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[Cites 0, Cited by 0] [Section 45] [Entire Act]

Union of India - Subsection

Section 45(1) in The Mental Health Act, 1987

(1)An application for leave of absence on behalf of any mentally ill person (not being a mentally ill prisoner) undergoing treatment as an inpatient in any psychiatric hospital or psychiatric nursing home may be made to the medical officer in charge,
(a)in the case of a person who was admitted on the application of the husband or wife, by the husband or wife of such mentally ill person, or where by reason of mental or physical illness, absence from India or otherwise, the husband or wife is not in a position to make such application, by any other relative of the mentally ill person duly authorised by the husband or wife, or
(b)in the case of any other person, by the person on whose application the mentally ill person was admitted:
Provided that no application under this sub-section shall be made by a person who has not attained the age of majority.