| Contents: |
| 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 |
