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Bar News Acts League

The Mental Healthcare Act, 2017

Act ID: 2017

The Mental Healthcare Act, 2017

"An Act to provide for mental healthcare and services for persons with mental illness."

Table of Contents

126 Sections

Ch. IP

reliminary

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

Ch. IIMe

ntal Illness and Capacity to make Mental Healthcare and Treatment Decisions

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

Ch. IIIA

dvance Directive

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

Ch. IVN

ominated Representative

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

Ch. VR

ights of Persons with Mental Illness

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

Ch. VIDu

ties of Appropriate Government

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

Ch. VIICe

ntral Mental Health Authority

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

Ch. VIIIS

tate Mental Health Authority

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

Ch. IXF

inance, Accounts and Audit

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

Ch. XMe

ntal Health Establishments

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

Ch. XIMe

ntal Health Review Boards

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

Ch. XIIA

dmission, Treatment and Discharge

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

Ch. XIIIR

esponsibilities of other Agencies

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

Ch. XIVR

estriction to Discharge Functions by Professionals not Covered by Profession

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

Ch. XVO

ffences and Penalties

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

Ch. XVIMis

cellaneous

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