Act Number: 10

Act Name: The Mental Healthcare Act, 2017

Year: 2017

Enactment Date: 2017-04-07

Long Title: 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.

Ministry: Ministry of Health and Family Welfare

Department: Department of Health and Family Welfare

Section 122: Power of Central Authority to make regulations
    (1) The Central Authority may, by notification, make regulations, consistent with the provisions of this Act and the rules made thereunder, to carry out the provisions of this Act.
     (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
         (a) the manner of making an advance directive under section 6;
         (b) additional regulations, regarding the procedure of advance directive to protect the rights of persons with mental illness under sub-section (3) of section 12;
         (c) the salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of, the chief executive officer and other officers and employees of the Central Authority under sub-section (3) of section 40;
         (d) the times and places of meetings of the Central Authority and rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) under sub-section (1) of section 44;
         (e) the minimum standards of facilities and services under clause (a) of sub-section (4) of section 65;
         (f) the minimum qualifications for the personnel engaged in mental health establishment under clause (b) of sub-section (4) of section 65;
         (g) the provisions for maintenance of records and reporting under clause (c) of sub-section (4) of section 65;
         (h) any other conditions under clause (d) of sub-section (4) of section 65;
         (i) categories of different mental health establishment under clause (a) of sub-section (5) of section 65;
         (j) the form of application to be made by the mental health establishment and the fees to be accompanied with it under sub-section (12) of section 66;
         (k) the manner of submitting evidence under sub-section (13) of section 66;
         (l) the manner of filing objections under sub-section (14) of section 66;
         (m) regulations under sub-section (2) of section 96 and under sub-section (8) of section 97;
         (n) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.
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