The Mental Healthcare Act, 2017

Mental Healthcare Actcentral

An Act To Provide For Mental Healthcare And Services For Persons With Mental Illness And To Protect, Promote And Fulfil The Rights Of Such Persons During Delivery Of Mental Healthcare And Services And For Matters Connected Therewith Or Incidental Thereto.

Act Number

10

Enactment

2017-04-07

Ministry

Ministry Of Health And Family Welfare

Downloads

हिंदी

PRELIMINARY

Section 1Short title, extent and commencement.Section 2Definitions.

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS

Section 3Determination of mental illness.Section 4Capacity to make mental healthcare and treatment decisions.

ADVANCE DIRECTIVE

Section 5Advance directive.Section 6Manner of making advance directive.Section 7Maintenance of online register.Section 8Revocation, amendment or cancellation of advance directive.Section 9Advance directive not to apply to emergency treatment.Section 10Duty to follow advance directive.Section 11Power to review, alter, modify or cancel advance directive.Section 12Review of advance directives.Section 13Liability of medical health professional in relation to advance directive.

NOMINATED REPRESENTATIVE

Section 14Appointment and revocation of nominated representative.Section 15Nominated representative of minor.Section 16Revocation, alteration, etc., of nominated representative by Board.Section 17Duties of nominated representative.

RIGHTS OF PERSONS WITH MENTAL ILLNESS

Section 18Right to access mental healthcare.Section 19Right to community living.Section 20Right to protection from cruel, inhuman and degrading treatment.Section 21Right to equality and non-discrimination.Section 22Right to information.Section 23Right to confidentiality.Section 24Restriction on release of information in respect of mental illness.Section 25Right to access medical records.Section 26Right to personal contacts and communication.Section 27Right to legal aid.Section 28Right to make complaints about deficiencies in provision of services.

DUTIES OF APPROPRIATE GOVERNMENT

Section 29Promotion of mental health and preventive programmes.Section 30Creating awareness about mental health and illness and reducing stigma associated with mental illness.Section 31Appropriate Government to take measures as regard to human resource development and training, etc.Section 32Co-ordination within appropriate Government.

CENTRAL MENTAL HEALTH AUTHORITY

Section 33Establishment of Central Authority.Section 34Composition of Central Authority.Section 35Term of office, salaries and allowances of chairperson and members.Section 36Resignation.Section 37Filling of vacancies.Section 38Vacancies, etc., not to invalidate proceedings of Central Authority.Section 39Member not to participate in meetings in certain cases.Section 40Officers and other employees of Central Authority.Section 41Functions of chief executive officer of Central Authority.Section 42Transfer of assets, liabilities of Central Authority.Section 43Functions of Central Authority.Section 44Meetings of Central Authority.

STATE MENTAL HEALTH AUTHORITY

Section 45Establishment of State Authority.Section 46Composition of State Authority.Section 47Term of office, salaries and allowances of chairperson and other members.Section 48Resignation.Section 49Filling of vacancies.Section 50Vacancies, etc., not to invalidate proceedings of State Authority.Section 51Member not to participate in meetings in certain cases.Section 52Officers and other employees of State Authority.Section 53Functions of chief executive officer of State Authority.Section 54Transfer of assets, liabilities of State Authority.Section 55Functions of State Authority.Section 56Meetings of State Authority.

FINANCE, ACCOUNTS AND AUDIT

Section 57Grants by Central Government to Central Authority.Section 58Central Mental Health Authority Fund.Section 59Accounts and audit of Central Authority.Section 60Annual report of Central Authority.Section 61Grants by State Government.Section 62State Mental Health Authority Fund.Section 63Accounts and audit of State Authority.Section 64Annual report of State Authority.

MENTAL HEALTH ESTABLISHMENTS

Section 65Registration of mental health establishment.Section 66Procedure for registration, inspection and inquiry of mental health establishments.Section 67Audit of mental health establishment.Section 68Inspection and inquiry.Section 69Appeal to High Court against order of Authority.Section 70Certificates, fees and register of mental health establishments.Section 71Maintenance of register of mental health establishment in digital format.Section 72Duty of mental health establishment to display information.

MENTAL HEALTH REVIEW BOARDS

Section 73Constitution of Mental Health Review Boards.Section 74Composition of Board.Section 75Terms and conditions of service of chairperson and members of Board.Section 76Decisions of Authority and Board.Section 77Applications to Board.Section 78Proceedings before Board to be judicial proceedings.Section 79Meetings.Section 80Proceedings before Board.Section 81Central Authority to appoint Expert Committee to prepare guidance document.Section 82Powers and functions of Board.Section 83Appeal to High Court against order of Authority or Board.Section 84Grants by Central Government.

ADMISSION, TREATMENT AND DISCHARGE

Section 85Admission of person with mental illness as independent patient in mental health establishment.Section 86Independent admission and treatment.Section 87Admission of minor.Section 88Discharge of independent patients.Section 89Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission).Section 90Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days).Section 91Leave of absence.Section 92Absence without leave or discharge.Section 93Transfer of persons with mental illness from one mental health establishment to another mental health establishment.Section 94Emergency treatment.Section 95Prohibited procedures.Section 96Restriction on psychosurgery for persons with mental illness.Section 97Restraints and seclusion.Section 98Discharge planning.Section 99Research.

RESPONSIBILITIES OF OTHER AGENCIES

Section 100Duties of police officers in respect of persons with mental illness.Section 101Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected.Section 102Conveying or admitting person with mental illness to mental health establishment by Magistrate.Section 103Prisoners with mental illness.Section 104Persons in custodial institutions.Section 105Question of mental illness in judicial process.

RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION

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

OFFENCES AND PENALTIES

Section 107Penalties for establishing or maintaining mental health establishment in contravention of provisions of this Act.Section 108Punishment for contravention of provisions of the Act or rules or regulations made thereunder.Section 109Offences by companies.

MISCELLANEOUS

Section 110Power to call for information.Section 111Power of Central Government to issue directions Section 112Power of Central Government to supersede Central Authority Section 113Power of State Government to supersede State Authority Section 114Special provisions for States in north-east and hill States Section 115Presumption of severe stress in case of attempt to commit suicide.Section 116Bar of jurisdiction.Section 117Transitory provisions Section 118Chairperson, members and staff of Authority and Board to be public servants.Section 119Protection of action taken in good faith Section 120Act to have overriding effect Section 121Power of Central Government and State Governments to make rules Section 122Power of Central Authority to make regulations Section 123Power of State Authority to make regulations.Section 124Laying of rules and regulations Section 125Power to remove difficulties.Section 126Repeal and saving