5. Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes
(1)The Central Government may, in any part of India, or the State Government may, within the limits of its jurisdiction, establish or maintain psychiatric hospitals or psychiatric nursing homes for the admission, treatment and care of mentally ill persons at such places as it thinks fit; and separate psychiatric hospitals and psychiatric nursing homes may be established or maintained for,(a)those who are under the age of sixteen years;(b)those who are addicted to alcohol or other drugs which lead to behavioural changes in a person;(c)those who have been convicted of any offence; and(d)those belonging to such other class or category of persons as may be prescribed.(2)Where a psychiatric hospital or psychiatric nursing home is established or maintained by the Central Government, any reference in this Act to the State Government shall, in relation to such hospital or nursing home, be construed as a reference to the Central Government.
