The Mental Healthcare Act, 2017

1. (1) This Act may be called the Mental Healthcare Act, 2017.
2. (2) It shall extend to the whole of India.
3. (3) It shall come into force on such date as the Central Government may, by notification in the

Definitions

1. (1) In this Act, unless the context otherwise requires,—
   • (a) “advance directive” means an advance directive made by a person under section 5;
   • (b) “appropriate Government” means,—
     • (i) in relation to a mental health establishment established, owned or controlled by the Central Government or the Administrator of a Union territory having no legislature, the Central Government;
     • (ii) in relation to a mental health establishment, other than an establishment referred to in sub-clause (i), established, owned or controlled within the territory of—
   • (A) a State, the State Government;
   • (B) a Union territory having legislature, the Government of that Union territory;
   • (c) “Authority” means the Central Mental Health Authority or the State Mental Health Authority, as the case may be;
   • (d) “Board” means the Mental Health Review Board constituted by the State Authority under sub-section (1) of section 80 in such manner as may be prescribed;
   • (e) “care-giver” means a person who resides with a person with mental illness and is responsible for providing care to that person and includes a relative or any other person who performs this function, either free or with remuneration;
   • (f) “Central Authority” means the Central Mental Health Authority constituted under section 33;
   • (g) “clinical psychologist” means a person—
     • (i) having a recognised qualification in Clinical Psychology from an institution approved and recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation Council of India Act, 1992 (34 of 1992); or
     • (ii) having a Post-Graduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after

completion of a full time course of two years which includes supervised clinical training from any

University recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) and approved and recognised by the Rehabilitation Council of India Act, 1992 (34 of 1992) or such recognised qualifications as may be prescribed;

1. (h) “family” means a group of persons related by blood, adoption or marriage;
   • (i) “informed consent” means consent given for a specific intervention, without any force, undue influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to a person adequate

information including risks and benefits of, and alternatives to, the specific intervention in a language

and manner understood by the person;

1. (j) “least restrictive alternative” or “least restrictive environment” or “less restrictive option” means offering an option for treatment or a setting for treatment which—
   • (i) meets the person's treatment needs; and
   • (ii) imposes the least restriction on the person's rights;
2. (k) “local authority” means a Municipal Corporation or Municipal Council, or Zilla Parishad, or Nagar Panchayat, or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the mental health establishment or empowered under any law for the time being in force, to function as a local authority in any city or town or village;
3. (l) “Magistrate” means—
   • (i) in relation to a metropolitan area within the meaning of clause (k) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate;
   • (ii) in relation to any other area, the Chief Judicial Magistrate, Sub-divisional Judicial Magistrate or such other Judicial Magistrate of the first class as the State Government may, by notification, empower to perform the functions of a Magistrate under this Act;
4. (m) “medical officer in charge” in relation to any mental health establishment means the psychiatrist or medical practitioner who, for the time being, is in charge of that mental health establishment;
5. (n) “medical practitioner” means a person who possesses a recognised medical qualification—
   • (i) as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in the State Medical Register, as defined in clause (k) of that section; or
   • (ii) as defined in clause (h) of sub-section (1) of section 2 of the Indian Medicine Central Council Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-section (1) of that section; or
   • (iii) as defined in clause (g) of sub-section (1) of section 2 of the Homoeopathy Central Council Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as defined in clause (i) of sub-section (1) of that section;
6. (o) “Mental healthcare” includes analysis and diagnosis of a person's mental condition and treatment as well as care and rehabilitation of such person for his mental illness or suspected mental illness;
7. (p) “mental health establishment” means any health establishment, including Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy establishment, by whatever name called, either wholly or partly, meant for the care of persons with mental illness, established, owned, controlled or maintained by the appropriate Government, local authority, trust, whether private or public, corporation, co-operative society, organisation or any other entity or person, where persons with mental illness are admitted and reside at, or kept in, for care, treatment, convalescence and rehabilitation, either temporarily or otherwise; and includes any general hospital or general nursing home established or maintained by the appropriate Government, local authority, trust, whether private or public, corporation, co-operative society, organisation or any other entity or person; but does not include a family residential place where a person with mental illness resides with his relatives or friends;
8. (q) “mental health nurse” means a person with a diploma or degree in general nursing or diploma or degree in psychiatric nursing recognised by the Nursing Council of India established under the Nursing Council of India Act, 1947 (38 of 1947) and registered as such with the relevant nursing council in the State;
9. (r) “mental health professional” means—
   • (i) a psychiatrist as defined in clause (x); or
   • (ii) a professional registered with the concerned State Authority under section 55; or
   • (iii) a professional having a post-graduate degree (Ayurveda) in Mano Vigyan Avum Manas

Roga or a post-graduate degree (Homoeopathy) in Psychiatry or a post-graduate degree (Unani) in

Moalijat (Nafasiyatt) or a post-graduate degree (Siddha) in Sirappu Maruthuvam;

1. (s) “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence;
2. (t) “minor” means a person who has not completed the age of eighteen years;
3. (u) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
   • (v) “prescribed” means prescribed by rules made under this Act;
4. (w) “prisoner with mental illness” means a person with mental illness who is an under-trial or convicted of an offence and detained in a jail or prison;
   • (x) “psychiatric social worker” means a person having a post-graduate degree in Social Work and a Master of Philosophy in Psychiatric Social Work obtained after completion of a full time course of two years which includes supervised clinical training from any University recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) or such recognised qualifications, as may be prescribed;
5. (y) “psychiatrist” means a medical practitioner possessing a post-graduate degree or diploma in psychiatry awarded by an university recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956), or awarded or recognised by the National Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956 (102 of 1956), or recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who having regard to his knowledge and experience in psychiatry, has been declared by the Government of that State to be a psychiatrist for the purposes of this Act;
6. (z) “regulations” means regulations made under this Act;
7. (za) “relative” means any person related to the person with mental illness by blood, marriage or adoption;
8. (zb) “State Authority” means the State Mental Health Authority established under section 45.

1. (2) The words and expressions used and not defined in this Act but defined in the Indian Medical

Determination of mental illness

1. (1) Mental illness shall be determined in accordance with such nationally or internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government.
2. (2) No person or authority shall classify a person as a person with mental illness, except for purposes directly relating to the treatment of the mental illness or in other matters as covered under this Act or any other law for the time being in force.
3. (3) Mental illness of a person shall not be determined on the basis of,—
   • (a) political, economic or social status or membership of a cultural, racial or religious group, or for any other reason that is not, or may not be, in accordance with internationally accepted medical standards, as may be notified by the Central Government;
   • (b) non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing in a person’s community;
   • (c) past political, economic, social, racial or religious or cultural beliefs;
   • (d) confinement in a mental health establishment or previous treatment or hospitalisation for mental illness;
   • (e) inability to perform daily activities;
   • (f) sexual orientation or sexual promiscuity;
   • (g) presence of any other illness, including physical disability; or
   • (h) such other reasons as may be prescribed.
4. (4) Mental illness shall not be determined on the basis of any of the factors referred to in sub-section
5. (3) and any diagnosis of mental illness shall be consistent with such medical standards as may be notified by the Central Government.
6. (5) Any person who classifies a person as having mental illness on the basis of any of the factors referred to in sub-section (3) shall be liable to disciplinary action and such other penalties as may be prescribed.

1. (1) Every person, who has attained the age of eighteen years, shall have the capacity to make mental healthcare and treatment decisions unless he is determined otherwise under this section.
2. (2) A person who has been treated for mental illness shall be presumed to have the capacity to make mental healthcare and treatment decisions unless determined otherwise.
3. (3) A person with mental illness shall be presumed to have the capacity to make mental healthcare and treatment decisions if he is able to—
   • (a) understand the information that is given to him;
   • (b) appreciate the information to the extent that it is relevant to his condition;
   • (c) appreciate the reasonably foreseeable consequences of a decision or lack of decision;
   • (d) communicate his decision by means of speech, expression, gesture or any other means.
4. (4) A person may have the capacity to make some decisions and may not have the capacity to make other decisions.
5. (5) The capacity of a person to make mental healthcare and treatment decisions may change from time to time.
6. (6) A person shall not be treated as lacking capacity to make mental healthcare and treatment decisions merely because he makes a decision that may be considered unwise by others.
7. (7) A person who is determined not to have the capacity to make mental healthcare and treatment decisions shall be provided with the support and assistance to make such decisions, by his nominated representative, in accordance with the provisions of this Act.
8. (8) Any determination that a person does not have the capacity to make mental healthcare and treatment decisions shall be made by a mental health professional in charge of the care of the person:

Advance directive

1. (1) Every person, who has attained the age of eighteen years, shall have the right to make an advance directive in writing, specifying—
   • (a) the way the person wishes to be cared for and treated for a mental illness;
   • (b) the way the person wishes not to be cared for and treated for a mental illness;
   • (c) the individual or individuals, if any, he wants to appoint as his nominated representative, in accordance with the provisions of section 14: Provided that a person who is currently, or who has previously been, receiving treatment for mental illness, shall have the same right to make an advance directive.
2. (2) An advance directive shall be—
   • (a) made in the manner as may be prescribed;
   • (b) signed by the person making it;
   • (c) witnessed by at least one medical practitioner and one other person: Provided that where the medical practitioner is not available or is not willing, it may be witnessed by any two other persons known to him.
3. (3) An advance directive, which is not in the prescribed manner, shall not be valid.
4. (4) An advance directive shall be binding on the mental health professional, unless such advance directive is, in the opinion of the Board, contrary to the provisions of this Act or the mental health professional feels that the advance directive is not sufficiently up to date.

1. (1) Any person, who is making an advance directive under section 5, shall make it in writing and it shall be signed by the person.
2. (2) The advance directive shall be—
   • (a) signed by the person making the directive in the presence of at least one witness and the witness shall also sign the advance directive; or
   • (b) thumb impression of the person in the presence of at least one witness and the witness shall also sign the advance directive.
3. (3) A copy of the advance directive may be given to the nominated representative, if any, and the medical officer in charge or the mental health professional, as the case may be, at the time of admission to a mental health establishment. ---

1. (1) The Authority shall maintain an online register of all advance directives received by it in such manner as may be prescribed.
2. (2) The online register shall be accessible to medical officers in charge, mental health professionals and the nominated representative of the person with mental illness. ---

1. (1) A person may revoke, amend or cancel the advance directive at any time in the same manner as provided for making an advance directive under section 6.
2. (2) Any revocation, amendment or cancellation of an advance directive shall be notified to the Authority, the nominated representative and the medical officer in charge or the mental health professional, as the case may be. ---

The advance directive shall not apply to emergency treatment administered under section 94.

1. (1) Every medical officer in charge and mental health professional shall have a duty to fulfill the mental healthcare and treatment as per the advance directive of a person with mental illness: Provided that if a medical officer in charge or mental health professional considers that the advance directive is not appropriate or needs to be reviewed, he may apply to the concerned Board to review, alter, modify or cancel the advance directive.
2. (2) Where a person has not made an advance directive, the nominated representative shall give consent for treatment on behalf of the person with mental illness.

1. (1) A person may, at any time, before the assessment of capacity by a psychiatrist or a mental health professional, review, alter, modify or cancel his advance directive in the manner as may be prescribed.
2. (2) Where a person has been assessed by a psychiatrist or a medical officer in charge of a mental health establishment as having capacity to make mental healthcare and treatment decisions, he may review, alter, modify or cancel his advance directive in the manner as may be prescribed.
3. (3) Where a person has been assessed as not having capacity to make mental healthcare and treatment decisions, the nominated representative may make an application to the concerned Board to review, alter, modify or cancel the advance directive given by such person and the Board may, if it is satisfied that the circumstances of the person have changed significantly or such other reasons as may be prescribed, allow such review, alteration, modification or cancellation.

1. (1) If an advance directive is not clear or is not specific or is not substantially free from doubts, the mental health professional, before taking any action on the basis of such advance directive, shall seek clarification from the nominated representative of the person, if any, and if there is no nominated representative, the mental health professional shall apply to the Board to seek clarification on the advance directive.
2. (2) The Board shall, upon receiving an application under sub-section (1), and after providing an opportunity of being heard to the applicant and the person who made the advance directive, pass an order as it deems fit.
3. (3) Where an advance directive requires a mental health professional to undertake a specific treatment or to consult a specific mental health professional, the mental health professional shall be bound to follow the advance directive unless such treatment is not available or the mental health professional is not available or if the mental health professional considers that the advance directive is not valid as it is not in conformity with the provisions of this Act: Provided that if the mental health professional does not follow the advance directive, he shall record his reasons for not doing so and refer the matter to the

Liability of medical health professional in relation to advance directive

1. (1) No mental health professional shall be held liable for any loss or damage caused to a person with mental illness for any action taken in good faith in accordance with an advance directive which is valid under this Act.
2. (2) No mental health professional shall be held liable for any loss or damage caused to a person with mental illness for not following an advance directive if the mental health professional was not aware of the existence of such advance directive or if he had reasonable grounds to believe that the advance directive was not valid or if the mental health professional acted in accordance with the provisions of this Act.

1. (1) Every person, who has attained the age of eighteen years, shall have the right to appoint a nominated representative, in writing on plain paper, with his signature or thumb impression: Provided that a person who is not a minor may appoint a nominated representative: Provided further that a person who is not a minor may also write his own advance directive to guide the healthcare or treatment decisions or both for his mental illness.
2. (2) A person who has appointed a nominated representative may revoke such appointment at any time.
3. (3) If a person has not appointed a nominated representative under sub-section (1), the following persons in respective order shall be deemed to be the nominated representative of the person with mental illness, namely:—
   • (a) the spouse of the person; or
   • (b) the parents, if the person is not married and has no children; or
   • (c) the children of the person, if the person is not married or has no spouse or parents; or
   • (d) next of kin; or
   • (e) a suitable person appointed by the Board under section 16.
4. (4) A person may appoint any person as his nominated representative, except a person who—
   • (a) is a minor;
   • (b) has been declared as a person with mental illness or has been declared as a person with intellectual disability by a competent court;
   • (c) has been declared as a person with mental illness or has been declared as a person with intellectual disability by the Board;
   • (d) is currently a designated nominated representative for more than one person, except in case of relatives;
   • (e) is a mental health professional directly or indirectly involved in the care or treatment of the person with mental illness.
5. (5) The nominated representative shall be appointed in writing and signed by the person appointed as the nominated representative, confirming his acceptance of the designation and that he is not disqualified under this Act.

1. (1) Parents of a minor or if the parents are not available, the legal guardian of the minor, shall be the nominated representative of the minor.
2. (2) Where there is no parent or legal guardian for a minor, the Board may appoint a suitable person to be the nominated representative of the minor.

16. The Board may, upon an application received from a person with mental illness or his nominated representative, or on its own motion, revoke or alter the nominated representative, if the Board is of the opinion that the nominated representative is not acting in the best interests of the person with mental illness or is misusing his position as a nominated representative.

(a) give binding directions or consent in relation to mental healthcare or treatment of the person with mental illness, in accordance with the provisions of this Act; (b) have the right to access any medical records of the person with mental illness as are necessary to enable him to carry out his duties; (c) provide support to the person with mental illness in making decisions in relation to his mental healthcare or treatment; (d) give consent for research, in accordance with the provisions of this Act; (e) discharge such other duties as may be prescribed. (2) Every nominated representative shall, while discharging his duties, have due regard to the personal care, autonomy, dignity and well-being of the person with mental illness.

1. (2) The appropriate Government shall ensure that mental healthcare and services for persons with mental illness are available in every district.
2. (3) The mental healthcare and services shall include—
   • (a) acute mental healthcare;
   • (b) chronic mental healthcare;
   • (c) ambulance services;
   • (d) mental healthcare in prisons;
   • (e) half-way homes;
   • (f) sheltered accommodation;
   • (g) supported accommodation;
   • (h) supported employment;
     • (i) assertive community treatment;
   • (j) home-based rehabilitation;
   • (k) hospital based rehabilitation;
   • (l) such other services as may be prescribed.
3. (4) Every person with mental illness who is homeless or is living in destitute conditions shall be entitled to stay in hostels and such other accommodation as may be provided by the appropriate Government.

1. (2) The appropriate Government shall make effective provisions to reduce and eliminate discrimination and stigma against persons with mental illness and to promote their community living.
2. (3) Where a person with mental illness is unable to live with his family or has no family, the appropriate Government shall provide support to such person to live in their community.
3. (4) The appropriate Government shall provide or cause to provide such community-based establishments as are necessary for persons with mental illness to live in the community.
4. (5) The appropriate Government shall ensure that no person with mental illness shall be required to remain in a mental health establishment merely because he does not have a family or is not accepted by his family or is homeless.

1. (2) A person with mental illness shall not be subjected to any research without his informed consent and where such person is not competent to give consent, the same may be given by his nominated representative: Provided that no research shall be conducted on a person with mental illness which is not directly relevant to his condition or where such research can be performed on a person without mental illness.
2. (3) Where any research is conducted on a person with mental illness, it shall be in accordance with the provisions of this Act and such rules as may be prescribed.

Every person with mental illness shall be treated as equal to persons with physical illness in the provision of all healthcare.

1. (1) Every person with mental illness shall have the right to information in respect of his mental illness and the proposed mental healthcare and treatment.
2. (2) The medical officer in charge or the mental health professional shall provide such information to the person with mental illness, and also to his nominated representative, in a language and manner understood by them.
3. (3) The information provided shall include—
   • (a) the nature of the person's mental illness;
   • (b) the proposed treatment plan;
   • (c) the expected benefits of the treatment;
   • (d) the possible side effects of the treatment;
   • (e) alternative treatment options; and
   • (f) the right of the person to seek a second opinion.

1. (1) Every person with mental illness shall have the right to confidentiality in respect of his mental health, mental healthcare, treatment, physical healthcare and treatment and also in respect of his personal relationship and living arrangements.
2. (2) The mental health professional shall have the duty to ensure that information relating to the person with mental illness is kept confidential.
3. (3) The information referred to in sub-section (1) shall not be released to any person without the consent of the person with mental illness or his nominated representative.
4. (4) Information may be released by the mental health professional in the following circumstances:—
   • (a) with the consent of the person with mental illness or his nominated representative;
   • (b) where the mental health professional believes that the release of such information is necessary to prevent a threat to the life or safety of the person with mental illness or others;
   • (c) where the disclosure is required for the purpose of treatment or care of the person with mental illness;
   • (d) where the disclosure is required for the purpose of research or teaching or financial audit or related services, in which case the information shall be anonymised and the identity of the person with mental illness shall not be disclosed;
   • (e) where the disclosure is required by an order of a court or as required under the provisions of any other law for the time being in force;
   • (f) where the disclosure is required for reporting to the Board or the Authority, as the case may be, in accordance with the provisions of this Act.

1. (1) Subject to the provisions of section 23, the medical officer in charge or any other mental health professional shall not release any information in respect of mental illness or mental healthcare or treatment of a person to any person, including his family members, without the consent of the person with mental illness or his nominated representative.
2. (2) Notwithstanding the provision contained in sub-section (1), the medical officer in charge or the mental health professional may release information, if he is of the opinion that such disclosure is necessary for—
   • (a) the treatment of the person with mental illness;
   • (b) the safety of the person with mental illness or for the safety of others;
   • (c) the discharge of his duties;
   • (d) reporting to the authorities as required under this Act.
3. (3) The information released under sub-section (2) shall be restricted to the extent necessary for the purpose for which it is released.

1. (1) Every person with mental illness shall have a right to access his medical records in respect of his mental illness and treatment.
2. (2) The medical officer in charge shall provide a copy of such medical records, if requested, to the person with mental illness or his nominated representative.
3. (3) Any person or his nominated representative who is aggrieved by the denial of access to medical records may make an application to the Board for appropriate directions.

1. (1) Every person with mental illness shall have the right to receive personal visitors and communicate with such persons by telephone, post, email or any other form of communication, at such times and in such manner as may be specified by the medical officer in charge of the mental health establishment.
2. (2) Notwithstanding anything contained in sub-section (1), the medical officer in charge may restrict or prohibit personal contacts and communications in respect of a person with mental illness if the medical officer in charge is of the opinion that such contact or communication is likely to cause, directly or indirectly, serious harm to the person with mental illness or to any other person or impede the treatment of the person with mental illness.
3. (3) The reasons for any restriction or a prohibition of personal contact or communication shall be recorded in the medical records of the person with mental illness.
4. (4) Every person with mental illness shall have the right to visit and receive visitors at such reasonable times as may be specified by the medical officer in charge of the mental health establishment.

1. (1) Every person with mental illness shall have the right to access legal aid to exercise any of his rights under this Act.
2. (2) The Board shall ensure that any person with mental illness, who is unable to afford to engage a legal practitioner, is provided with free legal aid.
3. (3) It shall be the duty of every mental health establishment to provide information to a person with mental illness about his right to legal aid and the manner of accessing the same.

1. (1) Every person with mental illness shall have the right to make complaints about any deficiency in the provision of services in a mental health establishment to the Board or to the Authority, as the case may be.
2. (2) The mental health establishment shall, before admitting a person, ensure that such person is informed about the procedure for making complaints about any deficiency in the provision of services within the mental health establishment.
3. (3) The person making a complaint under sub-section (1) shall not be discriminated against or subjected to any form of harassment by the mental health establishment or any person associated with it on account of making such complaint.

1. (1) The appropriate Government shall promote mental health and prevent mental illness in persons.
2. (2) The appropriate Government shall plan, promote and develop programmes for screening, early detection and treatment of mental illness.
3. (3) The programmes referred to in sub-section (2) shall be implemented in coordination with the programmes for physical health and other programmes of the appropriate Government.

1. (1) The appropriate Government shall take all measures to promote public awareness about mental health and illness.
2. (2) The measures to be taken by the appropriate Government under sub-section (1) shall include—
   • (a) promoting an understanding of the causes of mental illness and fighting stigma associated with it;
   • (b) promoting the inclusion of information on mental health in the school curriculum;
   • (c) providing information about the rights of persons with mental illness;
   • (d) encouraging the media to report on mental illness in a responsible manner and to sensitise the public about the need to protect the rights of persons with mental illness;
   • (e) conducting programmes for sensitisation of the police and other law enforcement agencies about the rights of persons with mental illness and the need to handle such persons with compassion and dignity;
   • (f) providing for such other measures as may be prescribed.

1. (1) For the purpose of providing adequate mental healthcare and services, the appropriate Government shall take measures to,—
   • (a) provide for the training in mental health for doctors, nurses and other health professionals, both at the undergraduate and post-graduate levels;
   • (b) provide for the training in mental health for Accredited Social Health Activists (ASHA), Anganwadi workers, teachers and other community workers to provide support to the persons with mental illness;
   • (c) ensure continuing education of all health professionals in the field of mental healthcare; and
   • (d) ensure adequate number of mental health professionals are available to deliver mental healthcare and services.
2. (2) The appropriate Government shall, within a period of five years from the commencement of this Act, ensure that all general hospitals have access to mental health services and qualified mental health professionals.

1. (1) The appropriate Government shall take measures to ensure co-ordination between different departments or ministries of the Central Government or, as the case may be, the State Government, such as health, finance, education, social justice, women and child development and police, to enable effective delivery of services to persons with mental illness.
2. (2) The appropriate Government shall establish such administrative structure, as may be prescribed, for the purpose of such co-ordination.

1. (1) The Central Government shall, within a period of nine months from the date of commencement of this Act, by notification, establish a Central Mental Health Authority.
2. (2) The head office of the Central Authority shall be at such place as the Central Government may decide.

1. (1) The Central Authority shall consist of the following members, namely:—
   • (a) the Joint Secretary in charge of the mental health portfolio in the Ministry of Health and Family Welfare of the Central Government, who shall be the Chairperson, ex officio;
   • (b) the Joint Secretary in charge of the Department of Empowerment of Persons with Disabilities of the Central Government, member, ex officio;
   • (c) the Joint Secretary in charge of the Department of Social Justice and Empowerment of the Central Government, member, ex officio;
   • (d) the Joint Secretary in charge of the Ministry of Women and Child Development of the Central Government, member, ex officio;
   • (e) the Joint Secretary in charge of the Ministry of Home Affairs of the Central Government, member, ex officio;
   • (f) one representative from the Ministry of Finance, not below the rank of a Joint Secretary, member, ex officio;
   • (g) two persons representing persons with mental illness, who have been or are persons with mental illness, to be nominated by the Central Government, members;
   • (h) two persons representing care-givers of persons with mental illness or organisations representing care-givers, to be nominated by the Central Government, members;
     • (i) two persons representing non-governmental organisations working in the field of mental health to be nominated by the Central Government, members;
   • (j) one mental health professional who has at least twenty years of experience in the field of mental health, to be nominated by the Central Government, member;
   • (k) one psychiatrist who has at least twenty years of experience in the field of mental health, to be nominated by the Central Government, member;
   • (l) one clinical psychologist who has at least twenty years of experience in the field of mental health, to be nominated by the Central Government, member;
   • (m) one psychiatric social worker who has at least twenty years of experience in the field of mental health, to be nominated by the Central Government, member;
   • (n) one mental health nurse who has at least twenty years of experience in the field of mental health, to be nominated by the Central Government, member;
   • (o) the Chief Executive Officer of the Central Authority, who shall be the ex officio Member-Secretary.
2. (2) The Chairperson and members of the Central Authority, other than ex officio members, shall be of such qualifications and experience, as may be prescribed.

1. (1) The members of the Central Authority nominated under clauses (g) to (n) of sub-section (1) of section 34 shall hold office for a period of three years from the date of their nomination.
2. (2) The members shall be eligible for re-nomination for one more term of three years.
3. (3) The salaries and allowances payable to, and the other terms and conditions of service of the nominated members of the Central Authority shall be such as may be prescribed.
4. (4) A member of the Central Authority may resign his office by writing under his hand addressed to the Central Government and the vacancy so caused shall be filled in the manner as may be prescribed.

36. The chairperson or any member may resign his office by giving notice in writing under his hand to the Central Government and the office of the chairperson or the member shall become vacant on the expiry of one month from the date of receipt of such notice by the Central Government or from the date of expiry of his term of office, whichever is earlier.

37.

Vacancies, etc., not to invalidate proceedings of Central Authority

1. (a) any vacancy in, or any defect in the constitution of, the Central Authority;
2. (b) any defect in the appointment of a person acting as a chairperson or as a member of the Central Authority;
3. (c) any irregularity in the procedure of the Central Authority not affecting the merits of the case.

39. If any member who has any pecuniary or other interest in any matter to be considered at a meeting of the Central Authority or any committee thereof, such member shall, at the earliest opportunity, disclose the nature of his interest to the Central Authority or such committee, as the case may be, and shall not participate in any deliberation or decision of the Central Authority or such committee with respect to that matter.

40.

Functions of chief executive officer of Central Authority The chief executive officer of the Central Authority shall be responsible for the day-to-day administration of the Central Authority and such other functions as may be prescribed.

On and from the date of the establishment of the Central Authority, a Mental Health Authority or any other authority or body, by whatever name called, discharging any function which is assigned to the Central Authority under this Act, shall stand dissolved and all assets and liabilities of such authority or body shall stand transferred to, and vest in, the Central Authority.

1. (1) The Central Authority shall—
   • (a) register, supervise and maintain a national register of all mental health establishments under the control of the Central Government;
   • (b) develop quality and service provision norms for mental health establishments;
   • (c) maintain a national register of clinical psychologists, mental health nurses and psychiatric social workers;
   • (d) train all relevant persons, including law enforcement officials, mental health professionals and other health professionals on the provisions of this Act;
   • (e) collect data on mental health services in India;
   • (f) advise the Central Government on all matters relating to mental healthcare and services;
   • (g) discharge such other functions as may be prescribed.
2. (2) Subject to the provisions of this Act, the Central Authority may, by notification, make regulations consistent with this Act and the rules made thereunder, to carry out the provisions of this Act.

1. (1) The Central Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed.
2. (2) The Chairperson, or if for any reason he is unable to attend a meeting of the Authority, any member chosen by the members present from amongst themselves at the meeting, shall preside at the meeting of the Authority.
3. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson or the person presiding shall have a second or casting vote.
4. (4) The Central Authority may associate with itself, in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this Act, and a person so associated shall have the right to take part in the proceedings of the Authority, but shall not have the right to vote.

1. (1) Every State Government shall, within a period of twelve months from the date on which this Act receives the assent of the President, by notification, establish a State Mental Health Authority in such State.
2. (2) The State Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

(a) Secretary in charge of the Department of Health—Chairperson; (b) Secretary in charge of the Department of Social Welfare or his representative—member; (c) Secretary in charge of the Department of Finance or his representative—member; (d) Secretary in charge of the Department of Women and Child Development or his representative—member; (e) Secretary in charge of the Department of Law or his representative—member; (f) one psychiatrist from a Government mental health establishment—member; (g) one medical practitioner—member; (h) one clinical psychologist—member; (i) one psychiatric social worker—member; (j) one mental health nurse—member; (k) two persons representing persons who have or have had mental illness—members; (l) two persons representing care-givers of persons with mental illness or non-governmental organisations working in the field of mental health—members; (m) Chief Executive Officer—member-secretary. (2) The State Government shall nominate the members referred to in clauses (f) to (l) of sub-section (1) in such manner as may be prescribed. (3) The State Authority shall meet at least once in every four months.

Provided that a member may be removed by the State Government in such manner as may be prescribed for his incapacity or misconduct.

1. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the State Authority shall be such as may be prescribed by the State Government.

48. The chairperson or any member of the State Authority may relinquish his office by giving notice in writing to the State Government and the office of such chairperson or member shall become vacant on the date of acceptance of such resignation by the State Government.

49. Any vacancy in the office of the chairperson or any member of the State Authority shall be filled by the State Government by making a fresh appointment and such new member shall hold office for the remainder of the term of the member in whose place he is appointed.

1. (a) any vacancy in, or any defect in the constitution of, the State Authority; or
2. (b) any defect in the appointment of a person acting as a chairperson or member of the State Authority; or
3. (c) any irregularity in the procedure of the State Authority not affecting the merits of the case.

51. Member not to participate in meetings in certain cases.—If any member of the State Authority has any interest, direct or indirect, in any matter to be decided by the State Authority, such member shall, at the earliest possible opportunity, disclose the nature of his interest and shall not participate in any meeting of the State Authority in which such matter is discussed.

1. (1) The State Government shall provide the State Authority with such officers and other employees as may be necessary for the efficient performance of its functions.
2. (2) The salaries and allowances payable to and other terms and conditions of service of the officers and other employees appointed for the purpose of the State Authority shall be such as may be prescribed.

53. Functions of chief executive officer of State Authority.—The chief executive officer of the State Authority shall be the ex officio Member-Secretary of the State Authority and shall exercise such powers and perform such functions as may be prescribed or as may be delegated to him by the State Authority.

54. Transfer of assets, liabilities of State Authority.—On and from the date of establishment of the State Authority, all assets and liabilities of the Mental Health Authority (by whatever name called) constituted by the State Government under any previous law and existing immediately before such date shall stand transferred to, and vest in, the State Authority.

1. (1) The State Authority shall discharge the following functions, namely:—
   • (a) register all mental health establishments in the State;
   • (b) develop, establish and maintain quality and service provision norms for registered mental health establishments in the State;
   • (c) maintain and publish a register of all registered mental health establishments in the State;
   • (d) maintain a record of all mental health professionals registered with the State Authority;
   • (e) train all persons including law enforcement officials, mental health professionals and other health professionals about the provisions of this Act;
   • (f) receive complaints about deficiencies in provision of services;
   • (g) serve as consultant to the State Government on matters relating to mental healthcare;
   • (h) supervise and inspect all mental health establishments in the State;
     • (i) advise the State Government on the measures necessary to fulfill the objectives of this Act;
   • (j) maintain a register of mental health professionals in the State; and
   • (k) such other functions as may be prescribed.
2. (2) The State Authority shall function as a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

1. (1) The State Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations made by the State Authority.
2. (2) The Chairperson or, if for any reason he is unable to attend any meeting of the State Authority, any other member chosen by the members present amongst themselves at the meeting, shall preside at the meeting.
3. (3) All questions which come up before any meeting of the State Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairperson or the person presiding shall have a second or casting vote.
4. (4) The State Authority may associate with itself, in such manner and for such purposes as may be provided by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act.
5. (5) A person associated with the State Authority under sub-section (4) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the State Authority.

57. Grants by Central Government to Central Authority.—The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Central Authority grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

1. (1) There shall be constituted a Fund to be called the "Central Mental Health Authority Fund" and there shall be credited thereto—
   • (a) all grants and loans made to the Central Authority by the Central Government under section 57;
   • (b) all fees received by the Central Authority; and
   • (c) all sums received by the Central Authority from such other sources as may be decided upon by the Central Government.
2. (2) The Fund shall be applied for meeting—
   • (a) the salaries, allowances and other remuneration of the Chairperson, members, officers and other employees of the Central Authority;
   • (b) the expenses of the Central Authority in the discharge of its functions under section 43; and
   • (c) the expenses on objects and for purposes authorised by this Act.

1. (1) The Central Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account in such form and in such manner as may be prescribed, in consultation with the Comptroller and Auditor-General of India.
2. (2) The accounts of the Central Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Central Authority to the Comptroller and Auditor-General of India.
3. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Central Authority shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Central Authority.
4. (4) The accounts of the Central Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament.

1. (1) The Central Authority shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies of the report shall be forwarded to the Central Government.
2. (2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament.

The State Government may, after due appropriation made by State Legislature by law in this behalf, make to the State Authority grants of such sums of money as the State Government may think fit for being utilised for the purposes of this Act.

1. (1) There shall be constituted for the State Authority a fund to be called the "State Mental Health Authority Fund" and there shall be credited thereto—
   • (a) all grants and subventions made to the State Authority by the State Government;
   • (b) all fees received by the State Authority under this Act;
   • (c) all sums received by the State Authority from such other sources as may be decided by the State Government.
2. (2) The fund shall be applied for meeting—
   • (a) the salaries, allowances and other remuneration of the chairperson, officers and other employees of the State Authority;
   • (b) the expenses of the State Authority in the discharge of its functions under this Act;
   • (c) the expenses on objects and for purposes authorised by this Act.

1. (1) The State Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
2. (2) The accounts of the State Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Authority to the Comptroller and Auditor-General of India.
3. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Authority shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Authority.
4. (4) The accounts of the State Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government by the State Authority and the State Government shall cause the same to be laid, as soon as may be after it is received, before the State Legislature.

1. (1) The State Authority shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the State Government.
2. (2) The State Government shall cause the annual report to be laid, as soon as may be after it is received, before the State Legislature.

1. (1) No person or organisation shall establish or maintain a mental health establishment unless it is registered under the provisions of this Act: Provided that any mental health establishment in existence at the commencement of this Act shall apply for registration within a period of six months from such commencement: Provided further that if such mental health establishment fails to apply for registration within the said period, it shall cease to function.
2. (2) The State Authority shall be the registering authority for mental health establishments for the purpose of this Act.
3. (3) The State Authority shall, after receipt of an application for registration from a mental health establishment, verify the application and if the establishment fulfils the prescribed standards, register and grant a certificate of registration to the mental health establishment.
4. (4) Every mental health establishment shall, unless the registration is cancelled earlier, be valid for a period of five years from the date of issue of the certificate of registration.
5. (5) The application for renewal of registration shall be made in such form and in such manner as may be prescribed, not less than six months before the expiry of the period of valid registration.

1. (1) Every application for registration of a mental health establishment shall be made to the concerned State Authority in such form and manner as may be prescribed.
2. (2) Every application for registration shall be accompanied by such fee as may be prescribed.
3. (3) The State Authority shall, upon receipt of an application for registration, examine the application and may either grant or refuse the registration for reasons to be recorded in writing.
4. (4) Every mental health establishment shall be registered, if it fulfills such standards as may be prescribed.
5. (5) The State Authority shall, within a period of sixty days from the date of receipt of the application, grant the certificate of registration in such form as may be prescribed.
6. (6) If the State Authority is of the opinion that the mental health establishment does not fulfill the standards, it may, by order, refuse to grant the certificate of registration: Provided that the State Authority shall, before refusing to grant the certificate, give an opportunity of being heard to the applicant.
7. (7) A certificate of registration granted under this section shall be valid for a period of five years and may be renewed after every five years in such manner as may be prescribed.
8. (8) The State Authority may, if it has reason to believe that a mental health establishment is not complying with the standards prescribed under this Act, cause an inspection and inquiry to be made by such persons, as it may direct.
9. (9) If, after an inspection and inquiry, the State Authority is satisfied that the mental health establishment is not complying with the standards, it may, after giving an opportunity of being heard to the mental health establishment, by order, suspend or cancel the registration of such establishment.

1. (1) The State Authority shall, at least once in every year, cause an audit of the mental health establishment to be conducted in such manner as may be prescribed to ensure that the mental health establishment complies with the provisions of this Act.
2. (2) The results of the audit shall be made public by the State Authority.

1. (1) The State Authority may, at any time, cause an inspection of a mental health establishment to be made by such persons as it may direct.
2. (2) The inspection under sub-section (1) may be made without prior notice to the mental health establishment.
3. (3) If, after inspection, the State Authority finds that the mental health establishment is not complying with the standards or provisions of this Act, it may issue such directions to the mental health establishment as it deems fit and the mental health establishment shall be bound to comply with such directions.
4. (4) The State Authority may, if it has reason to believe that a mental health establishment is operating in violation of the provisions of this Act, cause an inquiry to be made into the functioning of the mental health establishment.

1. (1) Any person or mental health establishment aggrieved by any order of the Authority may prefer an appeal to the High Court having jurisdiction over the area in which the mental health establishment is situated.
2. (2) The appeal shall be preferred within a period of thirty days from the date of the order of the Authority.
3. (3) The High Court may entertain an appeal after the expiry of the period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

1. (1) The State Authority shall maintain a register containing the details of all mental health establishments registered under this Act.
2. (2) The register shall be maintained in such form and manner as may be prescribed.
3. (3) The certificate of registration shall be displayed in a conspicuous place in the mental health establishment.
4. (4) The fee for registration and renewal of registration shall be such as may be prescribed.

1. (1) The State Authority shall maintain a register of all mental health establishments registered under this Act in the State in a digital format.
2. (2) The digital register shall be available for public viewing in such manner as may be prescribed.
3. (3) The digital register shall contain such details as may be prescribed.

Every mental health establishment shall display in a conspicuous place in the mental health establishment in the vernacular language of the locality and in English, the following information, namely:—

1. (a) the registration certificate of the mental health establishment;
2. (b) the services provided by the mental health establishment;
3. (c) the names and qualifications of mental health professionals and other staff working in the mental health establishment;
4. (d) the list of mental health professionals and their registration numbers as registered with the State Authority;
5. (e) the rights of persons with mental illness;
6. (f) the procedure for making complaints about deficiencies in provision of services;
7. (g) the contact details of the Mental Health Review Board; and
8. (h) such other information as may be prescribed.

1. (1) The State Authority shall, within nine months from the date of commencement of this Act, by notification, constitute one or more Mental Health Review Boards for such district or group of districts in the State as it may deem fit.
2. (2) The State Authority may, from time to time, increase or decrease the number of Boards as it deems fit.

1. (1) Each Board shall consist of a Chairperson and four other members to be appointed by the State Authority.
2. (2) The chairperson shall be a person who is, or has been, a District Judge or an officer of the State Judicial Service who has held the post of an Additional District Judge for at least five years.
3. (3) The four other members shall be as follows:—
   • (a) one member who is a psychiatrist or a medical practitioner with at least three years of experience in psychiatry;
   • (b) one member who is a person with mental illness or a caregiver or a representative of an organization representing persons with mental illness;
   • (c) one member who is a person engaged in the profession of clinical psychology or psychiatric social work or mental health nursing or any other profession as may be prescribed; and
   • (d) one member who is a representative of the district administration or a local body.

1. (1) The Chairperson and other members of the Board shall hold office for a period of five years and shall be eligible for renomination for one more term.
2. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other members of the Board shall be such as may be prescribed by the State Government.
3. (3) The Chairperson or any other member may, by notice in writing under his hand addressed to the State Authority, resign from his office.
4. (4) A person shall be disqualified for being appointed as, and for continuing as, a member of the Board if he—
   • (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Authority, involves moral turpitude;
   • (b) is an undischarged insolvent;
   • (c) is of unsound mind and stands so declared by a competent court;
   • (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government;
   • (e) has, in the opinion of the State Authority, such financial or other interest in the Board as is likely to affect prejudicially the discharge by him of his functions as a member.

76.

Applications to Board

1. (2) On receipt of an application under sub-section (1), the Board shall, after giving an opportunity of being heard to the applicant and the mental health establishment, pass such order as it deems fit.

78. All proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Board shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

1. (2) If the chairperson is unable to attend a meeting of the Board, any other member chosen by the members present amongst themselves at the meeting, shall preside at the meeting.
2. (3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding shall have a second or casting vote.
3. (4) A member, who has a direct or indirect interest in any matter which is to be decided by the Board, shall disclose the nature of his interest at the first meeting of the Board in which he is present and take no part in the deliberation or decision of the Board with respect to that matter.

1. (2) The Board shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have powers to regulate its own procedure.
2. (3) The Board shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) any other matter which may be prescribed.

81. The Central Authority shall constitute an Expert Committee to prepare a guidance document detailing the manner in which the Mental Health Review Boards shall perform their functions and exercise their powers under this Act.

(a) to register, supervise, review, alter, modify, revoke, cancel and register advance directives; (b) to receive applications for and appoint nominated representatives; (c) to receive applications from persons with mental illness or their nominated representatives or any other interested person in respect of matters under this Act; (d) to adjudicate complaints regarding deficiencies in care and services; (e) to receive and process applications for admission, treatment, supported admission, discharge and leave of absence of persons with mental illness in accordance with the provisions of this Act; (f) to ensure that mental health establishments function in accordance with the provisions of this Act; (g) to conduct inspections of mental health establishments; (h) to advise the State Government on any matter relating to mental healthcare and services in the State; and (i) such other powers and functions as may be prescribed. (2) The Board shall carry out its functions in such manner as may be prescribed.

83.

Grants by Central Government 84. The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Central Authority grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

1. (2) An independent patient may be admitted to a mental health establishment if the medical officer in charge is satisfied that the person requesting admission has the capacity to make mental healthcare and treatment decisions and is willing to be admitted.
2. (3) The medical officer in charge shall ensure that the independent patient is not subjected to any treatment or procedure without his informed consent.
3. (4) An independent patient may, at any time, request to be discharged from the mental health establishment and the medical officer in charge shall discharge the patient, unless the patient is being re-assessed for admission under the provisions of Chapter XII.

1. (1) Any person, who has the capacity to make mental healthcare and treatment decisions, may be admitted to a mental health establishment as an independent patient for treatment of mental illness in accordance with the provisions of this Act.
2. (2) Every person admitted as an independent patient shall be entitled to give informed consent for all aspects of mental healthcare and treatment.
3. (3) The medical officer in charge shall ensure that the person admitted as an independent patient continues to have the capacity to make mental healthcare and treatment decisions.
4. (4) If the medical officer in charge determines that the independent patient has lost the capacity to make mental healthcare and treatment decisions, then such person shall be treated in accordance with the provisions of this Act as applicable to a person with mental illness who does not have the capacity to make mental healthcare and treatment decisions.

1. (1) Any minor who is a person with mental illness shall be admitted to a mental health establishment for care and treatment only after the consent of his guardian is obtained.
2. (2) The medical officer in charge of a mental health establishment shall, before admitting a minor, ensure that the admission of the minor is in the best interests of the minor.
3. (3) The minor shall be provided with care and treatment in an environment that is age-appropriate and in the best interests of the minor.
4. (4) Any admission of a minor under the provisions of this section shall be subject to the provisions of the Act and any other law for the time being in force.

1. (1) An independent patient may be discharged from a mental health establishment—
   • (a) upon his own request; or
   • (b) by the medical officer in charge, if in his opinion, the patient no longer requires inpatient treatment.
2. (2) Where a person is discharged under clause (b) of sub-section (1), the medical officer in charge shall provide the patient with a discharge plan as required under section 98.
3. (3) The mental health establishment shall not detain any independent patient against his will unless such detention is in accordance with the provisions of this Act.

1. (1) In case a person with mental illness has high support needs and is unable to make mental healthcare and treatment decisions, the medical officer in charge of a mental health establishment may admit such person upon the request of his nominated representative or, if the nominated representative is not available, upon the request of a relative or any other person.
2. (2) The medical officer in charge shall assess the person with mental illness and, if he is of the opinion that the person requires inpatient treatment, he may admit the person for a period of up to thirty days.
3. (3) The medical officer in charge shall, within twenty-four hours of admission, inform the Mental Health Review Board of such admission.
4. (4) The Mental Health Review Board shall, within seven days of receiving the information, review the admission to ensure that the process of admission is in accordance with the provisions of this Act.
5. (5) The person admitted under this section shall be reassessed by a psychiatrist or a medical practitioner at the end of thirty days or earlier, and if the patient continues to require inpatient treatment, the provisions of section 90 shall apply.

1. (1) An application for admission of a person with high support needs for a period beyond thirty days shall be submitted to the Mental Health Review Board by the medical officer in charge, along with a report from a psychiatrist or a medical practitioner.
2. (2) The Board shall consider the application and the report, and the patient shall be given an opportunity to be heard, along with his nominated representative or any other person who may be representing him.
3. (3) The Board may, after considering the application and the views of the person, allow the admission for a period of up to ninety days, which may be extended for a further period of up to ninety days at a time.
4. (4) The Board may, at any time, review the admission and, if it is satisfied that the patient no longer requires inpatient treatment, it may order the discharge of the patient.
5. (5) The medical officer in charge shall provide the Mental Health Review Board with periodic reports on the status of the patient as required by the Board.

1. (1) Any person with mental illness, admitted as a patient in a mental health establishment, may be granted leave of absence from such establishment by the medical officer in charge for such period as he may consider necessary for the rehabilitation of the person or for such other purposes as may be prescribed.
2. (2) The leave of absence granted under sub-section (1) may be conditional or unconditional as the medical officer in charge may deem appropriate in the interest of the person with mental illness.
3. (3) The person with mental illness may be accompanied by a nominated representative or a caregiver during the period of leave of absence.
4. (4) In the event of a person with mental illness failing to return to the mental health establishment on the expiry of the period of leave of absence, the medical officer in charge may take such steps as may be prescribed to ensure his return or may discharge him if he fulfills the criteria for discharge.

1. (1) Any person with mental illness, admitted in a mental health establishment, who is absent from such establishment without being granted leave of absence under section 91 or without being discharged under section 88, 89 or 90, may be searched for and taken into custody by any police officer or any other person authorised by the medical officer in charge of the mental health establishment, and shall be returned to the mental health establishment.
2. (2) The police officer or the person authorised by the medical officer in charge shall ensure that in taking the person with mental illness into custody and returning him to the mental health establishment, the person is not subjected to any physical or mental harm.

1. (1) A person with mental illness admitted in a mental health establishment may be transferred to another mental health establishment if, in the opinion of the medical officer in charge, such transfer is necessary for better treatment, care and rehabilitation of the person.
2. (2) Subject to the provisions of sub-section (1), the medical officer in charge shall, before transferring the person, obtain the consent of the person with mental illness or his nominated representative.
3. (3) The medical officer in charge of the mental health establishment from which the person is being transferred shall inform the medical officer in charge of the mental health establishment to which the person is being transferred and ensure that all relevant medical records of the person are sent to the latter.
4. (4) The expenses for the transfer of the person (including the cost of transportation and any medical assistance required during the transfer) shall be borne by the mental health establishment from which the person is being transferred, or by the nominated representative or the family of the person, as may be determined by the rules made under this Act.

1. (1) Notwithstanding anything contained in this Act, in case of an emergency where a person with mental illness requires immediate treatment to prevent death or irreversible harm to his health, or to prevent him from causing serious harm to himself or others, the medical officer in charge may provide such treatment as is immediately necessary.
2. (2) The medical officer in charge shall, as soon as possible after the emergency treatment is provided, inform the nominated representative of the person with mental illness regarding the emergency treatment provided and the reasons for the same.
3. (3) The emergency treatment provided under sub-section (1) shall be the least restrictive alternative to the extent possible and shall be provided for the minimum period necessary.

1. (1) The following procedures shall be prohibited for the treatment of mental illness:
   • (a) electro-convulsive therapy without the use of muscle relaxants and anaesthesia;
   • (b) electro-convulsive therapy for minors;
   • (c) sterilisation of a person with mental illness;
   • (d) chaining of a person with mental illness in any manner whatsoever.
2. (2) Any person who performs any of the procedures mentioned in sub-section (1) shall be liable to be punished under this Act.

1. (1) Psychosurgery shall not be performed on any person with mental illness who is less than eighteen years of age.
2. (2) Psychosurgery shall not be performed on a person with mental illness without—
   • (a) informed consent of the person; and
   • (b) approval of the concerned Mental Health Review Board.

1. (1) No person with mental illness shall be subjected to seclusion or solitary confinement.
2. (2) A medical officer in charge of the mental health establishment may order the use of physical restraints provided that—
   • (a) the use of physical restraints is limited to the least restrictive measure necessary to prevent immediate harm to self or others;
   • (b) it is used for the shortest time absolutely necessary;
   • (c) it is not used as a punishment or for the convenience of others;
   • (d) the use of physical restraints is documented in the medical records of the person;
   • (e) the medical officer in charge monitors the person at regular intervals as per the guidelines approved by the State Authority.
3. (3) The use of physical restraints shall not be used in respect of a person with mental illness who is not a danger to himself or others unless so prescribed.

1. (1) Every mental health establishment shall, in consultation with the person with mental illness or his nominated representative and his family (if available), prepare an individual care plan for the discharge of the person from the mental health establishment.
2. (2) The discharge plan shall focus on the rehabilitation and recovery of the person with mental illness and his transition to community living.
3. (3) The discharge plan shall identify the requirement for long term rehabilitation support, if any, and access to services in the community.
4. (4) The mental health establishment shall assist the person with mental illness in implementing the discharge plan.

1. (1) Research involving persons with mental illness shall be conducted only with the informed consent of the person with mental illness and the approval of the institutional ethics committee.
2. (2) Research involving persons with mental illness who are unable to give informed consent shall be conducted only if—
   • (a) the research has the potential to benefit the person with mental illness;
   • (b) the research cannot be conducted with persons who are able to give informed consent;
   • (c) the research is approved by the institutional ethics committee;
   • (d) the nominated representative of the person gives informed consent.

1. (1) It shall be the duty of every police officer in charge of a police station,—
   • (a) to take into protective custody any person found wandering at large within the limits of the police station whom the officer has reason to believe is a person with mental illness and is incapable of taking care of himself;
   • (b) to take into protective custody any person within the limits of the police station whom the officer has reason to believe is being ill-treated or neglected by the person in charge of him.
2. (2) The police officer shall, within twenty-four hours of taking a person into protective custody under sub-section (1),—
   • (a) inform the nominated representative of such person, if any;
   • (b) produce the person before the Magistrate;
   • (c) provide the person with mental illness basic medical treatment as required and, if necessary, take him to the nearest public health establishment.
3. (3) The Magistrate shall, upon the person being produced under sub-section (2), pass necessary orders to ensure that the person with mental illness receives appropriate mental healthcare and treatment.

1. (1) Where any officer in charge of a police station has reason to believe that any person with mental illness, who is residing in a private residence, is being ill-treated or neglected, such officer shall report the fact to the Magistrate.
2. (2) Upon receipt of a report under sub-section (1), the Magistrate may pass an order directing the medical officer in charge of the nearest mental health establishment to inspect the person with mental illness and to submit a report to him as to whether such person is being ill-treated or neglected and whether he is a person with mental illness.
3. (3) If the Magistrate, after analysis of the report of the medical officer under sub-section (2), has reason to believe that the person is being ill-treated or neglected and is a person with mental illness, the Magistrate may pass an order requiring the person in charge of the private residence to take proper care of such person with mental illness.
4. (4) If the person in charge of the private residence fails to comply with the order of the Magistrate, the Magistrate may order the person with mental illness to be admitted to a mental health establishment, if the medical officer in charge of such establishment thinks it necessary.

1. (1) Where a Magistrate has reason to believe that a person with mental illness is not under proper care and control, or is being ill-treated or neglected by any person having the care of such person, the Magistrate may order the person with mental illness to be produced before him.
2. (2) The Magistrate may appoint a medical officer of a Government hospital or a psychiatrist to examine the person with mental illness and to report on whether such person is a person with mental illness and needs to be admitted to a mental health establishment.
3. (3) After considering the report and after giving the person alleged to have mental illness an opportunity of being heard, if the Magistrate is satisfied that the person with mental illness is not under proper care and control, or is being ill-treated or neglected, he may order the admission of such person to a mental health establishment.
4. (4) Where a person is admitted to a mental health establishment under this section, he shall be dealt with as a supported patient, and the Board shall review the case of such person within one month of such admission.

1. (1) Any prisoner with mental illness shall be provided mental healthcare and treatment.
2. (2) The mental healthcare and treatment of a prisoner with mental illness shall be provided in the mental health establishment established in the prison or any other mental health establishment.
3. (3) The medical officer in charge of the prison shall ensure that all prisoners with mental illness receive appropriate mental healthcare and treatment.
4. (4) The State Government shall ensure that the mental healthcare and treatment of prisoners with mental illness are in accordance with the provisions of this Act.

1. (1) Persons with mental illness in custodial institutions, like beggar homes, children's homes, etc., shall be provided with mental healthcare and treatment.
2. (2) The authority in charge of the custodial institution shall ensure that such persons receive appropriate mental healthcare and treatment.
3. (3) If any person with mental illness in a custodial institution needs to be admitted to a mental health establishment, it shall be done in accordance with the provisions of this Act for supported admission.

1. (1) When a Magistrate or judge has reason to believe that the person before him is a person with mental illness, and that his mental illness may be a relevant factor in the judicial process, the Magistrate or judge may order an assessment of the person's mental health.
2. (2) The assessment shall be conducted by a psychiatrist or a medical practitioner as the Magistrate or judge may deem appropriate.
3. (3) The report of the assessment shall be submitted to the Magistrate or judge, who shall consider the same in the judicial process, in accordance with the law for the time being in force.

No person shall discharge any function of a mental health professional as defined in clause (r) of section 2 unless he possesses the professional qualification as specified in the said clause and is registered as a mental health professional with the concerned State Authority.

1. (1) Any person who establishes or maintains a mental health establishment in contravention of the provisions of this Act or the rules or regulations made thereunder, shall be punishable with a fine which may extend to five lakh rupees for the first contravention, and in the case of a continuing contravention, with a fine which may extend to fifty thousand rupees for every day during which the contravention continues after conviction for the first such contravention.
2. (2) Any person who—
   • (a) knowingly acts in contravention of any of the provisions of this Act or of any rule or regulation made thereunder, or any lawful order or direction of the Authority or Board; or
   • (b) obstructs any person acting under the orders or direction of the Authority or Board; or
   • (c) manipulates or tampers with the records or registers or digital data of the mental health establishment, shall be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to ten thousand rupees, or with both.
3. (3) If any person specified in sub-section (2) repeats the offence, he shall be punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to fifty thousand rupees, or with both.

Any person who contravenes any of the provisions of this Act, or any rule or regulation made thereunder, for which no specific penalty is provided in this Act, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to ten thousand rupees, or with both.

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,—
   • (a) “company” means any body corporate and includes a firm or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm.

The Authority may, for the purpose of discharge of its functions under this Act, by notice in writing, require any mental health establishment to furnish such information as it may consider necessary.

111. The Central Government may, from time to time, give such directions to the Central Authority, and the State Government may, from time to time, give such directions to the State Authority, as it may think fit for the effective administration of this Act and the Authorities shall comply with such directions.

Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Central Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Authority.

1. (2) Upon the publication of a notification under sub-section (1),—
   • (a) all the members of the Central Authority shall, as from the date of supersession, vacate their offices as such;
   • (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Central Authority shall, until the Central Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
   • (c) all property owned or controlled by the Central Authority shall, until the Central Authority is reconstituted under sub-section (3), vest in the Central Government.
2. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may—
   • (a) extend the period of supersession for such further period as it may consider necessary; or
   • (b) reconstitute the Central Authority by fresh appointment and in such case any person who vacated their office under clause (a) of sub-section (2) shall not be deemed disqualified for appointment.

Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the State Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Authority.

1. (2) Upon the publication of a notification under sub-section (1),—
   • (a) all the members of the State Authority shall, as from the date of supersession, vacate their offices as such;
   • (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the State Authority shall, until the State Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the State Government may direct;
   • (c) all property owned or controlled by the State Authority shall, until the State Authority is reconstituted under sub-section (3), vest in the State Government.
2. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may—
   • (a) extend the period of supersession for such further period as it may consider necessary; or
   • (b) reconstitute the State Authority by fresh appointment and in such case any person who vacated their office under clause (a) of sub-section (2) shall not be deemed disqualified for appointment.

114. The Central Government may make special provisions for the implementation of the provisions of this Act in the States located in the north-east region and hill States, taking into account the special circumstances and needs of these States.

1. (2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

116. Bar of jurisdiction.—No civil court shall have jurisdiction in respect of any matter to which the Board or the Authority or the Central Government or the State Government is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

1. (1) The Central Mental Health Authority constituted under section 33 shall, until the period the rules and regulations are made under this Act, discharge the functions of the State Mental Health Authority in the Union territories having no legislature.
2. (2) The Mental Health Review Board shall, until the constitution of Mental Health Review Board in a State, be constituted by the State Authority as soon as possible after the commencement of this Act.
3. (3) The mental health establishments established, owned, controlled or maintained by the Government and registered under the Mental Health Act, 1987 (14 of 1987) shall be deemed to have been registered under this Act for a period of twelve months from the commencement of this Act.

118. Chairperson, members and staff of Authority and Board to be public servants.—The Chairperson, members, officers and other employees of the Central Authority, State Authority and the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

119. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government, State Government, Central Authority, State Authority or the Board or any officer or other employee of the Central Government, State Government, Authority or the Board for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made thereunder.

120. Act to have overriding effect.—The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner of holding meetings of the Central Authority under section 44;
   • (b) the manner of holding meetings of the State Authority under section 56;
   • (c) the procedure for registration, inspection and inquiry of mental health establishments under section 66;
   • (d) the period of time for which the registers are to be maintained by the mental health establishments under section 71;
   • (e) the terms and conditions of service of chairperson and members of the Board under section 75;
   • (f) the manner of conducting proceedings before the Board under section 80;
   • (g) the form and manner of making applications to the Board under section 81;
   • (h) any other matter which is required to be, or may be, prescribed by the Central Government.
2. (3) The State Government may, by notification, make rules for carrying out the provisions of this Act.
3. (4) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for matters not covered under sub-section (2) relating to the State Authority or the Board or any other matter which is required to be, or may be, prescribed by the State Government.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the procedure to be followed for the discharge of functions by the Central Authority;
   • (b) norms for mental health establishments;
   • (c) standards of mental healthcare and services;
   • (d) any other matter which is required to be or may be specified by regulations.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the procedure to be followed for the discharge of functions by the State Authority;
   • (b) the procedure for registration of mental health professionals under section 55;
   • (c) any other matter which is required to be or may be specified by regulations.

124. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.

1. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) The Mental Health Act, 1987 (14 of 1987) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken or any notification issued or any appointment made under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done, taken, issued or made under the corresponding provisions of this Act.