JUDGMENT

ORDER :- 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:-

"Agra Mental Asylum shall be an autonomous institution and its management shall be vested in a Management Committee consisting of the following members :

(i) Divisional Commissioner, Agra - Chairman

(ii) District Magistrate, Agra - Member

(iii) Senior Superintendent of Police, Agra - Member

(iv) Health Secretary, Govt. of U.P. or his representative - Member

(v) Two non-officials, at least one of them shall be a woman nominated by the Government of U.P. - Members

(vi) Principal, King George Medical College, Lucknow - Member

(vii) Director of AMA - Member-Secretary.

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 30th September, 1994. Till the Rules are so promulgated and brought into force, draft Rules at Annexure-I shall be operative as part of this order.

3. 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.

4. 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.

5. 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 :

(i) Divisional Commissioner, Agra - Chairman

(ii) District Magistrate, Agra - Me