The Mental Healthcare Act, 2017
| Coming into Force | 29 May 2018 |
| Record Number | 201710 |
| Date | 07 April 2017 |
| Act Number | 10 |
| Enactment Date | 07 April 2017 |
| Court | Ministry of Health and Family Welfare |
1
THE MENTAL HEALTHCARE ACT, 2017
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ARRANGEMENT OF SECTIONS
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CHAPTER I
P
RELIMINARY
S
ECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
M
ENTAL 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
A
DVANCE 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
N
OMINATED 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
R
IGHTS 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
D
UTIES OF APPROPRIATE
G
OVERNMENT
29. Promotion of mental health and preventive programmes.
2
S
ECTIONS
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
C
ENTRAL
M
ENTAL
H
EALTH
A
UTHORITY
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
S
TATE
M
ENTAL
H
EALTH
A
UTHORITY
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
F
INANCE, 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
M
ENTAL 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.
3
S
ECTIONS
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
M
ENTAL
H
EALTH
R
EVIEW
B
OARDS
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
A
DMISSION, 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
R
ESPONSIBILITIES 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
R
ESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION
106. Restriction to discharge functions by professionals not covered by profession.
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