than Rs. 200/- per person per day A development fee equivalent to 25% of the amount chargeable for indoor treatment shall also be recovered in respect of every indoor patient from the concerned State explanatory note shall be placed before the Committee for ratification at its subsequent meeting.

(3) The Committee may declare any categories of indoor patients as paying patients and prescribed the payable by such patients.

(4) The bill in respect of indoor patients shall be sent by the Director to the Health Secretary of the concerned State Government on a quarterly basis, within one month after the end of the quarter, enclosing a list of the patients, their address, duration of their stay as indoor patients during the quarter covered by the bill and stating the amount, including 25% development fee payable by the State Government to the GMA by a Bank draft. The amount received under sub-rule (3) shall be deducted from the total amount of the bill. Interest @ 15% will be payable by the State Government for delay beyond 30 days from the date of receipt of the bill.

(5) Fees for patient in short stay ward will be the same as indoor patients and shall be recoverable in the same manner from the State Government.

Emergency powers.- It shall be competent for the Chairman to exercise any powers of the Committee, if in the opinion of the Chairman, any delay in taking a decision is detrimental to the fulfilment of the objectives of the GMA or adversely affects its day-to-day administration, provided that any such decision alongwith and explanatory note shall be placed before the Committee for ratification at its subsequent meeting.
Repeal.- All the earlier rules governing the management of the GMA are hereby repealed.
Bye-laws.- The Committee shall make bye-laws containing detailed instructions regarding the composition, functions and rules of procedure of the various sub-committees and any other matters connected with the management of the GMA. The bye-laws may also provide for delegation of some administrative and financial powers to sub-committees, Director and officers subordinate to the Director.
Funds and accounts.- (1) The funds of the GMA shall include the balance existing on the date of enforcement of these rules, amounts that may be received from the State Government towards payment of outstanding arrears as well as fees for indoor patients and patients in short stay ward in accordance with these rules and bye-laws made thereunder, donations, fees recovered receipts of arrears from the State Governments, sale proceeds from the assets and GMA, etc.

(2) The accounts shall be maintained and operated in bank as may be decided by the Committee or its Finance and Accounts Sub-Committee from time to time.

(3) The surplus funds shall be utilized under the orders of the Finance and Accounts Sub-Committee or the Director, according to the powers, limitations and terms and conditions that may be prescribed by the Committee under the bye-laws or by specific resolution.

Amendments.- Any Amendment to these rules may only be made by a resolution passed by not less than six members of the Committee provided that such a resolution is approved by the State Government of Madhya Pradesh.
Notification in Gazette.- These rules, and amendments thereto, should be notified in the Gazette.