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THE MENTAL HEALTHCARE ACT, 2017

ACT NO. 10 OF 2017 · Enacted [7th April, 2017.] · 126 sections

PRELIMINARY

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

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS

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

ADVANCE DIRECTIVE

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.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.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.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.Establishment of Central Authority.
Section 34.Composition of Central Authority.
Section 35.Term of office, salaries and allowances of chairperson and members.
Section 36.Resignation.
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.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.Resignation.
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.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.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.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.Meetings.
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.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.Research.

RESPONSIBILITIES OF OTHER AGENCIES

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

OFFENCES AND PENALTIES

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.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.