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The Mental Health Act, 2017

THE MENTAL HEALTHCARE ACT, 2017

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS

3. Determination of mental illness.

4. Capacity to make mental healthcare and treatment decisions.

CHAPTER III

ADVANCE DIRECTIVE

5. Advance directive.

6. Manner of making advance directive.

7. Maintenance of online register.

8. Revocation, amendment or cancellation of advance directive.

9. Advance directive not to apply to emergency treatment.

10. Duty to follow advance directive.

11. Power to review, alter, modify or cancel advance directive.

12. Review of advance directives.

13. Liability of medical health professional in relation to advance directive.

CHAPTER IV

NOMINATED REPRESENTATIVE

14. Appointment and revocation of nominated representative.

15. Nominated representative of minor.

16. Revocation, alteration, etc., of nominated representative by Board.

17. Duties of nominated representative.

CHAPTER V

RIGHTS OF PERSONS WITH MENTAL ILLNESS

18. Right to access mental healthcare.

19. Right to community living.

20. Right to protection from cruel, inhuman and degrading treatment.

21. Right to equality and non-discrimination.

22. Right to information.

23. Right to confidentiality.

24. Restriction on release of information in respect of mental illness.

25. Right to access medical records.

26. Right to personal contacts and communication.

27. Right to legal aid.

28. Right to make complaints about deficiencies in provision of services.

CHAPTER VI

DUTIES OF APPROPRIATE GOVERNMENT

29. Promotion of mental health and preventive programmes.

 

30. Creating awareness about mental health and illness and reducing stigma associated with mental illness.

31. Appropriate Government to take measures as regard to human resource development and training, etc.

32. Co-ordination within appropriate Government.

CHAPTER VII

CENTRAL MENTAL HEALTH AUTHORITY

33. Establishment of Central Authority.

34. Composition of Central Authority.

35. Term of office, salaries and allowances of chairperson and members.

36. Resignation.

37. Filling of vacancies.

38. Vacancies, etc., not to invalidate proceedings of Central Authority.

39. Member not to participate in meetings in certain cases.

40. Officers and other employees of Central Authority.

41. Functions of chief executive officer of Central Authority.

42. Transfer of assets, liabilities of Central Authority.

43. Functions of Central Authority.

44. Meetings of Central Authority.

CHAPTER VIII

STATE MENTAL HEALTH AUTHORITY

45. Establishment of State Authority.

46. Composition of State Authority.

47. Term of office, salaries and allowances of chairperson and other members.

48. Resignation.

49. Filling of vacancies.

50. Vacancies, etc., not to invalidate proceedings of State Authority.

51. Member not to participate in meetings in certain cases.

52. Officers and other employees of State Authority.

53. Functions of chief executive officer of State Authority.

54. Transfer of assets, liabilities of State Authority.

55. Functions of State Authority.

56. Meetings of State Authority.

CHAPTER IX

FINANCE, ACCOUNTS AND AUDIT

57. Grants by Central Government to Central Authority.

58. Central Mental Health Authority Fund.

59. Accounts and audit of Central Authority.

60. Annual report of Central Authority.

61. Grants by State Government.

62. State Mental Health Authority Fund.

63. Accounts and audit of State Authority.

64. Annual report of State Authority.

CHAPTER X

MENTAL HEALTH ESTABLISHMENTS

65. Registration of mental health establishment.

66. Procedure for registration, inspection and inquiry of mental health establishments.

67. Audit of mental health establishment.

68. Inspection and inquiry.

 

69. Appeal to High Court against order of Authority.

70. Certificates, fees and register of mental health establishments.

71. Maintenance of register of mental health establishment in digital format.

72. Duty of mental health establishment to display information.

CHAPTER XI

MENTAL HEALTH REVIEW BOARDS

73. Constitution of Mental Health Review Boards.

74. Composition of Board.

75. Terms and conditions of service of chairperson and members of Board.

76. Decisions of Authority and Board.

77. Applications to Board.

78. Proceedings before Board to be judicial proceedings.

79. Meetings.

80. Proceedings before Board.

81. Central Authority to appoint Expert Committee to prepare guidance document.

82. Powers and functions of Board.

83. Appeal to High Court against order of Authority or Board.

84. Grants by Central Government.

CHAPTER XII

ADMISSION, TREATMENT AND DISCHARGE

85. Admission of person with mental illness as independent patient in mental health establishment.

86. Independent admission and treatment.

87. Admission of minor.

88. Discharge of independent patients.

89. Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission).

90. Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days).

91. Leave of absence.

92. Absence without leave or discharge.

93. Transfer of persons with mental illness from one mental health establishment to another mental health establishment.

94. Emergency treatment.

95. Prohibited procedures.

96. Restriction on psychosurgery for persons with mental illness.

97. Restraints and seclusion.

98. Discharge planning.

99. Research.

CHAPTER XIII

RESPONSIBILITIES OF OTHER AGENCIES

100. Duties of police officers in respect of persons with mental illness.

101. Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected.

102. Conveying or admitting person with mental illness to mental health establishment by Magistrate.

103. Prisoners with mental illness.

104. Persons in custodial institutions.

105. Question of mental illness in judicial process.

CHAPTER XIV

RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION

106. Restriction to discharge functions by professionals not covered by profession.

 

OFFENCES AND PENALTIES

107. Penalties for establishing or maintaining mental health establishment in contravention of provisions of this Act.

108. Punishment for contravention of provisions of the Act or rules or regulations made thereunder.

109. Offences by companies.

CHAPTER XVI

MISCELLANEOUS

110. Power to call for information.

111. Power of Central Government to issue directions

112. Power of Central Government to supersede Central Authority.

113. Power of State Government to supersede State Authority.

114. Special provisions for States in north-east and hill States.

115. Presumption of severe stress in case of attempt to commit suicide.

116. Bar of jurisdiction.

117. Transitory provisions.

118. Chairperson, members and staff of Authority and Board to be public servants.

119. Protection of action taken in good faith.

120. Act to have overriding effect.

121. Power of Central Government and State Governments to make rules.

122. Power of Central Authority to make regulations.

123. Power of State Authority to make regulations.

124. Laying of rules and regulations.

125. Power to remove difficulties.

126. Repeal and saving.

 

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