Mental Healthcare Act, 2017

Bare Act · 2017

An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.

In the syllabus of: Tamil Nadu APO · Telangana Civil Judge · Telangana Higher Judiciary

Act number: 10 of 2017
Enacted: 7 April 2017
Contents: 126 sections · 16 chapters

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Chapter I — Preliminary

Chapter II — Mental Illness And Capacity To Make Mental Healthcare And Treatment Decisions

Chapter III — Advance Directive

Chapter IV — Nominated Representative

Chapter V — Rights Of Persons With Mental Illness

Section 18 – Right to access mental healthcare (preview)
Section 19 – Right to community living (preview)
Section 20 – Right to protection from cruel, inhuman and degrading treatment (preview)
Section 21 – Right to equality and non-discrimination (preview)
Section 22 – Right to information (preview)
Section 23 – Right to confidentiality (preview)
Section 24 – Restriction on release of information in respect of mental illness (preview)
Section 25 – Right to access medical records (preview)
Section 26 – Right to personal contacts and communication (preview)
Section 27 – Right to legal aid (preview)
Section 28 – Right to make complaints about deficiencies in provision of services (preview)

Chapter VI — Duties Of Appropriate Government

Chapter X — Mental Health Establishments

Chapter XI — Mental Health Review Boards

Section 73 – Constitution of Mental Health Review Boards (preview)
Section 74 – Composition of Board (preview)
Section 75 – Terms and conditions of service of chairperson and members of Board (preview)
Section 76 – Decisions of Authority and Board (preview)
Section 77 – Applications to Board (preview)
Section 78 – Proceedings before Board to be judicial proceedings (preview)
Section 79 – Meetings (preview)
Section 80 – Proceedings before Board (preview)
Section 81 – Central Authority to appoint Expert Committee to prepare guidance document (preview)
Section 82 – Powers and functions of Board (preview)
Section 83 – Appeal to High Court against order of Authority or Board (preview)
Section 84 – Grants by Central Government (preview)

Chapter XII — Admission, Treatment And Discharge

Chapter XIII — Responsibilities Of Other Agencies

Chapter XIV — Restriction To Discharge Functions By Professionals Not Covered By Profession

Section 106 – Restriction to discharge functions by professionals not covered by profession (preview)

Chapter XV — Offences And Penalties

Chapter XVI — Miscellaneous

Section 110 – Power to call for information (preview)
Section 111 – Power of Central Government to issue directions (preview)
Section 112 – Power of Central Government to supersede Central Authority (preview)
Section 113 – Power of State Government to supersede State Authority (preview)
Section 114 – Special provisions for States in north-east and hill States (preview)
Section 115 – Presumption of severe stress in case of attempt to commit suicide (preview)
Section 116 – Bar of jurisdiction (preview)
Section 117 – Transitory provisions (preview)
Section 118 – Chairperson, members and staff of Authority and Board to be public servants (preview)
Section 119 – Protection of action taken in good faith (preview)
Section 120 – Act to have overriding effect (preview)
Section 121 – Power of Central Government and State Governments to make rules (preview)
Section 122 – Power of Central Authority to make regulations (preview)
Section 123 – Power of State Authority to make regulations (preview)
Section 124 – Laying of rules and regulations (preview)
Section 125 – Power to remove difficulties (preview)
Section 126 – Repeal and saving (preview)