The Mental Healthcare Act, 2017

126 sections.

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

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