M.N.VENKATACHALIAH - (1.) THESE proceedings relate to the state of affairs in the Agra Manasik Arogyashala. A similar situation arose in the matter of administration of the Ranchi Manasik Arogyashala. In Writ Petition (C) No. 339 of 1986 (Rakesh Chandra Narayan v. The State of Bihar) this Court had directed Sri M.S. Dayal, Union Health Secretary, to examine the matter and to submit a report as to the desirable appropriate administrative set-up for the administration of the Ranchi Manasik Arogyashala. Sri M.S. Dayal had submitted a report in that behalf. This Court, after exa-mining the report, had accepted its terms and directed a set-up for the administration of the Ranchi Manasik Arogyashala as an autonomous body as contemplated by the 'Dayal Report'.
(2.) IN respect of Agra Manasik Arogyashala we direct that a similar autonomous body of Management shall be constituted by the State Government on the lines indicated below:- JUDGEMENT_601_SUPP3_1994Html1.htm Such a Committee should be constituted by the State Government on or before 1-10-1994. The rules appended as Annexure-I hereto which is on the lines of Annexure-I to the 'Dayal Report', dated 11-7-1994 in respect of Ranchi Manasik Arogyashala shall govern the functioning of the Agra manasik Arogyashala. The State of Uttar Pradesh shall promulgate these Rules in terms of Annexure-I to this order on or before the 30/09/1994. Till the Rules are so promulgated and brought into force, draft Rules at Annexure-I shall be operative as part of this order. The Secretary, Health Department, State of U.P. shall be the ex-officio Director of Agra Manasik Arogyashala until the appointment of a regular Director. Such appointment shall take place on or before 30-11-1994, The appointment of the Director shall be made in consultation with and with the advice of Sri M.S. Dayal, Union Health Secretary. We request the Union Health Secretary to be the advisor and visitor of the Agra Manasik Arogyashala under the new dispensation for a period of one year and submit his report as to its functioning and the requisite changes that may be necessary from time to time.
(3.) A copy of the order be sent to the Central Government, the Union Health Secretary, and Secretary, Health Department, State of Uttar Pradesh and other concerned Members-designate of the new Managing Committee. Ordered accordingly.Agra Manasik Arogyashala Rules 1. These rules shall be called the Agra Manasik Arogyashala Rules, 1994. Objectives : 2. The objectives of the Agra Manasik Arogyashala (hereinafter referred to as AMA) 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 : 3. In the rules : (a) "Committee" means the Management Committee constituted under Rule 4. (b) "Director" means the Director appointed under rule 5. (c) "Gazette" means the U.P. Government Gazette. Management Committee : 4.(1) AMA shall be an autonomous institution and its management shall be vested in a Management Committee consisting of the following members : JUDGEMENT_601_SUPP3_1994Html2.htm (2) The Management Committee shall have full administrative and financial powers in respect of all the affairs of AMA and may delegate any of its powers to the Chairman, the Sub-Committee, the Director and other Officers. (3) The nominated members of the Committee shall have a term of three years and shall be eligible for renomination and shall continue until successors are nominated. (4) The Management Committee shall meet at least once in three months and more often if necessary. (5) Two weeks notice along with 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 notices 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 meetings, 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 Uttar 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. (c) Medical Sub-Committee. (d) Rehabilitation Sub-Committee. (e) Welfare Sub-Committee (f) Selection Sub-Committees for 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 Sub-Committee shall not exceed five. (13) Quorum for the meetings of the Committee and any Sub-Committee shall be four and two respectively. Director : 5.(1) The Director shall be the Chief Executive Officer of the AMA and shall be appointed by the Health Secretary, Government of Bihar.(Sic) (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 and 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, Govt. of U.P. (5) The Director shall place the annual report and audited accounts of the AMA before the Management Committee and, after approval by the Management Committee, shall forward these to the Health Secretary, Govt. of U.P. before the end of December, following the financial year for which the report and audited accounts are being submitted, for being placed before the Legislative Assembly of U.P. (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 to achieve the objectives of AMA. Admissions : Admissions of patients to the hospital shall be done strictly in accordance with the provisions of the Mental Health Act, 1987, and the rules made thereunder. Visitors : ;