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Bare Acts

The Mental Healthcare Act, 2017

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.

मानसिक स्वास्थ्य देख-रेख अधिनियम, 2017

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Act Details

Act Number:

10

Act Year:

2017

Location:

Enactment Date:

4/7/2017

Enforcement Date:

29-05-2018

Ministry:

Ministry of Health and Family Welfare

Department:

Department of Health and Family Welfare

All Section List (Mental Healthcare Act)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS

Section 3 to Section 4

Section 3

Determination of mental illness.

Section 4

Capacity to make mental healthcare and treatment decisions.

ADVANCE DIRECTIVE

Section 5 to Section 13

Section 5

Advance directive.

Section 6

Manner of making advance directive.

Section 7

Maintenance of online register.

Section 8

Revocation, amendment or cancellation of advance directive.

Section 9

Advance directive not to apply to emergency treatment.

Section 10

Duty to follow advance directive.

Section 11

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

Section 12

Review of advance directives.

Section 13

Liability of medical health professional in relation to advance directive.

NOMINATED REPRESENTATIVE

Section 14 to Section 17

Section 14

Appointment and revocation of nominated representative.

Section 15

Nominated representative of minor.

Section 16

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

Section 17

Duties of nominated representative.

RIGHTS OF PERSONS WITH MENTAL ILLNESS

Section 18 to Section 28

Section 18

Right to access mental healthcare.

Section 19

Right to community living.

Section 20

Right to protection from cruel, inhuman and degrading treatment.

Section 21

Right to equality and non-discrimination.

Section 22

Right to information.

Section 23

Right to confidentiality.

Section 24

Restriction on release of information in respect of mental illness.

Section 25

Right to access medical records.

Section 26

Right to personal contacts and communication.

Section 27

Right to legal aid.

Section 28

Right to make complaints about deficiencies in provision of services.

DUTIES OF APPROPRIATE GOVERNMENT

Section 29 to Section 32

Section 29

Promotion of mental health and preventive programmes.

Section 30

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

Section 31

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

Section 32

Co-ordination within appropriate Government.

CENTRAL MENTAL HEALTH AUTHORITY

Section 33 to Section 44

Section 33

Establishment of Central Authority.

Section 34

Composition of Central Authority.

Section 35

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

Section 36

Section 37

Filling of vacancies.

Section 38

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

Section 39

Member not to participate in meetings in certain cases.

Section 40

Officers and other employees of Central Authority.

Section 41

Functions of chief executive officer of Central Authority.

Section 42

Transfer of assets, liabilities of Central Authority.

Section 43

Functions of Central Authority.

Section 44

Meetings of Central Authority.

STATE MENTAL HEALTH AUTHORITY

Section 45 to Section 56

Section 45

Establishment of State Authority.

Section 46

Composition of State Authority.

Section 47

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

Section 48

Section 49

Filling of vacancies.

Section 50

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

Section 51

Member not to participate in meetings in certain cases.

Section 52

Officers and other employees of State Authority.

Section 53

Functions of chief executive officer of State Authority.

Section 54

Transfer of assets, liabilities of State Authority.

Section 55

Functions of State Authority.

Section 56

Meetings of State Authority.

FINANCE, ACCOUNTS AND AUDIT

Section 57 to Section 64

Section 57

Grants by Central Government to Central Authority.

Section 58

Central Mental Health Authority Fund.

Section 59

Accounts and audit of Central Authority.

Section 60

Annual report of Central Authority.

Section 61

Grants by State Government.

Section 62

State Mental Health Authority Fund.

Section 63

Accounts and audit of State Authority.

Section 64

Annual report of State Authority.

MENTAL HEALTH ESTABLISHMENTS

Section 65 to Section 72

Section 65

Registration of mental health establishment.

Section 66

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

Section 67

Audit of mental health establishment.

Section 68

Inspection and inquiry.

Section 69

Appeal to High Court against order of Authority.

Section 70

Certificates, fees and register of mental health establishments.

Section 71

Maintenance of register of mental health establishment in digital format.

Section 72

Duty of mental health establishment to display information.

MENTAL HEALTH REVIEW BOARDS

Section 73 to Section 84

Section 73

Constitution of Mental Health Review Boards.

Section 74

Composition of Board.

Section 75

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

Section 76

Decisions of Authority and Board.

Section 77

Applications to Board.

Section 78

Proceedings before Board to be judicial proceedings.

Section 79

Section 80

Proceedings before Board.

Section 81

Central Authority to appoint Expert Committee to prepare guidance document.

Section 82

Powers and functions of Board.

Section 83

Appeal to High Court against order of Authority or Board.

Section 84

Grants by Central Government.

ADMISSION, TREATMENT AND DISCHARGE

Section 85 to Section 99

Section 85

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

Section 86

Independent admission and treatment.

Section 87

Admission of minor.

Section 88

Discharge of independent patients.

Section 89

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

Section 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).

Section 91

Leave of absence.

Section 92

Absence without leave or discharge.

Section 93

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

Section 94

Emergency treatment.

Section 95

Prohibited procedures.

Section 96

Restriction on psychosurgery for persons with mental illness.

Section 97

Restraints and seclusion.

Section 98

Discharge planning.

Section 99

RESPONSIBILITIES OF OTHER AGENCIES

Section 100 to Section 105

Section 100

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

Section 101

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

Section 102

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

Section 103

Prisoners with mental illness.

Section 104

Persons in custodial institutions.

Section 105

Question of mental illness in judicial process.

RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION

Section 106

Section 106

Restriction to discharge functions by professionals not covered by profession.

OFFENCES AND PENALTIES

Section 107 to Section 109

Section 107

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

Section 108

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

Section 109

Offences by companies.

MISCELLANEOUS

Section 110 to Section 126

Section 110

Power to call for information.

Section 111

Power of Central Government to issue directions

Section 112

Power of Central Government to supersede Central Authority

Section 113

Power of State Government to supersede State Authority

Section 114

Special provisions for States in north-east and hill States

Section 115

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

Section 116

Bar of jurisdiction.

Section 117

Transitory provisions

Section 118

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

Section 119

Protection of action taken in good faith

Section 120

Act to have overriding effect

Section 121

Power of Central Government and State Governments to make rules

Section 122

Power of Central Authority to make regulations

Section 123

Power of State Authority to make regulations.

Section 124

Laying of rules and regulations

Section 125

Power to remove difficulties.

Section 126

Repeal and saving