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Mental Healthcare Act, 2017
Chapter I: Preliminary
Chapter II: Mental Illness and Capacity To Make Mental Healthcare And Treatment Decisions
- 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
Chapter IV: Nominated Representative
Chapter V: Rights of Persons With Mental Illness
- 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
Chapter VI: Duties Of Appropriate Government
- 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
Chapter VII: Central Mental Health Authority
- 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
Chapter VIII: State Mental Health 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
Chapter IX: Finance, Accounts and Audit
- 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
Chapter X: Mental Health Establishments
- 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
Chapter XI: Mental Health Review Boards
- 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
Chapter XII: Admission, Treatment and Discharge
- 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
Chapter XIII: Responsibilities of Other Agencies
- 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
Chapter XIV: Restriction To Discharge Functions By Professionals Not Covered Profession
Chapter XV: Offences And Penalties
Chapter XVI: Miscellaneous
- 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
Notes
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Mental Healthcare Act, 2017
Act Information
# Chapters: 15
# Sections: 126
* Only for reference.
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section (350 )
person (268 )
mental (194 )
act (175 )
shall (170 )
sub (118 )
sub section (112 )
mental health (107 )
may (104 )
mental illness (100 )
authority (89 )
illness (81 )
provisions (75 )
treatment (72 )
state (72 )
persons (67 )
means (61 )
central (59 )
health establishment (56 )
establishment (53 )
