Section List

10/2017 - The Mental Healthcare Act, 2017 ▶

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 Number	Title	Actions
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