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LAWGIST

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

  1. PRELIMINARY

  2. 1
     Short title, extent and commencement
  3. 2
     Definitions

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION

  • 106
     Restriction to discharge functions by professionals not covered by profession

  • 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

  • MISCELLANEOUS

  • 110
     Power to call for information
  • 111
     Power of Central Government to issue direction
  • 112
     Power of Central Government to supersede Central Authorit
  • 113
     Power of State Government to supersede State Authorit
  • 114
     Special provisions for States in north-east and hill State
  • 115
     Presumption of severe stress in case of attempt to commit suicide
  • 116
     Bar of jurisdiction
  • 117
     Transitory provision
  • 118
     Chairperson, members and staff of Authority and Board to be public servants
  • 119
     Protection of action taken in good fait
  • 120
     Act to have overriding effec
  • 121
     Power of Central Government and State Governments to make rule
  • 122
     Power of Central Authority to make regulation
  • 123
     Power of State Authority to make regulations
  • 124
     Laying of rules and regulation
  • 125
     Power to remove difficulties
  • 126
     Repeal and savin