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 123: Power of State Authority to make regulations.
    (1) The State Authority may, by notification, make regulations, consistent with the provision 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 minimum quality standards of mental health services under sub-section (9) of section 18;
     (b) 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 State Authority under sub-section (3) of section 52;
     (c) the manner in which the State Authority shall publish the list of registered mental health professionals under clause (d) of sub-section (1) of section 55;
     (d) the times and places of meetings of the State 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 56;
     (e) 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;
     (f) the manner of filing objections under sub-section (14) of section 66;
     (g) 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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