The Mental Healthcare Act, 2017
Central · 2017
- S. 1Short title, extent and commencement.
- S. 2Definitions.
- S. 3Determination of mental illness.
- S. 4Capacity to make mental healthcare and treatment decisions.
- S. 5Advance directive.
- S. 6Manner of making advance directive.
- S. 7Maintenance of online register.
- S. 8Revocation, amendment or cancellation of advance directive.
- S. 9Advance directive not to apply to emergency treatment.
- S. 10Duty to follow advance directive.
- S. 11Power to review, alter, modify or cancel advance directive.
- S. 12Review of advance directives.
- S. 13Liability of medical health professional in relation to advance directive.
- S. 14Appointment and revocation of nominated representative.
- S. 15Nominated representative of minor.
- S. 16Revocation, alteration, etc., of nominated representative by Board.
- S. 17Duties of nominated representative.
- S. 18Right to access mental healthcare.
- S. 19Right to community living.
- S. 20Right to protection from cruel, inhuman and degrading treatment.
- S. 21Right to equality and non-discrimination.
- S. 22Right to information.
- S. 23Right to confidentiality.
- S. 24Restriction on release of information in respect of mental illness.
- S. 25Right to access medical records.
- S. 26Right to personal contacts and communication.
- S. 27Right to legal aid.
- S. 28Right to make complaints about deficiencies in provision of services.
- S. 29Promotion of mental health and preventive programmes.
- S. 30Creating awareness about mental health and illness and reducing stigma associated with mental illness.
- S. 31Appropriate Government to take measures as regard to human resource development and training, etc.
- S. 32Co-ordination within appropriate Government.
- S. 33Establishment of Central Authority.
- S. 34Composition of Central Authority.
- S. 35Term of office, salaries and allowances of chairperson and members.
- S. 36Resignation.
- S. 37Filling of vacancies.
- S. 38Vacancies, etc., not to invalidate proceedings of Central Authority.
- S. 39Member not to participate in meetings in certain cases.
- S. 40Officers and other employees of Central Authority.
- S. 41Functions of chief executive officer of Central Authority.
- S. 42Transfer of assets, liabilities of Central Authority.
- S. 43Functions of Central Authority.
- S. 44Meetings of Central Authority.
- S. 45Establishment of State Authority.
- S. 46Composition of State Authority.
- S. 47Term of office, salaries and allowances of chairperson and other members.
- S. 48Resignation.
- S. 49Filling of vacancies.
- S. 50Vacancies, etc., not to invalidate proceedings of State Authority.
- S. 51Member not to participate in meetings in certain cases.
- S. 52Officers and other employees of State Authority.
- S. 53Functions of chief executive officer of State Authority.
- S. 54Transfer of assets, liabilities of State Authority.
- S. 55Functions of State Authority.
- S. 56Meetings of State Authority.
- S. 57Grants by Central Government to Central Authority.
- S. 58Central Mental Health Authority Fund.
- S. 59Accounts and audit of Central Authority.
- S. 60Annual report of Central Authority.
- S. 61Grants by State Government.
- S. 62State Mental Health Authority Fund.
- S. 63Accounts and audit of State Authority.
- S. 64Annual report of State Authority.
- S. 65Registration of mental health establishment.
- S. 66Procedure for registration, inspection and inquiry of mental health establishments.
- S. 67Audit of mental health establishment.
- S. 68Inspection and inquiry.
- S. 69Appeal to High Court against order of Authority.
- S. 70Certificates, fees and register of mental health establishments.
- S. 71Maintenance of register of mental health establishment in digital format.
- S. 72Duty of mental health establishment to display information.
- S. 73Constitution of Mental Health Review Boards.
- S. 74Composition of Board.
- S. 75Terms and conditions of service of chairperson and members of Board.
- S. 76Decisions of Authority and Board.
- S. 77Applications to Board.
- S. 78Proceedings before Board to be judicial proceedings.
- S. 79Meetings.
- S. 80Proceedings before Board.
- S. 81Central Authority to appoint Expert Committee to prepare guidance document.
- S. 82Powers and functions of Board.
- S. 83Appeal to High Court against order of Authority or Board.
- S. 84Grants by Central Government.
- S. 85Admission of person with mental illness as independent patient in mental health establishment.
- S. 86Independent admission and treatment.
- S. 87Admission of minor.
- S. 88Discharge of independent patients.
- S. 89Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission).
- S. 90Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days).
- S. 91Leave of absence.
- S. 92Absence without leave or discharge.
- S. 93Transfer of persons with mental illness from one mental health establishment to another mental health establishment.
- S. 94Emergency treatment.
- S. 95Prohibited procedures.
- S. 96Restriction on psychosurgery for persons with mental illness.
- S. 97Restraints and seclusion.
- S. 98Discharge planning.
- S. 99Research.
- S. 100Duties of police officers in respect of persons with mental illness.
- S. 101Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected.
- S. 102Conveying or admitting person with mental illness to mental health establishment by Magistrate.
- S. 103Prisoners with mental illness.
- S. 104Persons in custodial institutions.
- S. 105Question of mental illness in judicial process.
- S. 106Restriction to discharge functions by professionals not covered by profession.
- S. 107Penalties for establishing or maintaining mental health establishment in contravention of provisions of this Act.
- S. 108Punishment for contravention of provisions of the Act or rules or regulations made thereunder.
- S. 109Offences by companies.
- S. 110Power to call for information.
- S. 111Power of Central Government to issue directions
- S. 112Power of Central Government to supersede Central Authority
- S. 113Power of State Government to supersede State Authority
- S. 114Special provisions for States in north-east and hill States
- S. 115Presumption of severe stress in case of attempt to commit suicide.
- S. 116Bar of jurisdiction.
- S. 117Transitory provisions
- S. 118Chairperson, members and staff of Authority and Board to be public servants.
- S. 119Protection of action taken in good faith
- S. 120Act to have overriding effect
- S. 121Power of Central Government and State Governments to make rules
- S. 122Power of Central Authority to make regulations
- S. 123Power of State Authority to make regulations.
- S. 124Laying of rules and regulations
- S. 125Power to remove difficulties.
- S. 126Repeal and saving