Mental Healthcare Act, 2017

§ 1 Short title, extent and commencement

§ 2 Definitions

§ 3 Determination of mental illness

§ 4 Capacity to make mental healthcare and treatment decisions

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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

§ 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

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

§ 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

§ 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