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The Mental Healthcare Act, 2017

[Act No. 20 of 2017]

[7th April, 2017.]

Title The Mental Healthcare Act, 2017
Sections: Particulars:
Chapter I Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II Mental Illness and Capacity To Make Mental Healthcare And Treatment Decisions
3. Determination of mental illness
4. Capacity to make mental healthcare and treatment decisions
chapter III advance directive
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
Chapter IV Nominated Representative
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
Chapter V Rights of Persons With Mental Illness
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
Chapter VI Duties Of Appropriate Government
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
Chapter VII Central Mental Health Authority
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
Chapter VIII State Mental Health 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
Chapter IX Finance, Accounts and Audit
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
Chapter X Mental Health Establishments
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
Chapter XI Mental Health Review Boards
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
Chapter XII Admission, Treatment and Discharge
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
Chapter XIII Responsibilities of Other Agencies
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
Chapter XIV Restriction To Discharge Functions By Professionals Not Covered Profession
106. Restriction to discharge functions by professionals not covered by profession
Chapter XV Offences And Penalties
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
Chapter XVI Miscellaneous
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

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