The Mental Healthcare Act
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.2017
List of Chapters & Sections
PRELIMINARY
MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS
ADVANCE DIRECTIVE
NOMINATED REPRESENTATIVE
RIGHTS OF PERSONS WITH MENTAL ILLNESS
DUTIES OF APPROPRIATE GOVERNMENT
CENTRAL MENTAL HEALTH AUTHORITY
STATE MENTAL HEALTH AUTHORITY
FINANCE, ACCOUNTS AND AUDIT
MENTAL HEALTH ESTABLISHMENTS
MENTAL HEALTH REVIEW BOARDS
ADMISSION, TREATMENT AND DISCHARGE
RESPONSIBILITIES OF OTHER AGENCIES
RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION
OFFENCES AND PENALTIES
MISCELLANEOUS
PRELIMINARY
MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS
ADVANCE DIRECTIVE
5Advance directive6Manner of making advance directive7Maintenance of online register8Revocation, amendment or cancellation of advance directive9Advance directive not to apply to emergency treatment10Duty to follow advance directive11Power to review, alter, modify or cancel advance directive12Review of advance directives13Liability of medical health professional in relation to advance directiveNOMINATED REPRESENTATIVE
RIGHTS OF PERSONS WITH MENTAL ILLNESS
18Right to access mental healthcare19Right to community living20Right to protection from cruel, inhuman and degrading treatment21Right to equality and non-discrimination22Right to information23Right to confidentiality24Restriction on release of information in respect of mental illness25Right to access medical records26Right to personal contacts and communication27Right to legal aid28Right to make complaints about deficiencies in provision of servicesDUTIES OF APPROPRIATE GOVERNMENT
29Promotion of mental health and preventive programmes30Creating awareness about mental health and illness and reducing stigma associated with mental illness31Appropriate Government to take measures as regard to human resource development and training, etc32Co-ordination within appropriate GovernmentCENTRAL MENTAL HEALTH AUTHORITY
33Establishment of Central Authority34Composition of Central Authority35Term of office, salaries and allowances of chairperson and members36Resignation37Filling of vacancies38Vacancies, etc., not to invalidate proceedings of Central Authority39Member not to participate in meetings in certain cases40Officers and other employees of Central Authority41Functions of chief executive officer of Central Authority42Transfer of assets, liabilities of Central Authority43Functions of Central Authority44Meetings of Central AuthoritySTATE MENTAL HEALTH AUTHORITY
45Establishment of State Authority46Composition of State Authority47Term of office, salaries and allowances of chairperson and other members48Resignation49Filling of vacancies50Vacancies, etc., not to invalidate proceedings of State Authority51Member not to participate in meetings in certain cases52Officers and other employees of State Authority53Functions of chief executive officer of State Authority54Transfer of assets, liabilities of State Authority55Functions of State Authority56Meetings of State AuthorityFINANCE, ACCOUNTS AND AUDIT
57Grants by Central Government to Central Authority58Central Mental Health Authority Fund59Accounts and audit of Central Authority60Annual report of Central Authority61Grants by State Government62State Mental Health Authority Fund63Accounts and audit of State Authority64Annual report of State AuthorityMENTAL HEALTH ESTABLISHMENTS
65Registration of mental health establishment66Procedure for registration, inspection and inquiry of mental health establishments67Audit of mental health establishment68Inspection and inquiry69Appeal to High Court against order of Authority70Certificates, fees and register of mental health establishments71Maintenance of register of mental health establishment in digital format72Duty of mental health establishment to display informationMENTAL HEALTH REVIEW BOARDS
73Constitution of Mental Health Review Boards74Composition of Board75Terms and conditions of service of chairperson and members of Board76Decisions of Authority and Board77Applications to Board78Proceedings before Board to be judicial proceedings79Meetings80Proceedings before Board81Central Authority to appoint Expert Committee to prepare guidance document82Powers and functions of Board83Appeal to High Court against order of Authority or Board84Grants by Central GovernmentADMISSION, TREATMENT AND DISCHARGE
85Admission of person with mental illness as independent patient in mental health establishment86Independent admission and treatment87Admission of minor88Discharge of independent patients89Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission)90Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days)91Leave of absence92Absence without leave or discharge93Transfer of persons with mental illness from one mental health establishment to another mental health establishment94Emergency treatment95Prohibited procedures96Restriction on psychosurgery for persons with mental illness97Restraints and seclusion98Discharge planning99ResearchRESPONSIBILITIES OF OTHER AGENCIES
100Duties of police officers in respect of persons with mental illness101Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected102Conveying or admitting person with mental illness to mental health establishment by Magistrate103Prisoners with mental illness104Persons in custodial institutions105Question of mental illness in judicial processRESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION
OFFENCES AND PENALTIES
MISCELLANEOUS
110Power to call for information111Power of Central Government to issue direction112Power of Central Government to supersede Central Authorit113Power of State Government to supersede State Authorit114Special provisions for States in north-east and hill State115Presumption of severe stress in case of attempt to commit suicide116Bar of jurisdiction117Transitory provision118Chairperson, members and staff of Authority and Board to be public servants119Protection of action taken in good fait120Act to have overriding effec121Power of Central Government and State Governments to make rule122Power of Central Authority to make regulation123Power of State Authority to make regulations124Laying of rules and regulation125Power to remove difficulties126Repeal and savin