THE MENTAL HEALTHCARE ACT, 2017. ACT NO. 10 OF 2017, 7th April, 2017.
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.
WHEREAS the Convention on Rights of Persons with Disabilities and its Optional Protocol was adopted on the 13th December, 2006 at United Nations Headquarters in New York and came into force on the 3rd May, 2008;
AND WHEREAS India has signed and ratified the said Convention on the 1st day of October, 2007;
AND WHEREAS it is necessary to align and harmonise the existing laws with the said Convention.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
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| 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 |