843

Panaji, 28th June, 2018 (Asadha 7, 1940)

SERIES I No. 13

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

Department

Notification/Order

Subject

Pages

1. Civil Supplies and

Not.- DCS/S/Ker/PF/

Revised fixation of wholesale & retail price of 843

Consumer Affairs

/2018-19/150

Superior Kerosene Oil.

Dir. & ex officio Jt. Secy.

2.a. Law & Judiciary

Not.- 10/6/2018-LA-118

The Commercial Courts, Commercial Division

844

Additonal Secretary

and Commercial Appellate Division of High

Courts (Amendment) Ordinance, 2018.

b. —do—

Not.- 10/8/2017-LA-183g

The Mental, Healthcare Act, 2017.

848

Joint Secretary

3. Provedoria

Not.- 1/161/2013/IPA/Vol-II

RR— Institute of Public Assistance.

900

Joint Director

INDEX

There is one Extraordinary issue to the Official Gazette, Series I No. 12 dated 21-6-2018 as follows, Extraordinary dated

26-6-2018 from pages 839 to 842 from Department of Finance (Revenue and Control Division) Not. No. 1-49-2017-18/DSSL/

/Part/1144 regarding Online Weekly Lottery Scheme.

NOTE

Department of Civil Supplies and Consumer Affairs

___

Notification

DCS/S/Ker/PF/2018-19/150

In pursuance of clause 3 read with sub-clause (d)(i) of clause 2 of Kerosene Fixation of

Ceiling Price Order (1993), the Government of Goa hereby directs that maximum wholesale

& retail price for domestic purpose of Superior Kerosene Oil stands revised as under with effect

from 16-6-2018. This Notification supersedes earlier Notification No. DCS/S/KER/PF/2018-19/

/109 dated 23-05-2018.

Sr.

Taluka

Wholesale Price

Retail Price

No.

per kilo litre

per litre

including GST

& Green Cess

Existing

Revised

Existing

Revised

Tiswadi

Rs. 25393.91

Rs. 25924.17

Rs. 28.00

Rs. 28.50

Chorao

Rs. 25425.41

Rs. 25955.67

Rs. 28.00

Rs. 28.50

Diwar

Rs. 25425.41

Rs. 25955.67

Rs. 28.00

Rs. 28.50

Salcete

Rs. 24901.54

Rs. 25431.80

Rs. 27.50

Rs. 28.00

Bardez

Rs. 25549.39

Rs. 26079.65

Rs. 28.25

Rs. 28.75

Corjuvem

Rs. 25549.39

Rs. 26079.65

Rs. 28.25

Rs. 28.75

Mormugao

Rs. 24713.66

Rs. 25243.93

Rs. 27.25

Rs. 27.75

Ponda

Rs. 25005.20

Rs. 25535.46

Rs. 27.50

Rs. 28.00

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 13

28TH JUNE, 2018

844

Quepem

Rs. 25154.20

Rs. 25684.46

Rs. 27.75

Rs. 28.25

Bicholim

Rs. 25562.35

Rs. 26092.61

Rs. 28.25

Rs. 28.75

Pernem

Rs. 25853.88

Rs. 26384.14

Rs. 28.50

Rs. 29.00

Canacona

Rs. 25452.21

Rs. 25982.47

Rs. 28.00

Rs. 28.50

10.

Sanguem

Rs. 25296.73

Rs. 25826.99

Rs. 28.00

Rs. 28.50

11.

Satari

Rs. 25452.21

Rs. 25982.47

Rs. 28.00

Rs. 28.50

12.

Dharbandora

Rs. 25296.73

Rs. 25826.99

Rs. 28.00

Rs. 28.50

By order and in the name of the Governor of Goa.

Mahesh V. Corjuenkar, Director & ex officio Jt. Secretary (Civil Supplies & Consumer Affairs).

Panaji, 22nd June, 2018.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

Notification

10/6/2018-LA-118

The Commercial Courts, Commercial

Division and Commercial Appellate Division of

High Courts (Amendment) Ordinance, 2018

(Ordinance No. 3 of 2018), which has been

promulgated by the President in the Sixty-

-ninth Year of the Republic of India and

published in the Gazette of India,

Extraordinary, Part II, Section I, dated

3-5-2018, is hereby published for the general

information of the public.

S. G. Marathe, Additional Secretary (Law).

Porvorim, 7th June, 2018.

—————

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 3rd May, 2018/Vaishaka 13,

1940 (Saka)

————

THE COMMERCIAL COURTS, COMMER-

CIAL DIVISION AND COMMERCIAL

APPELLATE DIVISION OF HIGH COURTS

(AMENDMENT) ORDINANCE, 2018

————

No. 3 of 2018

Promulgated by the President in the Sixty-

-ninth Year of the Republic of India.

An Ordinance to amend the Commercial

Courts, Commercial Division and Commercial

Appellate Division of High Courts Act, 2015.

Whereas Parliament is not in session and

the President is satisfied that circumstances

exist which render it necessary for him to take

immediate action;

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

1. Short title and commencement.— (1) This

Ordinance may be called the Commercial

Courts, Commercial Division and Commercial

Appellate

Division

High

Courts

(Amendment) Ordinance, 2018.

(2) Save as otherwise provided, it shall

come into force at once.

2. Amendment of long title.— In

the Commercial Courts, Commercial

Division and Commercial Appellate

Division of High Courts Act, 2015

(hereinafter referred to as the

principal Act), in the long title, after

the words “Commercial Courts”, the

words “,Commercial Appellate

Courts” shall be inserted.

3. Amendment of section 1.— In section 1

of the principal Act, for sub-section (1), the

following sub-section shall be substituted,

namely:—

4 of 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 13

28TH JUNE, 2018

845

“(1) This Act may be called the

Commercial Courts Act, 2015.”.

4. Amendment of section 2.— In section 2

of the principal Act, in sub-section (1),—

(I) clause (a) shall be renumbered as

clause (aa) thereof, and before clause (aa)

as so renumbered, the following clause shall

be inserted, namely:—

‘(a) “Commercial Appellate Courts”

means the Commercial Appellate Courts

designated under section 3A;’;

(II) In clause (i), for the words “which

shall not be less than one crore rupees”, the

word, “which shall not be less than three

lakh rupees” shall be substituted.

5. Substitution of Chapter heading.— In the

principal Act, in Chapter II, for the Chapter

heading, the following Chapter heading shall

be substituted, namely:—

“COMMERCIAL COURTS, COMMER-

CIAL APPELLATE COURTS, COMMERCIAL

DIVISIONS AND COMMERCIAL APPE-

LLATE DIVISIONS”.

6. Amendment of section 3.— In section 3

of the principal Act,—

(a) in sub-section (1), for the proviso, the

following provisos shall be substituted,

namely:—

“Provided that with respect to the High

Courts having ordinary original civil

jurisdiction, the State Government may,

after consultation with the concerned

High Court, by notification, constitute

Commercial Courts at the District Judge

level:

Provided further that with respect to a

territory over which the High Courts have

ordinary original civil jurisdiction, the

State Government may, by notification,

specify such pecuniary value which shall

not be less than three lakh rupees and

not more than the pecuniary jurisdiction

exercisable by the District Courts, as it

may consider necessary.”;

(b) after sub-section (1), the following

sub-section shall be inserted, namely:—

“(1A) Notwithstanding anything

contained in this Act, the State

Government may, after consultation with

concerned High Court, by notification,

specify such pecuniary value which shall

not be less than three lakh rupees of such

higher value, for whole or part of the State,

as it may consider necessary.”;

(i) for the words “State Government

shall”, the words “State Government

may” shall be substituted;

(ii) for the words “Commercial Court,

from amongst the cadre of Higher

Judicial Service in the State”, the

following words shall be substituted,

namely:—

“Commercial Court either at the

level of District Judge or a court below

the level of a District Judge.”.

7. Insertion of new section 3A.— After

section 3 of the principal Act, the following

section shall be inserted, namely:—

“3A. Designation of Commercial Appellate

Courts.— Except the territories over which

the High Courts have ordinary original civil

jurisdiction, the State Government may,

after consultation with the concerned High

Court, by notification, designate such

number of Commercial Appellate Courts

at District Judge level, as it may deem

necessary, for the purposes of exercising the

jurisdiction and powers conferred on those

Courts under this Act.”.

8. Amendment of section 4.— In section 4

of the principal Act, in sub-section (1), for the

words “ordinary civil jurisdiction”, the words

“ordinary original civil jurisdiction” shall be

substituted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 13

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846

9. Omission of section 9.— Section 9 of the

principal Act shall be omitted.

10. Amendment of section 12.— In section

12 of the principal Act, in sub-section (1),—

(i) in clause (c), after the words “Specified

Value;”, the word “and” shall be inserted;

(ii) in clause (d), the word “and”,

occurring at the end shall be omitted;

(iii) clause (e) shall be omitted.

11. Insertion of new Chapter IIIA.— After

Chapter III of the principal Act, the following

Chapter shall be inserted, namely:—

“CHAPTER IIIA

Pre-Institution Mediation and Settlement

12A. Pre-Institution Mediation and

Settlement.— (1) A suit, which does not

contemplate any urgent interim relief under

this Act, shall not be instituted unless the

plantiff exhausts the remedy of pre-institution

mediation in accordance with such manner

and procedure as may be prescribed by rules

made by the Central Government.

(2) The Central Government may,

by notification, authorise the

Authorities constituted under the

Legal Services Authorities Act, 1987,

for the purposes of pre-institution

mediation.

(3) Notwithstanding anything

contained in the Legal Services

Authorities Act, 1987, the Authority

authorised

the

Central

Government under sub-section (2),

shall complete the process of

mediation within a period of three

months from the date of application

made by the plaintiff under sub-

-section (1):

Provided that the period of mediation may

be extended for a further period of two months

with the consent of the parties:

Provided further that, the period

during which the parties remained

occupied with the pre-institution

mediation, such period shall not be

computed for the purpose of

limitation under the Limitation Act,

1963.

(4) If the parties to the commercial dispute

arrive at a settlement, the same shall be

reduced into writing and shall be signed by

the parties to the dispute and the mediator.

(5) The settlement arrived at under

this section shall have the same

status and effect as if it is an arbitral

award on agreed terms under sub-

-section (4) of section 30 of the

Arbitration and Concilation Act,

1996.”.

12. Amendment of section 13.— In section

13 of the principal Act, for sub-section (1), the

following shall be substituted, namely:—

“(1) Any person aggrieved by the

judgment or order of a Commercial Court

below the level of a District Judge may

appeal to the Commercial Appellate Court

within a period of sixty days from the date

of judgement or order.

(1A) Any person aggrieved by the

judgment or order of a Commercial Court

at the level of District Judge exercising

original civil jurisdiction or, as the case

may be, Commercial Division of a High

Court may appeal to the Commercial

Appellate Division of that High Court

within a period of sixty days from the date

of the judgment or order:

Provided that an appeal shall

lie from such orders passed by a

Commercial Division or a

Commercial Court that are

specifically enumerated under

Order XLIII of the Code of Civil

Procedure, 1908 as amended by

this Act and section 37 of the

Arbitration and Conciliation Act,

1996.”.

39 of 1987.

36 of 1963.

26 of 1996.

5 of 1908.

26 of 1996.

OFFICIAL GAZETTE — GOVT. OF GOA

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847

13. Amendment of section 14.— In section

14 of the principal Act, for the words

“Commercial Appellate Division”, the words

“Commercial Appellate Court and the

Commercial Appellate Division” shall be

substituted.

14. Amendment of section 15.— In section

15 of the principal Act, in sub-section (4),

for the words, figures and letter “with Order

XIV-A”, the words, figures and letters “with

Order XV-A” shall be substituted.

15. Amendment of section 17.— In section

17 of the principal Act, for the words

“Commercial Courts” and “Commercial

Court”, wherever they occur, the words

“Commercial Courts, Commercial Appellate

Courts” shall be substituted.

16. Amendment of section 20.— In section

20 of the principal Act, for the words

“Commercial Court”, the words “Commercial

Courts, Commercial Appellate Courts” shall

be substituted.

17. Insertion of new section 21A.— After

section 21 of the principal Act, the following

section shall be inserted, namely:—

“21A. Power of Central Government to

make rules.— (1) The Central Government

may, by notification, make rules for carrying

out the provisions of this Act.

(2) In particular, and without prejudice

to the generality of the foregoing power,

such rules may provide for or any of the

following matters, namely:—

(a) the manner and procedure of pre-

-institution mediation under sub-section (1)

of section 12A;

(b) any other matter which is required to

be, or may be, prescribed or in respect of

which provision is to be made by rules

made by the Central Government.

(3) Every rule made by the Central

Government under this Act shall be laid, as

soon as may be after it is made, before each

House of the 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 both Houses agree that the rule

should not be made, the rule 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.”.

18. Amendment of Schedule.— In the

Schedule to the principal Act,—

(i) in paragraph 4, in sub-paragraph (D) in

item (iv),—

(a) in the opening portion, the words

“after the first proviso,” shall be omitted.

(b) for the words “Provided further that”,

the words “Provided that” shall be

substituted.

(ii) in paragraph 11, for the words

“Commercial Court”, the words “Commercial

Court, Commercial Appellate Court” shall be

substituted.

(iii) after paragraph 11, the following shall

be inserted and shall be deemed to have been

inserted with effect from the 23rd October,

2015, namely:—

“12. After Appendix H, the following

Appendix shall be inserted, namely:—

‘APPENDIX-I

Statement of Truth

(Under First Schedule, Order VI-Rule 15A and

Order XI-Rule 3)

I ......... the deponent do hereby solemnly affirm

and declare as under:—

1. I am the party in the above suit and competent

to swear this affidavit.

2. I am sufficiently conversant with the facts of

the case and have also examined all relevant

documents and records in relation thereto.

OFFICIAL GAZETTE — GOVT. OF GOA

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848

3. I say that the statements made in ...........

paragraphs are true to my knowledge and statements

made in ...................... paragraphs are based on

information received which I believe to be correct

and statements made in ............. paragraphs are

based on legal advice.

4. I say that there is no false statement or

concealment of any material fact, document or record

and I have included information that is according to

me, relevant for the present suit.

5. I say that all documents in my power,

possession, control or custody, pertaining

to the facts and circumstances of the proceedings

initiated by me have been disclosed and copies

thereof annexed with the plaint, and that I do not

have any other documents in any power, possession,

control or custody.

6. I say that the above mentioned pleading

comprises of a total of ...................... pages, each of

which has been duly signed by me.

7. I state that the Annexures hereto are true copies

of the documents referred to and relied upon by me.

8. I say that I am aware that for any false

statement or concealment, I shall be liable for

action taken against me under the law for the

time being in force.

Place:

DEPONENT

Date:

VERIFICATION

I, ............................................ do hereby declare that

the statements made above are true to my

knowledge.

Verified at (place) on this (date)

DEPONENT”.’.

19. Application of Ordinance to cases filed

on or after its commencement.— Save as

otherwise provided, the provisions of this

Ordinance shall apply only to cases relating

to commercial disputes filed on or after the

date of commencement of this Ordinance.

RAM NATH KOVIND,

President.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Notification

10/8/2017-LA/183g

The Mental Healthcare Act, 2017 (Central

Act No. 10 of 2017), which has been passed

by Parliament and assented to by the

President on 07-04-2017 and published in the

Gazette of India, Extraordinary, Part II, Section

1, dated 07-04-2017, is hereby published for

the general information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 16th October, 2017.

————

THE MENTAL HEALTHCARE ACT, 2017

CHAPTER I

Preliminary

Sections

1. Short title and commencement.

2. Definitions.

CHAPTER II

Mental Illness and capacity to make mental

healthcare and treatment decisions

3. Determination of mental illness.

4. Capacity to make mental healthcare and

treatment decisions.

CHAPTER III

Advance Directive

5. Advance directive.

6. Manner of making advance directive.

7. Maintenance of online register.

8. Revocation, amendment or cancellation of

advance directive.

9. Advance directive not to apply to emergency

treatment.

10. Duty to follow advance directive.

11. Power to review, alter, modify or cancel

advance directive.

12. Review of advance directives.

13. Liability of medical health professional in

relation to advance directive.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 13

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849

Sections

CHAPTER IV

Nominated Representative

14. Appointment and revocation of nominated

representative.

15. Nominated representative of minor.

16. Revocation, alteration, etc., of nominated

representative by Board.

17. Duties of nominated representative.

CHAPTER V

Rights of Persons with Mental Illness

18. Right to access mental healthcare.

19. Right to community living.

20. Right to protection from cruel, inhuman and

degrading treatment.

21. Right to equality and non-discrimination.

22. Right to information.

23. Right to confidentiality.

24. Restriction on release of information in respect

of mental illness.

25. Right to access medical records.

26. Right to personal contacts and communication.

27. Right to legal aid.

28. Right to make complaints about deficiencies

in provision of services.

CHAPTER VI

Duties of Appropriate Government

29. Promotion of mental health and preventive

programmes.

30. Creating awareness about mental health and

illness and reducing stigma associated with

mental illness.

31. Appropriate Government to take measures as

regard to human resource development and

training, etc.

32. Co-ordination within appropriate Government.

CHAPTER VII

Central Mental Health Authority

33. Establishment of Central Authority.

34. Composition of Central Authority.

35. Term of office, salaries and allowances of

chairperson and members.

Sections

36. Resignation.

37. Filling of vacancies.

38. Vacancies, etc., not to invalidate proceedings

of Central Authority.

39. Member not to participate in meetings in

certain cases.

40. Officers and other employees of Central

Authority.

41. Functions of chief executive officer of Central

Authority.

42. Transfer of assets, liabilities of Central

Authority.

43. Functions of Central Authority.

44. Meetings of Central Authority.

CHAPTER VIII

State Mental Health Authority

45. Establishment of State Authority.

46. Composition of State Authority.

47. Term of office, salaries and allowances of

chairperson and other members.

48. Resignation.

49. Filling of vacancies.

50. Vacancies, etc., not to invalidate proceedings

of State Authority.

51. Member not to participate in meeting in certain

cases.

52. Officers and other employees of State Authority.

53. Functions of chief executive officer of State

Authority.

54. Transfer of assets, liabilities of State Authority.

55. Functions of State Authority.

56. Meeting of State Authority.

CHAPTER IX

Finance, Accounts and Audit

57. Grants by Central Government to Central

authority.

58. Central Mental Health Authority Fund.

59. Accounts and audit of Central Authority.

60. Annual report of Central Authority.

61. Grants by State Government.

62. State Mental Health Authority Fund.

63. Accounts and audit of State Authority.

64. Annual report of State Authority.

OFFICIAL GAZETTE — GOVT. OF GOA

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850

Sections

CHAPTER X

Mental Health Establishments

65. Registration of mental health establishment.

66. Procedure for registration, inspection and

inquiry of mental health establishments.

67. Audit of mental health establishment.

68. Inspection and inquiry.

69. Appeal to High Court against order of

Authority.

70. Certificates, fees and register of mental health

establishments.

71. Maintenance of register of mental health

establishment in digital format.

72. Duty of mental health establishment to display

information.

CHAPTER XI

Mental Health Review Boards

73. Constitution of Health Review Boards.

74. Composition of Board.

75. Terms and conditions of service of chairperson

and members of Board.

76. Decisions of Authority and Board.

77. Applications to Board.

78. Proceedings before Board to be judicial

proceedings.

79. Meetings.

80. Proceedings before Board.

81. Central Authority to appoint Expert Committee

to prepare guidance document.

82. Powers and functions of Board.

83. Appeal to High Court against order of

Authority or Board.

84. Grants by Central Government.

CHAPTER XII

Admission, Treatment and Discharge

85. Admission of person with mental illness as

independent patient in mental health

establishment.

86. Independent admission and treatment.

87. Admission of minor.

88. Discharge of independent patients.

89. Admission and treatment of persons with

mental illness, with high support needs, in

mental health establishment, up to thirty days

(Supported admission).

90. Admission and treatment of persons with

mental illness, with high support needs, in

Sections

metal health establishment, beyond thirty days

(supported admission beyond thirty days).

91. Leave of absence.

92. Absence without leave or discharge.

93. Transfer of persons with mental illness from one

mental health establishment to another mental

health establishment.

94. Emergency treatment.

95. Prohibited procedures.

96. Restriction on psychosurgery for persons with

mental illness.

97. Restraints and seclusion.

98. Discharge planning.

99. Research.

CHAPTER XIII

Responsibilities of Other Agencies

100. Duties of Police officers in respect of persons

with mental illness.

101. Report to Magistrate of person with mental

illness in private residence who is ill-treated

or neglected.

102. Conveying or admitting person with mental

illness to mental health establishment by

Magistrate.

103. Prisoners with mental illness.

104. Persons in custodial institutions.

105. Question of mental illness in judicial process.

CHAPTER XIV

Restriction to Discharge Functions by Professionals

not Covered by Profession

106. Restriction to discharge functions by

professionals not covered by profession.

CHAPTER XIV

Offences and Penalties

107. Penalties for establishing or maintaining

mental health establishment in contravention

of provisions of this Act.

108. Punishment for contravention of provisions of

the Act or rules or regulations made

thereunder.

OFFICIAL GAZETTE — GOVT. OF GOA

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851

Sections

CHAPTER XVI

Miscellaneous

109. Offences by companies.

110. Power to call for information.

111. Power of Central Government to issue

directions.

112. Power of Central Government to supersede

Central Authority.

113. Power of State Government to supersede State

Authority.

114. Special provisions for States in north east and

hill States.

115. Presumption of severe stress in case of attempt

to commit suicide.

116. Bar of jurisdiction.

117. Transitory provisions.

118. Chairperson, members and staff of Authority

and Board to be public servants.

119. Protection of action taken in good faith.

120. Act to have overriding effect.

121. Power of Central Government and State

Governments to make rules.

122. Power of Central Authority to make

regulations.

123. Power of State Authority to make regulations.

124. Laying of rules and regulations.

125. Power to remove difficulties.

126. Repeal and saving.

————

THE MENTAL HEALTHCARE ACT, 2017

ACT

to provide for mental healthcare and

services for persons with mental illness and

to protect, promote and fulfil the rights of

such persons during delivery of mental

healthcare and services and for matters

connected therewith or incidental thereto.

Whereas the Convention on Rights of

Persons with Disabilities and its Optional

Protocol was adopted on the 13th December,

2006 at United Nations Headquarters in New

York and came into force on the 3rd May, 2008;

And Whereas India has signed and ratified

the said Convention on the 1st day of October,

2007;

And Whereas it is necessary to align and

harmonise the existing laws with the said

Convention.

Be it enacted by Parliament in the Sixty-

-eighth Year of the Republic of India as

follows:-

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Act may be called the Mental

Healthcare Act, 2017.

(2) It shall extend to the whole of India.

(3) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint; or on the date

of completion of the period of nine months

from the date on which the Mental Healthcare

Act, 2017 receives the assent of the President.

2. Definitions.— (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 establish-

ment referred to in sub-clause (i),

established, owned or controlled within

the territory of—

(A) a State, the State Government;

OFFICIAL GAZETTE — GOVT. OF GOA

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852

(B) a Union territory having

legislature, the Government of that

Union territory;

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

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; or

(ii) having a Post-Graduate

degree

Psychology

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 and

approved and recognised by the

Rehabilitation Council of India

Act, 1992 or such recognised

qualifications as may be

prescribed;

(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;

(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;

(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;

(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, 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,

34 of 1992.

35 of 1956.

34 of 1992.

2 of 1974.

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empower to perform the functions of a

Magistrate under this Act;

(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;

(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, 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, and whose

name has been entered in a

State

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, and whose

name has been entered in a

State Register of Homoeopathy,

as defined in clause (i) of sub-

-section (1) of that section;

(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;

(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

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;

(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

India

established under the Nursing

Council of India Act, 1947 and

registered as such with the

relevant nursing council in the

State;

(r) “mental health professional” means—

(i) a psychiatrist as defined in clause (x);

(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;

(s) “mental illness” means a substantial

disorder of thinking, mood, perception,

102 of 1956.

48 of 1970.

59 of 1973.

38 of 1947.

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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;

(t) “minor” means a person who has not

completed the age of eighteen years;

(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;

(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 or such

recognised qualifications, as may

be prescribed;

(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, or

awarded or recognised by the

National Board of Examinations

and included in the First Schedule

to the Indian Medical Council

Act, 1956, or recognised by the

Medical

Council

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;

(z) “regulations” means regulations

made under this Act;

(za) “relative” means any person related

to the person with mental illness by blood,

marriage or adoption;

(zb) “State Authority” means the State

Mental Health Authority established under

section 45.

(2) The words and expressions

used and not defined in this Act but

defined in the Indian Medical

Council Act, 1956 or the Indian

Medicine Central Council Act, 1970

and not inconsistent with this Act

shall have the meanings respectively

assigned to them in those Acts.

CHAPTER II

Mental Illness and Capacity to make Mental

Healthcare and Treatment Decisions

3. Determination of mental illness.—

(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) 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

3 of 1956.

102 of 1956.

48 of 1970.

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covered under this Act or any other law for

the time being in force.

(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 not directly

relevant to mental health status of the

person;

(b) non-conformity with moral, social,

cultural, work or political values or

religious, beliefs prevailing in a person’s

community.

(4) Past treatment or hospitalisation in a

mental health establishment though relevant,

shall not by itself justify any present or future

determination of the person’s mental illness.

(5) The determination of a person’s mental

illness shall alone not imply or be taken to

mean that the person is of unsound mind

unless he has been declared as such by a

competent court.

4. Capacity to make mental healthcare and

treatment decisions.— (1) Every person,

including a person with mental illness shall

be deemed to have capacity to make decisions

regarding his mental health care or treatment

if such person has ability to—

(a) understand the information that is

relevant to take a decision on the treatment

or admission or personal assistance; or

(b)

appreciate

any

reasonably

foreseeable consequence of a decision or

lack of decision on the treatment or

admission or personal assistance; or

clause (a) by means of speech, expression,

gesture or any other means.

(2) The information referred to in sub-

-section (1) shall be given to a person using

simple language, which such person

understands or in sign language or visual aids

or any other means to enable him to

understand the information.

(3) Where a person makes a decision

regarding his mental healthcare or treatment

which is perceived by others as inappropriate

or wrong, that by itself, shall not mean that

the person does not have the capacity to make

mental healthcare or treatment decision, so

long as the person has the capacity to make

mental healthcare or treatment decision under

sub-section (1).

CHAPTER III

Advance Directive

5. Advance directive.— (1) Every person,

who is not a minor, shall have a right to make

an advance directive in writing, specifying

any or all of the following, namely:—

(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;

of precedence, he wants to appoint as his

nominated representative as provided

under section 14.

(2) An advance directive under sub-section

(1) may be made by a person irrespective of

his past mental illness or treatment for the

same.

(3) An advance directive made under sub-

-section (1), shall be invoked only when such

person ceases to have capacity to make mental

health care or treatment decisions and shall

remain effective until such person regains

capacity to make mental healthcare or

treatment decisions.

(4) Any decision made by a person while

he has the capacity to make mental healthcare

and treatment decisions shall over-ride any

previously written advance directive by such

person.

(5) Any advance directive made contrary

to any law for the time being in force shall be

ab initio void.

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6. Manner of making advance directive.—

An advance directive shall be made in the

manner as may be specified by the regulations

made by the Central Authority.

7. Maintenance of online register.— Subject

to the provisions contained in clause (a) of

sub-section (1) of section 91, every Board shall

maintain an online register of all advance

directives registered with it and make them

available to the concerned mental health

professionals as and when required.

8. Revocation, amendment or cancellation

of advance directive.—(1) An advance

directive made under section 6 may be

revoked, amended or cancelled by the person

who made it at any time.

(2) The procedure for revoking, amending

or cancelling an advance directive shall be the

same as for making an advance directive

under section 6.

9. Advance directive not to apply to

emergency treatment.— The advance

directive shall not apply to the emergency

treatment given under section 103 to a person

who made the advance directive.

10. Duly to follow advance directive.— It

shall be the duty of every medical officer in

charge of a mental health establishment and

the psychiatrist in charge of a person’s

treatment to propose or give treatment to a

person with mental illness, in accordance with

his valid advance directive, subject to section

11.

11. Power to review, alter, modify or cancel

advance directive.— (1) Where a mental health

professional or a relative or a care-giver of a

person desires not to follow an advance

directive while treating a person with mental

illness, such mental health professional or the

relative or the care-giver of the person shall

make an application to the concerned Board

to review, alter, modify or cancel the advance

directive.

(2) Upon receipt of the application under

sub-section (1), the Board shall, after giving

an opportunity of hearing to all concerned

parties (including the person whose advance

directive is in question), either uphold, modify,

alter or cancel the advance directive after

taking into consideration the following,

namely:—

(a) whether the advance directive was

made by the person out of his own free will

and free from force, undue influence or

coercion; or

(b) whether the person intended the

advance directive to apply to the present

circumstances, which may be different from

those anticipated; or

well informed to make the decision; or

(d) whether the person had capacity to

make decisions relating to his mental

healthcare or treatment when such

advanced directive was made; or

(e) whether the content of the advance

directive is contrary to other laws or

constitutional provisions.

(3) The person writing the advance

directive and his nominated representative

shall have a duty to ensure that the medical

officer in charge of a mental health

establishment or a medical practitioner or a

mental health professional, as the case may

be, has access to the advance directive when

required.

(4) The legal guardian shall have right to

make an advance directive in writing in

respect of a minor and all the provisions

relating to advance directive, mutatis

mutandis, shall apply to such minor till such

time he attains majority.

12. Review of advance directive.— (1) The

Central Authority shall regularly and

periodically review the use of advance

directives and make recommendations in

respect thereof.

(2) The Central Authority in its review

under sub-section (1) shall give specific

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consideration to the procedure for making an

advance directive and also examine whether

the existing procedure protects the rights of

persons with mental illness.

(3) The Central Authority may modify the

procedure for making an advance directive or

make additional regulations regarding the

procedure for advance directive to protect the

rights of persons with mental illness.

13. Liability of medical health professional

in relation to advance directive.— (1) A

medical practitioner or a mental health

professional shall not be held liable for any

unforeseen consequences on following a valid

advance directive.

(2) The medical practitioner or mental health

professional shall not be held liable for not

following a valid advance directive, if he has

not been given a copy of the valid advance

directive.

CHAPTER IV

Nominated Representative

14. Appointment and revocation of

nominated representative.— (1) Notwith-

standing anything contained in clause (c) of

sub-section (1) of section 5, every person who

is not a minor, shall have a right to appoint a

nominated representative.

(2) The nomination under sub-section (1)

shall be made in writing on plain paper with

the person’s signature or thumb impression

of the person referred to in that sub-section.

(3) The person appointed as the nominated

representative shall not be a minor, be

competent to discharge the duties or perform

the functions assigned to him under this Act,

and give his consent in writing to the mental

health professional to discharge his duties and

perform the functions assigned to him under

this Act.

(4) Where no nominated representative is

appointed by a person under sub-section (1),

the following persons for the purposes of this

Act in the order of precedence shall be

deemed to be the nominated representative

of a person with mental illness, namely:—

(a) the individual appointed as the

nominated representative in the advance

directive under clause (c) of sub-section (1)

of section 5; or

(b) a relative, or if not available or not

willing to be the nominated representative

of such person; or

willing to be the nominated representative

of such person; or

(d) a suitable person appointed as such

by the concerned Board; or

(e) if no such person is available to be

appointed as a nominated representative,

the Board shall appoint the Director,

Department of Social Welfare, or his

designated

representative,

the

nominated representative of the person with

mental illness:

Provided

that

person

representing

organisation

registered under the Societies

Registration Act, 1860 or any other

law for the time being in force,

working for persons with mental

illness, may temporarily be engaged

by the mental health professional to

discharge the duties of a nominated

representative pending appointment

of a nominated representative by

the concerned Board.

(5) The representative of the organisation,

referred to in the proviso to sub-section (4),

may make a written application to the medical

officer in charge of the mental health

establishment or the psychiatrist in charge of

the person’s treatment, and such medical

officer or psychiatrist, as the case may be, shall

accept him as the temporary nominated

representative, pending appointment of a

nominated representative by the concerned

Board.

(6) A person who has appointed any person

as his nominated representative under this

21 of 1860.

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section may revoke or alter such appointment

at any time in accordance with the procedure

laid down for making an appointment of

nominated representative under sub-section (1).

(7) The Board may, if it is of the opinion that

it is in the interest of the person with mental

illness to do so, revoke an appointment made

by it under this section, and appoint a different

representative under this section.

(8) The appointment of a nominated

representative, or the inability of a person with

mental illness to appoint a nominated

representative, shall not be construed as the

lack of capacity of the person to take decisions

about his mental healthcare or treatment.

(9) All persons with mental illness shall have

capacity to make mental healthcare or

treatment decisions but may require varying

levels of support from their nominated

representative to make decisions.

15. Nominated representative of minor.— (1)

Notwithstanding anything contained in

section 14, in case of minors, the legal

guardian

shall

their

nominated

representative, unless the concerned Board

orders otherwise under sub-section (2).

(2) Where on an application made to the

concerned Board, by a mental health

professional or any other person acting in the

best interest of the minor, and on evidence

presented before it, the concerned Board is of

the opinion that,—

(a) the legal guardian is not acting in the

best interests of the minor; or

(b) the legal guardian is otherwise not fit

to act as the nominated representative of

the minor, it may appoint, any suitable

individual who is willing to act as such, the

nominated representative of the minor with

mental illness:

Provided that in case no individual is

available for appointment as a nominated

representative, the Board shall appoint the

Director in the Department of Social Welfare

of the State in which such Board is located, or

his nominee, as the nominated representative

of the minor with mental illness.

16. Revocation, alteration, etc., of nominated

representative by Board.— The Board, on an

application made to it by the person with

mental illness, or by a relative of such person,

or by the psychiatrist responsible for the care

of such person, or by the medical officer in

charge of the mental health establishment

where the individual is admitted or proposed

to be admitted, may revoke, alter or modify

the order made under clause (e) of sub-section

(4) of section 14 or under sub-section (2) of

section 15.

17. Duties of nominated representative.—

While fulfilling his duties under this Act, the

nominated representative shall—

(a) consider the current and past wishes,

the life history, values, cultural background

and the best interests of the person with

mental illness;

(b) give particular credence to the views

of the person with mental illness to

the extent that the person understands

the nature of the decisions under

consideration;

mental illness in making treatment

decisions under section 89 or section 90;

(d) have right to seek information on

diagnosis and treatment to provide

adequate support to the person with mental

illness;

(e) have access to the family or home

based rehabilitation services as provided

under clause (c) of sub-section (4) of section

18 on behalf of and for the benefit of the

person with mental illness;

(f) be involved in discharge planning

under section 98;

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(g) apply to the mental health

establishment for admission under section

87 or section 89 or section 90;

(h) apply to the concerned Board on

behalf of the person with mental illness for

discharge under section 87 or section 89 or

section 90;

(i) apply to the concerned Board against

violation of rights of the person with mental

illness in a mental health establishment;

(j) appoint a suitable attendant under

sub-section (5) or sub-section (6) of section

87;

(k) have the right to give or withhold

consent for research under circumstances

mentioned under sub-section (3) of section 99.

CHAPTER V

Rights of Persons with Mental Illness

18. Right to access mental health care.— (1)

Every person shall have a right to access

mental health care and treatment from mental

health services run or funded by the

appropriate Government.

(2) The right to access mental healthcare

and treatment shall mean mental health

services of affordable cost, of good quality,

available in sufficient quantity, accessible

geographically, without discrimination on the

basis of gender, sex, sexual orientation,

religion, culture, caste, social or political

beliefs, class, disability or any other basis and

provided in a manner that is acceptable to

persons with mental illness and their families

and care-givers.

(3) The appropriate Government shall make

sufficient provision as may be necessary, for a

range of services required by persons with

mental illness.

(4) Without prejudice to the generality of

range of services under sub-section (3), such

services shall include—

(a) provision of acute mental healthcare

services such as outpatient and inpatient

services;

(b) provision of half-way homes, sheltered

accommodation, supported accommodation

as may be prescribed;

to support family of person with mental

illness or home based rehabilitation;

(d) hospital and community based

rehabilitation establishments and services

as may be prescribed;

(e) provision for child mental health

services and old age mental health services.

(5) The appropriate Government shall,—

(a) integrate mental health services into

general healthcare services at all levels of

healthcare including primary, secondary

and tertiary healthcare and in all health

programmes run by the appropriate

Government;

(b) provide treatment in a manner, which

supports persons with mental illness to live

in the community and with their families;

mental health establishment for treatment

of mental illness shall be used only in

exceptional circumstances, for as short a

duration as possible, and only as a last resort

when appropriate community based

treatment has been tried and shown to have

failed;

(d) ensure that no person with mental

illness (including children and older

persons) shall be required to travel long

distances to access mental health services

and such services shall be available close

to a place where a person with mental

illness resides;

(e) ensure that as a minimum, mental

health services run or funded by

Government shall be available in each

district;

(f) ensure, if minimum mental health

services specified under sub-clause (e) of

sub-section (4) are not available in the

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district where a person with mental illness

resides, that the person with mental illness

is entitled to access any other mental health

service in the district and the costs of

treatment at such establishments in that

district will be borne by the appropriate

Government:

Provided that till such time the services

under this sub-section are made available

in a health establishment run or funded

by the appropriate Government, the

appropriate Government shall make rules

regarding reimbursement of costs of

treatment

such

mental

health

establishment.

(6) The appropriate Government shall make

available a range of appropriate mental health

services specified under sub-section (4) of

section 18 at all general hospitals run or

funded by such Government and basic and

emergency mental healthcare services shall

be available at all community health centres

and upwards in the public health system run

or funded by such Government.

(7) Persons with mental illness living below

the poverty line whether or not in possession

of a below poverty line card, or who are

destitute or homeless shall be entitled to

mental health treatment and services free of

any charge and at no financial cost at all mental

health establishments run or funded by the

appropriate Government and at other mental

health establishments designated by it.

(8) The appropriate Government shall

ensure that the mental health services shall

he of equal quality to other general health

services and no discrimination be made in

quality of services provided to persons with

mental illness.

(9) The minimum quality standards of

mental health services shall be as specified

by regulations made by the State Authority.

(10) Without prejudice to the generality of

range of services under sub-section (3) of

section 18, the appropriate Government shall

notify Essential Drug List and all medicines

on the Essential Drug List shall be made

available free of cost to all persons with mental

illness at all times at health establishments run

or funded by the appropriate Government

starting from Community Health Centres and

upwards in the public health system:

Provided that where the health professional

ayurveda,

yoga,

unani,

siddha,

homoeopathy or naturopathy systems

recognised by the Central Government are

available in any health establishment, the

essential medicines from any similar list

relating to the appropriate ayurvada, yoga,

unani, siddha, homoeopathy or naturopathy

systems shall also be made available free of

cost to all persons with mental illness.

(11) The appropriate Government shall take

measures to ensure that necessary budgetary

provisions in terms of adequacy, priority,

progress and equity are made for effective

implementation of the provisions of this

section.

Explanation.— For the purposes of sub-

-section (11), the expressions—

(i) “adequacy” means in terms of how

much is enough to offset inflation;

(ii) “priority” means in terms of compared

to other budget heads;

(iii) “equity” means in terms of fair

allocation of resources taking into account

the health, social and economic burden of

mental illness on individuals, their families

and care-givers;

(iv) “progress” means in terms of

indicating an improvement in the State’s

response.

19. Right to community living.— (1) Every

person with mental illness shall,—

(a) have a right to live in, be part of and

not be segregated from society and

(b) not continue to remain in a mental

health establishment merely because he

does not have a family or is not accepted by

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his family or is homeless or due to absence

of community based facilities.

(2) Where it is not possible for a mentally ill

person to live with his family or relatives, or

where a mentally ill person has been

abandoned by his family or relatives, the

appropriate Government shall provide support

as appropriate including legal aid and to

facilitate exercising his right to family home

and living in the family home.

(3) The appropriate Government shall,

within a reasonable period, provide for or

support the establishment of less restrictive

community based establishments including

half-way homes, group homes and the like for

persons who no longer require treatment in

more restrictive mental health establishments

such as long stay mental hospitals.

20. Right to protection from cruel, inhuman

and degrading treatment.— (1) Every person

with mental illness shall have a right to live

with dignity.

(2) Every person with mental illness shall

be protected from cruel, inhuman or

degrading treatment in any mental health

establishment and shall have the following

rights, namely:—

(a) to live in safe and hygienic environment;

(b) to have adequate sanitary conditions;

recreation, education and religious

practices;

(d) to privacy;

(e) for proper clothing so as to protect

such person from exposure of his body to

maintain his dignity;

(f) to not be forced to undertake work in

a mental health establishment and to receive

appropriate remuneration for work when

undertaken;

(g) to have adequate provision for

preparing for living in the community;

(h) to have adequate provision for

wholesome food, sanitation, space and

access to articles of personal hygiene, in

particular, women’s personal hygiene be

adequately addressed by providing access

to items that may be required during

menstruation;

(i) to not be subject to compulsory

tonsuring (shaving of head hair);

(j) to wear own personal clothes if so

wished and to not be forced to wear

uniforms provided by the establishment;

and

(k) to be protected from all forms of

physical, verbal, emotional and sexual abuse.

21.

Right

equality

and

non-

discrimination.— (1) Every person with

mental illness shall be treated as equal to

persons with physical illness in the provision

of all healthcare which shall include the

following, namely:—

(a) there shall be no discrimination on any

basis including gender, sex, sexual

orientation, religion, culture, caste, social or

political beliefs, class or disability;

(b) emergency facilities and emergency

services for mental illness shall be of the

same quality and availability as those

provided to persons with physical illness;

entitled to the use of ambulance services in

the same manner, extent and quality as

provided to persons with physical illness;

(d)

living

conditions

health

establishments shall be of the same manner,

extent and quality as provided to persons

with physical illness; and

(e) any other health services provided to

persons with physical illness shall be

provided in same manner, extent and quality

to persons with mental illness.

(2) A child under the age of three years of

a woman receiving care, treatment or

rehabilitation at a mental health establishment

shall ordinarily not be separated from her

during her stay in such establishment:

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Provided that where the treating

Psychiatrist, based on his examination of the

woman, and if appropriate, on information

provided by others, is of the opinion that there

is risk of harm to the child from the woman

due to her mental illness or it is in the interest

and safety of the child, the child shall be

temporarily separated from the woman during

her stay at the mental health establishment:

Provided further that the woman shall

continue to have access to the child under

such supervision of the staff of the

establishment or her family, as may be

appropriate, during the period of separation.

(3) The decision to separate the woman

from her child shall be reviewed every fifteen

days during the woman’s stay in the mental

health establishment and separation shall be

terminated as soon as conditions which

required the separation no longer exist:

Provided that any separation permitted as

per the assessment of a mental health

professional, if it exceeds thirty days at a

stretch, shall be required to be approved by

the respective Authority.

(4) Every insurer shall make provision for

medical insurance for treatment of mental

illness on the same basis as is available for

treatment of physical illness.

22. Right to information.— (1) A person

with mental illness and his nominated

representative shall have the rights to the

following information, namely:—

(a) the provision of this Act or any other

law for the time being in force under which

he has been admitted, if he is being

admitted, and the criteria for admission

under that provision;

(b) of his right to make an application to

the concerned Board for a review of the

admission;

illness and the proposed treatment plan

which includes information about treatment

proposed and the known side effects of the

proposed treatment;

(d) receive the information in language

and form that such person receiving the

information can understand.

(2) In case complete information cannot be

given to the person with mental illness at the

time of the admission or the start of treatment,

it shall be the duty of the medical officer or

psychiatrist in charge of the person’s care to

ensure that full information is provided

promptly when the individual is in a position

to receive it:

Provided that where the information has not

been given to the person with mental illness

at the time of the admission or the start of

treatment, the medical officer or psychiatrist

in charge of the person’s care shall give the

information to the nominated representative

immediately.

23. Right to confidentiality.— (1) A person

with mental illness shall have the right to

confidentiality in respect of his mental health,

mental healthcare, treatment and physical

healthcare.

(2) All health professionals providing care

or treatment to a person with mental illness

shall have a duty to keep all such information

confidential which has been obtained during

care or treatment with the following

exceptions, namely:—

(a) release of information to the

nominated representative to enable him to

fulfil his duties under this Act;

(b) release of information to other mental

health professionals and other health

professionals to enable them to provide care

and treatment to the person with mental

illness;

to protect any other person from harm or

violence;

(d) only such information that is

necessary to protect against the harm

identified shall be released;

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(e) release only such information as is

necessary to prevent threat to life;

(f) release of information upon an order

by concerned Board or the Central Authority

or High Court or Supreme Court or any

other statutory authority competent to do

so; and

(g) release of information in the interests

of public safety and security.

24. Restriction on release of information in

respect of mental illness.— (1) No photograph

or any other information relating to a person

with mental illness undergoing treatment at

a mental health establishment shall be

released to the media without the consent of

the person with mental illness.

(2) The right to confidentiality of person with

mental illness shall also apply to all information

stored in electronic or digital format in real or

virtual space.

25. Right to access medical records.— (1) All

persons with mental illness shall have the

right to access their basic medical records as

may be prescribed.

(2) The mental health professional in charge

of such records may withhold specific

information in the medical records if disclosure

would result in,—

(a) serious mental harm to the person

with mental illness; or

(b) likelihood of harm to other persons.

(3) When any information in the medical

records is withheld from the person, the

mental health professional shall inform the

person with mental illness of his right to apply

to the concerned Board for an order to release

such information.

26. Right to personal contacts and

communication.— (1) A person with mental

illness admitted to a mental health

establishment shall have the right to refuse or

receive visitors and to refuse or receive and

make telephone or mobile phone calls at

reasonable times subject to the norms of such

mental health establishment.

(2) A person with mental illness admitted

in a mental health establishment may send

and receive mail through electronic mode

including through email.

(3) Where a person with mental illness

informs the medical officer or mental health

professional in charge of the mental health

establishment that he does not want to receive

mail or email from any named person in the

community, the medical officer or mental

health professional in charge may restrict

such communication by the named person

with the person with mental illness.

(4) Nothing contained in sub-sections (1) to

(3) shall apply to visits from, telephone calls

to, and from mail or email to, and from

individuals, specified under clauses (a) to (f)

under any circumstances, namely:—

(a) any Judge or officer authorised by a

competent court;

(b) members of the concerned Board or

the Central Authority or the State Authority;

Member of State Legislature;

(d) nominated representative, lawyer or

legal representative of the person;

(e) medical practitioner in charge of the

person’s treatment;

(f) any other person authorised by the

appropriate Government.

27. Right to legal aid.— (1) A person with

mental illness shall be entitled to receive free

legal services to exercise any of his rights

given under this Act.

(2) It shall be the duty of

magistrate, police officer, person in

charge of such custodial institution

as may be prescribed or medical

officer or mental health professional

in charge of a mental health

establishment to inform the person

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with mental illness that he is entitled

to free legal services under the Legal

Services Authorities Act, 1987 or

other relevant laws or under any

order of the court if so ordered and

provide the contact details of the

availability of services.

28. Right to make complaints about

deficiencies in provision of services.— (1) Any

person with mental illness or his nominated

representative, shall have the right to

complain regarding deficiencies in provision

of care, treatment and services in a mental

health establishment to,—

(a) the medical officer or mental health

professional in charge of the establishment

and if not satisfied with the response;

(b) the concerned Board and if not

satisfied with the response;

(2) The provisions for making complaint in

sub-section (1), is without prejudice to the

rights of the person to seek any judicial remedy

for violation of his rights in a mental health

establishment or by any mental health

professional either under this Act or any other

law for the time being in force.

CHAPTER VI

Duties of Appropriate Government

29. Promotion of mental health and

preventive programmes.— (1) The appropriate

Government shall have a duty to plan, design

and implement programmes for the promotion

of mental health and prevention of mental

illness in the country.

(2) Without prejudice to the generality of the

provisions contained in sub-section (1), the

appropriate Government shall, in particular,

plan, design and implement public health

programmes to reduce suicides and attempted

suicides in the country.

30. Creating awareness about mental health

and illness and reducing stigma associated

with mental illness.— The appropriate

Government shall take all measures to ensure

that,—

(a) the provisions of this Act are given

wide publicity through public media,

including television, radio, print and online

media at regular intervals;

(b) the programmes to reduce stigma

associated with mental illness are planned,

designed, funded and implemented in an

effective manner;

including police officers and other officers

of the appropriate Government are given

periodic sensitisation and awareness

training on the issues under this Act.

31. Appropriate Government to take

measure as regard to human resource

development and training, etc.— (1) The

appropriate Government shall take measures

to address the human resource requirements

of mental health services in the country by

planning, developing and implementing

educational and training programmes in

collaboration with institutions of higher

education and training, to increase the human

resources available to deliver mental health

interventions and to improve the skills of the

available human resources to better address

the needs of persons with mental illness.

(2) The appropriate Government shall, at the

minimum, train all medical officers in public

healthcare establishments and all medical

officers in the prisons or jails to provide basic

and emergency mental healthcare.

(3) The appropriate Government shall make

efforts to meet internationally accepted

guidelines for number of mental health

professionals on the basis of population, within

ten years from the commencement of this

Act.

32. Co-ordination within appropriate

Government.— The appropriate Government

shall take all measures to ensure effective

co-ordination between services provided by

concerned Ministries and Departments such

39 of 1987.

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as those dealing with health, law, home affairs,

human resources, social justice, employment,

education, women and child development,

medical education to address issues of mental

health care.

CHAPTER VII

Central Mental Health Authority

33. Establishment of Central Authority.—

The Central Government shall, within a period

of nine months from the date on which this

Act receives the assent of the President, by

notification, establish, for the purposes of this

Act, an Authority to be known as the Central

Mental Health Authority.

34. Composition of Central Authority.—

(1) The Central Authority shall consist of the

following, namely:—

(a) Secretary or Additional Secretary to the

Government of India in the Department of

Health and Family Welfare —Chairperson ex

officio;

(b) Joint Secretary to the Government of

India in the Department of Health and Family

Welfare, in charge of mental health —member

ex officio;

India in the Department of Ayurveda, Yoga

and Naturopathy, Unani, Siddha and

Homeopathy —Member ex officio;

(d) Director General of Health Services—

Member ex officio;

(e) Joint Secretary to the Government of

India in the Department of Disability Affairs

of the Ministry of Social Justice and

Empowerment —Member ex officio;

(f) Joint Secretary to the Government of

India in the Ministry of Women and Child

Development —Member ex officio;

(g) Directors of the Central Institutions for

Mental Health —Members ex officio;

(h) such other ex officio representatives

from the relevant Central Government

Ministries or Departments;

(i) one mental health professional as defined

in item (iii) of clause (r) of sub-section (1) of

section 2 having at least fifteen years

experience in the field, to be nominated by the

Central Government —Member;

(j) one psychiatric social worker having at

least fifteen years experience in the field,

to be nominated by the Central Government

—Member;

(k) one clinical psychologist having at least

fifteen years experience in the field, to be

nominated by the Central Government

—Member;

(l) one mental health nurse having at least

fifteen years experience in the field of mental

health, to be nominated by the Central

Government —Member;

(m) two persons representing persons

who have or have had mental illness, to

be nominated by the Central Government

—Members;

(n) two persons representing care-givers of

persons with mental illness or organisations

representing care-givers, to be nominated by

the Central Government —Members;

(o) two persons representing non-

governmental organisations which provide

services to persons with mental illness, to be

nominated by the Central Government

—Members;

(p) two persons representing areas relevant

to mental health, if considered necessary.

(2) The members referred to in clauses (h)

to (P) of sub-section (1), shall be nominated

by the Central Government in such manner

as may be prescribed.

35. Term of office, salaries and allowances

of Chairperson and members.— (1) The

members of the Central Authority referred to

in clauses (h) to (p) of sub-section (1) of section

34 shall hold office as such for a term of three

years from the date of nomination and shall

be eligible for reappointment:

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Provided that a member shall not hold office

as such after he has attained the age of

seventy years.

(2) The chairperson and other ex officio

members of the Authority shall hold office as

such chairperson or member, as the case may

be, so long as he holds the office by virtue of

which he is nominated.

(3) The salaries and allowances payable to,

and the other terms and conditions or service

or, the chairperson and other members shall

be such as may be prescribed.

36. Resignation.— A member of the Central

Authority may, by notice in writing under his

hand addressed to the Central Government,

resign his office:

Provided that a member shall, unless he is

permitted by the Central Government to

relinquish his office sooner, continue to hold

office until the expiry of three months from the

date of receipt of such notice or until a person

duly appointed as his successor enters upon

the office or until the expiry of his term of office,

whichever is the earliest.

37. Filling of vacancies.— The Central

Government shall, within two months from the

date of occurrence of any vacancy by reason

of death, resignation or removal of a member

of the Authority and three months before the

superannuation or completion of the term of

office of any member of that Authority, make

nomination for filling up of the vacancy.

38. Vacancies, etc., not to invalidate

proceedings of Central Authority.— No act or

proceeding of the Central Authority shall be

invalid merely by reason of—

(a) any vacancy in, or any defect in the

constitution of, the Authority; or

(b) any defect in the appointment of a

person as a member of the Authority; or

Authority not affecting the merits of the

case.

39. Member not to participate in meetings

in certain cases.— Any member having any

direct or indirect interest, whether pecuniary

or otherwise, in any matter coming up for

consideration at a meeting of the Central

Authority, shall, as soon as possible after the

relevant circumstances have come to his

knowledge, disclose the nature of his interest

at such meeting and such disclosure shall be

recorded in the proceedings of the Central

Authority, and the member shall not take any

part in any deliberation or decision of the

Authority with respect to that matter.

40. Officers and other employees of Central

Authority.— (1) There shall be a chief

executive officer of the Authority, not below

the rank of the Director to the Government of

India, to be appointed by the Central

Government.

(2) The Authority may, with the approval of

the Central Government, determine the

number, nature and categories of other officers

and employees required by the Central

Authority in the discharge of its functions.

(3) The salaries and allowances payable to,

and the other terms and conditions of service

(including the qualifications, experience and

manner of appointment) of, the chief executive

officer and other officers and employees of the

Central Authority shall be such as may be

specified by regulations with the approval of

the Central Government.

41. Functions of chief executive officers of

Central Authority.— (1) The chief executive

officer shall be the legal representative of

the Central Authority and shall be responsible

for—

(a) the day-to-day administration of the

Central Authority;

(b) implementing the work programmes

and decisions adopted by the Central

Authority;

Authority’s work programmes;

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(d) the preparation of the statement of

revenue and expenditure and the execution

of the budget of the Central Authority.

(2) Every year, the chief executive officer

shall submit to the Central Authority for

approval—

(a) a general report covering all the

activities of the Central Authority in the

previous year;

(b) programmes of work;

year; and

(d) the budget for the coming year.

(3) The chief executive officer shall have

administrative control over the officers and

other employees of the Central Authority.

42. Transfer of assets, liabilities of Central

Authority.— On the establishment of the

Central Authority—

(a) all the assets and liabilities

of the Central Authority for Mental

Health Services constituted under

sub-section (1) of section 3 of the

Mental Health Act, 1987 shall

stand transferred to, and vested

in, the Central Authority.

Explanation.— The assets of such Central

Authority for Mental Health Services shall

be deemed to include all rights and powers,

and all properties, whether movable or

immovable, including, in particular, cash

balances, deposits and all other interests

and rights in, or arising out of, such

properties as may be in the possession of

such Unique Identification Authority of

India and all books of account and other

documents relating to the same; and

liabilities shall be deemed to include all

debts, liabilities and obligations of whatever

kind;

(b) without prejudice to the provisions

of clause (a), all data and information

collected during enrolment, all details of

authentication performed, debts, obliga-

tions and liabilities incurred, all contracts

entered into and all matters and things

engaged to be done by, with or for such

Central Authority for Mental Health

Services immediately before that day, for or

in connection with the purpose of the said

Central Authority for Mental Health

Services, shall be deemed to have been

incurred, entered into or engaged to be

done by, with or for, the Central Authority;

Authority for Mental Health Services

immediately before that day shall be deemed

to be due to the Central Authority; and

(d) all suits and other legal proceedings

instituted or which could have been

instituted by or against such Central

Authority for Mental Health Services

immediately before that day may be

continued or may be instituted by or against

the Central Authority.

43. Functions of Central Authority.— (1) The

Central Authority shall—

(a)

all

mental

health

establishments under the control of the

Central Government and maintain a register

of all mental health establishments in the

country based on information provided by

all State Mental Health Authorities of

registered establishments and compile

update and publish (including online on the

internet) a register of such establishments;

(b) develop quality and service provision

norms for different types of mental health

establishments

under

the

Central

Government;

(c)

supervise

all

mental

health

establishments

under

the

Central

Government and receive complaints about

deficiencies in provision of services;

(d) maintain a national register of clinical

psychologists, mental health nurses and

psychiatric social workers based on

14 of 1987.

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information provided by all State Authorities

of persons registered to work as mental

health professionals for the purpose of this

Act and publish the list (including online

on the internet) of such registered mental

health professionals;

(e) train all persons including law

enforcement officials, mental health

professionals and other health professionals

about the provisions and implementation of

this Act;

(f) advise the Central Government on all

matters relating to mental health care and

services;

(g) discharge such other functions with

respect to matters relating to mental health

as the Central Government may decide:

Provided that the mental health

establishments under the control

of the Central Government, before

the commencement of this Act,

registered under the Mental Health

Act, 1987 or any other law for the

time being in force, shall be deemed

to have been registered under the

provisions of this Act and copy of

such registration shall be furnished

to the Central Authority.

(2) The procedure for registration (including

the fees to be levied for such registration) of

the mental health establishments under this

section shall be such as may be prescribed

by the Central Government.

44. Meetings of the Central Authority.— (1)

The Central Authority shall meet at such times

(not less than twice in a year) and places and

shall observe such rules of procedure in

regard to the transaction of business at its

meetings (including quorum at such meetings)

as may be specified by regulations made by

the Central Authority.

(2) If the chairperson, for any reason, is

unable to attend a meeting of the Central

Authority, the senior-most member shall

preside over the meeting of the Authority.

(3) All questions which come up before any

meeting of the Authority shall be decided by

a majority of votes by the members present

and voting and in the event of an equality of

votes, the chairperson or in his absence the

member presiding over shall have a second

or casting vote.

(4) All decisions of the Central Authority

shall be authenticated by the signature of the

chairperson or any other member authorised

by the Central Authority in this behalf.

(5) If any member, who is a director of a

company and who as such director, has any

direct or indirect pecuniary interest in any

manner coming up for consideration at a

meeting of the Central Authority, he shall, as

soon as possible after relevant circumstances

have come to his knowledge, disclose the

nature of his interest at such meeting and

such disclosure shall be recorded in the

proceedings of the Authority, and the member

shall not take part in any deliberation or

decision of the Authority with respect to that

matter.

CHAPTER VIII

State Mental Health Authority

45. Establishment of State Authority.—

Every State Government shall, within a period

of nine months from the date on which this

Act receives the assent of the President, by

notification, establish, for the purposes of this

Act, an Authority to be known as the State

Mental Health Authority.

46. Composition of State Authority.— (1)

The State Authority shall consist of the

following chairperson and members:—

(a) Secretary or Principal Secretary in the

Department of Health of State Government—

chairperson ex officio;

(b) Joint Secretary in the Department of

Health of the State Government, in charge

of mental health —Member ex officio;

Education —Member ex officio;

14 of 1987.

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(d) Joint Secretary in the Department of

Social Welfare of the State Government

— member ex officio;

(e) such other ex officio representatives

from the relevant State Government

Ministries or Departments;

(f) Head of any of the Mental Hospitals in

the State or Head of Department of

Psychiatry at any Government Medical

College, to be nominated by the State

Government —Member;

(g) one eminent psychiatrist from the

State not in Government service to be

nominated by the State Government

—Member;

(h) one mental health professional as

defined in item (iii) of clause (q) of sub-

-section (1) of section (2) having at least

fifteen years experience in the field, to be

nominated by the State Government

—Member;

(i) one psychiatric social worker having

at least fifteen years experience in the field,

to be nominated by the State Government

—Member;

(j) one clinical psychologist having at

least fifteen years experience in the field, to

be nominated by the State Government

—Member;

(k) one mental health nurse having at

least fifteen years experience in the field of

mental health, to be nominated by the State

Government —Member;

(l) two persons representing persons who

have or have had mental illness, to be

nominated by the State Government

—Member;

(m) two persons representing care-givers

of persons with mental illness or

organisations representing care-givers, to

be nominated by the State Government

—Members;

(n) two persons representing non-

-governmental organisations which provide

services to persons with mental illness, to

be nominated by the State Government

—Members.

(2) The members referred to in clauses (e)

to (n) of sub-section (1), shall be nominated

by the State Government in such manner as

may be prescribed.

47. Term of office, salaries and allowances

of chairperson and other members.— (1) The

members of the State Authority referred to in

clauses (e) to (n) of sub-section (1) of section

46 shall hold office as such for a term of three

years from the date of nomination and shall

be eligible for reappointment:

Provided that a member shall not hold office

as such after he has attained the age of

seventy years.

(2) The chairperson and other ex officio

members of the State Authority shall hold

office as such chairperson or member, as the

case may be, so long as he holds the office by

virtue of which he is nominated.

(3) The salaries and allowances payable to,

and the other terms and conditions of service

of, the chairperson and other members shall

be such as may be prescribed.

48. Resignation.— A member of the State

Authority may, by notice in writing under his

hand addressed to the State Government,

resign his office:

Provided that a member shall, unless he is

permitted by the State Government to

relinquish his office sooner, continue to hold

office until the expiry of three months from the

date of receipt of such notice or until a person

duly appointed as his successor enters upon

office or until the expiry of his term of office,

whichever is the earliest.

49. Filling of vacancies.— The State

Government shall, within two months from the

date of occurrence of any vacancy by reason

of death, resignation or removal of a member

of the Authority and three months before the

superannuation or completion of the term of

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office of any member of that Authority, make

nomination for filling up of the vacancy.

50. Vacancies, etc., not to invalidate

proceedings of State Authority.— No act or

proceeding of the State Authority shall be

invalid merely by reason of—

(a) any vacancy in, or any defect in the

constitution of, the State Authority; or

(b) any defect in the appointment of a

person as a member of the State Authority; or

Authority not affecting the merits of the case.

51. Member not to participate in meetings

in certain cases.— Any member having any

direct or indirect interest, whether pecuniary

or otherwise, in any matter coming up for

consideration at a meeting of the State

Authority, shall, as soon as possible after the

relevant circumstances have come to his

knowledge, disclose the nature of his interest

at such meeting and such disclosure shall be

recorded in the proceedings of the State

Authority, and the member shall not take any

part in any deliberation or decision of the State

Authority with respect to that matter.

52. Officers and other employees of State

Authority.— (1) There shall be a chief

executive officer of the State Authority, not

below the rank of the Deputy Secretary to the

State Government, to be appointed by the State

Government.

(2) The State Authority may, with the

approval of the State Government, determine

the number, nature and categories of other

officers and employees required by the State

Authority in the discharge of its functions.

(3) The salaries and allowances payable to,

and the other terms and conditions of service

(including the qualifications, experience and

manner of appointment) of, the chief executive

officer and other officers and employees of the

State Authority shall be such as may be

specified by regulations with the approval of

the State Government.

53. Functions of chief executive officer of

State Authority.— (1) The chief executive

officer shall be the legal representative of the

State Authority and shall be responsible for—

(a) the day-to-day administration of the

State Authority;

(b) implementing the work programmes

and decisions adopted by the State

Authority;

Authority’s work programmes;

(d) the preparation of the statement of

revenue and expenditure and the execution

of the budget of the State Authority.

(2) Every year, the chief executive officer

shall submit to the State Authority for

approval—

(a) a general report covering all the

activities of the Authority in the previous

year;

(b) programmes of work;

year; and

(d) the budget for the coming year.

(3) The chief executive officer shall have

administrative control over the officers and

other employees of the State Authority.

54. Transfer of assets, liabilities of State

Authority.— On and from the establishment

of the State Authority—

(a) all the assets and liabilities

of the State Authority for Mental

Health Services constituted under

sub-section (1) of section 4 of the

Mental Health Act, 1987 shall

stand transferred to, and vested

in, the State Authority.

Explanation.— The assets of such State

Authority for Mental Health Services shall be

deemed to include all rights and powers, and

all properties, whether movable or immovable,

including, in particular, cash balances,

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deposits and all other interests and rights in,

or arising out of, such properties as may be in

the possession of such State Authority for

Mental Health Services and all books of

account and other documents relating to the

same; and liabilities shall be deemed to

include all debts, liabilities and obligations of

whatever kind;

(b) without prejudice to the provisions of

clause (a), all data and information collected

during enrolment, all details of authentication

performed, debts, obligations and liabilities

incurred, all contracts entered into and all

matters and things engaged to be done by,

with or for such State Authority for Mental

Health Services immediately before that day,

for or in connection with the purpose of the

said State Authority for Mental Health

Services, shall be deemed to have been

incurred, entered into or engaged to be done

by, with or for, the State Authority;

Authority for Mental Health Services

immediately before that day shall be deemed

to be due to the State Authority; and

(d) all suits and other legal proceedings

instituted or which could have been instituted

by or against such State Authority for Mental

Health Services immediately before that day

may be continued or may be instituted by or

against the State Authority.

55. Functions of State Authority.— (1) The

State Authority shall—

(a)

all

mental

health

establishments in the State except those

referred to in section 43 and maintain and

publish (including online on the internet) a

(b) develop quality and service provision

norms for different types of mental health

establishments in the State;

(c)

supervise

all

mental

health

establishments in the State and receive

complaints about deficiencies in provision

of services;

(d) register clinical psychologists, mental

health nurses and psychiatric social

workers in the State to work as mental

health professionals, and publish the list of

such registered mental health professionals

in such manner as may be specified by

regulations by the State Authority;

(e) train all relevant persons including law

enforcement officials, mental health

professionals and other health professionals

about the provisions and implementation of

this Act;

(f) discharge such other functions with

respect to matters relating to mental health

as the State Government may decide:

Provided that the mental health

establishments in the State (except

those referred to in section 43),

registered, before the commence-

ment of this Act, under the Mental

Health Act, 1987 or any other law for

the time being in force, shall be

deemed to have been registered

under the provisions of this Act and

copy of such registration shall be

furnished to the State Authority.

(2) The procedure for registration (including

the fees to be levied for such registration) of

the mental health establishments under this

section shall be such as may be prescribed

by the State Government.

56. Meetings of State Authority.— (1) The

State Authority shall meet at such times (not

less than four times in a year) and places and

shall observe such rules of procedure in

regard to the transaction of business at its

meetings (including quorum at such meetings)

as may be specified by regulations made by

the State Authority.

(2) If the chairperson, for any reason, is

unable to attend a meeting of the State

Authority, the senior-most member shall

preside over the meetings of the Authority.

(3) All questions which come up before any

meeting of the State Authority shall be decided

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by a majority of votes by the members present

and voting and in the event of an equality of

votes, the chairperson or in his absence the

member presiding over shall have a second

or casting vote.

(4) All decisions of the State Authority shall

be authenticated by the signature of the

chairperson or any other member authorised

by the State Authority in this behalf.

(5) If any member, who is a director of a

company and who as such director, has any

direct or indirect pecuniary interest in any

manner coming up for consideration at a

meeting of the State Authority, he shall, as

soon as possible after relevant circumstances

have come to his knowledge, disclose the

nature of his interest at such meeting and

such disclosure shall be recorded in the

proceedings of the Authority, and the member

shall not take part in any deliberation or

decision of the State Authority with respect to

that matter.

CHAPTER IX

Finance, Accounts and Audit

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.

58. Central Mental Health Authority Fund.—

(1) There shall be constituted a Fund to be

called the Central Mental Health Authority

Fund and there shall be credited thereto—

(i) any grants and loans made to the

Authority by the Central Government;

(ii) all fees and charges received by the

Authority under this Act; and

(iii) all sums received by the Authority

from such other sources as may be decided

upon by the Central Government.

(2) The Fund referred to in sub-section (1)

shall be applied for meeting the salary,

allowances and other remuneration of the

chairperson, other members, chief executive

officer, other officers and employees of the

Authority and the expenses of the Authority

incurred in the discharge of its functions and

for purposes of this Act.

59. Accounts and audit of Central

Authority.— (1) The Central 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 Central Government, in consultation

with the Comptroller and Auditor-General of

India.

(2) The accounts of the 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 Authority to the Comptroller

and Auditor-General of India.

(3) The Comptroller and Auditor-General of

India and any other person appointed by him

in connection with the audit of the accounts

of the Authority shall have the same rights and

privileges and authority in connection with

such audit as the Comptroller and Auditor-

-General generally has in connection with the

audit of the 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 office of the Authority.

(4) The accounts of the 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 by the Authority and the

Central-Government shall cause the same to

be laid before each House of Parliament.

60. Annual report of Central Authority.—

The Central Authority shall prepare in every

year, in such form and at such time as may be

prescribed by the Central Government, an

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annual report giving a full account of its

activities during the previous year, and copies

thereof along with copies of its annual

accounts and auditor’s report shall be

forwarded to the Central Government and the

Central Government shall cause the same to

be laid before both Houses of Parliament.

61. Grants by State Government.— 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.

62. State Mental Health Authority Fund.—

(1) There shall be constituted a Fund to be

called the State Mental Health Authority Fund

and there shall be credited thereto—

(i) any grants and loans made to the State

Authority by the State Government;

(ii) all fees and charges received by the

Authority under this Act; and

(iii) all sums received by the State

Authority from such other sources as may

be decided upon by the State Government.

(2) The Fund referred to in sub-section (1)

shall be applied for meeting the salary,

allowances and other remuneration of the

chairperson, other members, chief executive

officer, other officers and employees of the

State Authority and the expenses of the State

Authority incurred in the discharge of its

functions and for purposes of this Act.

63. Accounts and audit of State Authority.—

(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) 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) The Comptroller and Auditor-General of

India and any other person appointed by him

in connection with the audit of the accounts

of the State Authority shall have the same

rights and privileges and authority in

connection with such audit as the Comptroller

and Auditor-General generally has in

connection with the audit of the 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 office of the

State Authority.

64. Annual report of State Authority.— The

State Authority shall prepare in every year, in

such form and at such time as may be

prescribed by the State Government, an

annual report giving a full account of its

activities during the previous year, and copies

thereof along with copies of its annual

accounts and auditor’s report shall be

forwarded to the State Government and the

Government shall cause the same to be laid

before the State Legislature.

CHAPTER X

Mental Health Establishments

65.

Registration

mental

health

establishment.— (1) No person or organisation

shall establish or run a mental health

establishment mental health unless it has

been registered with the Authority under the

provisions of this Act.

Explanation.— For the purposes of this

Chapter, the expression “Authority” means—

(a) in respect of the mental health

establishments under the control of the

Central Government, the Central Authority;

(b) in respect of the mental health

establishments in the State [not being the

health establishments referred to in clause

(a)], the State Authority.

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(2) Every person or organisation who

proposes to establish or run a mental health

establishment shall register the said

establishment with the Authority under the

provisions of this Act:

Provided that the Central Government, may,

by notification, exempt any category or class

of existing mental health establishments from

the requirement of registration under this Act.

Explanation.— In case a mental

health establishment has been

registered under the Clinical

Establishments (Registration and

Regulation) Act, 2010 or any other

law for the time being in force

in a State, such mental health

establishment shall submit a copy of

the said registration along with an

application in such form as may be

prescribed to the Authority with an

undertaking that the mental health

establishment fulfils the minimum

standards, if any, specified by the

Authority for the specific category of

mental health establishment.

(3) The Authority shall, on receipt of

application under sub-section (2), on being

satisfied

that

such

mental

health

establishment fulfils the standards specified

by the Authority, issue a certificate of

registration in such form as may be

prescribed:

Provided that till the period the Authority

specifies the minimum standards for different

categories of mental health establishments,

it shall issue a provisional certificate

of registration to the mental health

establishment:

Provided further that on specifying the

minimum standards for different categories of

mental health establishments, the mental

health establishment referred to in the first

proviso shall, within a period of six months

from the date such standards are specified,

submit to the Authority an undertaking stating

therein that such establishment fulfils the

specified minimum standards and on being

satisfied that such establishment fulfils the

minimum standards, the Authority shall issue

a certificate of registration to such mental

health establishment.

(4) Every mental health establishment shall,

for the purpose of registration and continuation

of registration, fulfil—

(a) the minimum standards of facilities

and services as may be specified by

regulations made by the Authority;

(b) the minimum qualifications for the

personnel engaged in such establishment

as may be specified by regulations made by

the Authority;

and reporting as may be specified by

regulations made by the Authority; and

(d) any other conditions as may be

specified by regulations made by the

Authority.

(5) The Authority may—

(a) classify mental health establishments

into such different categories, as may be

specified by regulations made by the

Central Authority;

(b) specify different standards for different

categories of mental health establishments;

standards for mental health establishments,

have regard to local conditions.

(6) Notwithstanding anything in this

section, the Authority shall, within a period of

eighteen months from the commencement of

this Act, by notification, specify the minimum

standards for different categories of mental

health establishments.

66. Procedure for registration, inspection

and inquiry of mental health establishments.—

(1) The mental health establishment shall, for

the purpose of registration, submit an

application, in such form, accompanied, with

such details and fees, as may be prescribed,

to the Authority.

(2) The mental health establishment may

submit the application in person or by post or

online.

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(3) Every mental health establishment,

existing on the date of commencement of this

Act, shall, within a period of six months from

the date of constitution of the Authority, submit

an application for its provisional registration

to the Authority.

(4) The Authority shall, within a period of

ten days from the date of receipt of such

application, issue to the mental health

establishment a certificate of provisional

registration in such form and containing such

particulars and information as may be

prescribed.

(5) The Authority shall not be required to

conduct any inquiry prior to issue of

provisional registration.

(6) The Authority shall, within a period of

forty-five days from the date of provisional

registration, publish in print and in digital form

online, all particulars of the mental health

establishment.

(7) A provisional registration shall be valid

for a period of twelve months from the date of

its issue and be renewable.

(8) Where standards for particular

categories of mental health establishments

have been specified under this Act, the mental

health establishments in that category shall,

within a period of six months from date of

notifying such standards, apply for that

category and obtain permanent registration.

(9) The Authority shall publish the standards

in print and online in digital format.

(10) Until standards for particular

categories of mental health establishments are

specified under this Act, every mental health

establishment shall, within thirty days before

the expiry of the validity of certificate of

provisional registration, apply for a renewal

of provisional registration.

(11) If the application is made after the

expiry of provisional registration, the Authority

shall allow renewal of registration on payment

of such fees, as may be prescribed.

(12) A mental health establishment shall

make

application

for

permanent

registration to the Authority in such form and

accompanied with such fees as may be

specified by regulations.

(13) The mental health establishment shall

submit evidence that the establishment has

complied with the specified minimum

standards in such manner as may be specified

by regulations by the Authority.

(14) As soon as the mental health

establishment submits the required evidence

of the mental health establishment having

complied with the specified minimum

standards, the Authority shall give public

notice and display the same on its website for

a period of thirty days, for filing objections, if

any, in such manner as may be specified by

regulations.

(15) The Authority shall, communicate the

objections, if any, received within the period

referred to in sub-section (14), to the mental

health establishment for response within such

period as the Authority may determine.

(16) The mental health establishment shall

submit evidence of compliance with the

standards with reference to the objections

communicated to such establishment under

sub-section (15), to the Authority within the

specified period.

(17) The Authority shall on being satisfied

that the mental health establishment fulfils the

specified minimum standards for-registration,

grant permanent certificate of registration to

such establishment.

(18) The Authority shall, within a period

forty-five days after the expiry of the period

specified under this section, pass an order,

either—

(a) grant permanent certificate of

registration; or

(b) reject the application after recording

the reasons thereof:

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Provided that in case the Authority rejects

the application under clause (b), it shall grant

such period not exceeding six months, to the

mental health establishment for rectification

of the deficiencies which have led to rejection

of the application and such establishment may

apply afresh for registration.

(19) Notwithstanding anything contained in

this section, if the Authority has neither

communicated any objections received by it

to the mental health establishment under sub-

section (15), nor has passed an order under

sub-section (18), the registration shall be

deemed to have been granted by the Authority

and the Authority shall provide a permanent

certificate of registration.

67. Audit of mental health establishment.—

(1) The Authority shall cause to be conducted

an audit of all registered mental health

establishments by such person or persons

(including representatives of the local

community) as may be prescribed, every three

years, so as to ensure that such mental health

establishments comply with the requirements

of minimum standards for registration as a

mental health establishment.

(2) The Authority may charge the mental

health establishment such fee as may be

prescribed, for conducting the audit under

this section.

(3) The Authority may issue a show cause

notice to a mental health establishment as to

why its registration under this Act not be

cancelled, if the Authority is satisfied that—

(a) the mental health establishment has

failed to maintain the minimum standards

specified by the Authority; or

(b) the person or persons or entities

entrusted with the management of the

mental health establishment have been

convicted of an offence under this Act; or

violates the rights of any person with mental

illness.

(4) The Authority may, after giving a

reasonable opportunity to the mental health

establishment, if satisfied that the mental

health establishment falls under clause (a) or

clause (b) or clause (c) of sub-section (3),

without prejudice to any other action which

it may take against the mental health

establishment, cancel its registration.

(5) Every order made under sub-section (4)

shall take effect—

(a) where no appeal has been preferred

against such order, immediately on the

expiry of the period specified for preferring

of appeal; and

(b) where the appeal has been preferred

against such an order and the appeal has

been dismissed, from the date of the order

of dismissal.

(6) The Authority shall, on cancellation of

the registration for reasons to be recorded in

writing, restrain immediately the mental

health establishment from carrying on its

operations, if there is imminent danger to the

health and safety of the persons admitted in

the mental health establishment.

(7) The Authority may cancel the

registration of a mental health establishment

if recommended by the Board to do so.

68. Inspection and inquiry.— (1) The

Authority may, suo motu or on a complaint

received from any person with respect to non-

-adherence of minimum standards specified

by or under this Act or contravention of any

provision thereof, order an inspection or

inquiry of any mental health establishment,

to be made by such person as may be

prescribed.

(2) The mental health establishment shall

be entitled to be represented at such

inspection or inquiry.

(3) The Authority shall communicate to the

mental health establishment the results of

such inspection or inquiry and may after

ascertaining the opinion of the mental health

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establishment, order the establishment to

make necessary changes within such period

as may be specified by it.

(4) The mental health establishment shall

comply with the order of the Authority made

under sub-section (3).

(5) If the mental health establishment fails

to comply with the order of the Authority made

under sub-section (3), the Authority may

cancel the registration of the mental health

establishment.

(6) The Authority or any person authorised

by it may, if there is any reason to suspect that

any person is operating a mental health

establishment without registration, enter and

search in such manner as may be prescribed,

and the mental health establishment shall co-

operate with such inspection or inquiry and

be entitled to be represented at such

inspection or inquiry.

69. Appeal to High Court against order of

Authority.— Any mental health establishment

aggrieved by an order of the Authority refusing

to grant registration or renewal of registration

or cancellation of registration, may, within a

period of thirty days from such order, prefer

an appeal to the High Court in the State:

Provided that the High Court may entertain

an appeal after the expiry of the said period of

thirty days, if it is satisfied that the appellant

had sufficient cause for not preferring the

appeal within the period of thirty days.

70. Certificates, fees and register of mental

health establishments.— (1) Every mental

health establishment shall display the

certificate of registration in a conspicuous

place in the mental health establishment in

such manner so as to be visible to everyone

visiting the mental health establishment.

(2) In case the certificate is destroyed or lost

or mutilated or damaged, the Authority may

issue a duplicate certificate on the request of

the mental health establishment and on the

payment of such fees as may be prescribed.

(3) The certificate of registration shall be

non-transferable and valid in case of change

of ownership of the establishment.

(4) Any change of ownership of the mental

health establishment shall be intimated to the

Authority by the new owner within one month

from the date of change of ownership.

(5) In the event of change of category of the

mental health establishment, such establish-

ment shall surrender the certificate of

registration to the Authority and the mental

health establishment shall apply afresh for

grant of certificate of registration in that

category.

71. Maintenance of register of mental health

establishment in digital format.— The

Authority shall maintain in digital format a

registered by the Authority, to be called the

shall enter the particulars of the certificate of

registration so granted in a separate register

to be maintained in such form and manner as

may be prescribed.

72. Duty of mental health establishment to

display information.— (1) Every mental health

establishment shall display within the

establishment at conspicuous place (including

on its website), the contact details including

address and telephone numbers of the

concerned Board.

(2) Every mental health establishment shall

provide the person with necessary forms to

apply to the concerned Board and also give

free access to make telephone calls to the

Board to apply for a review of the admission.

CHAPTER XI

Mental Health Review Boards

73. Constitution of Mental Health Review

Boards.— (1) The State Authority shall, by

notification, constitute Boards to be called the

Mental Health Review Boards, for the purposes

of this Act.

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(2) The requisite number, location and the

jurisdiction of the Boards shall be specified by

the State Authority in consultation with the

State Governments concerned.

(3) The constitution of the Boards by the

State Authority for a district or group of

districts in a State under this section shall be

such as may be prescribed by the Central

Government.

(4) While making rules under sub-section

(3), the Central Government shall have regard

to the following, namely:—

(a) the expected or actual workload of the

Board in the State in which such Board is to

be constituted;

(b) number of mental health establish-

ments existing in the State;

illness;

(d) population in the district in which the

Board is to be constituted;

(e) geographical and climatic conditions

of the district in which the Board is to be

constituted.

74. Composition of Board.— (1) Each Board

shall consist of—

(a) a District Judge, or an officer of the

State judicial services who is qualified to be

appointed as District Judge or a retired

District Judge who shall be chairperson of

the Board;

(b) representative of the District Collector

District

Magistrate

Deputy

Commissioner of the districts in which the

Board is to be constituted;

psychiatrist and the other shall be a medical

practitioner.

(d) two members who shall be persons

with mental illness or care-givers or

persons representing organisations of

persons with mental illness or care-givers

or non-governmental organisations working

in the field of mental health.

(2) A person shall be disqualified to be

appointed as the chairperson or a member of

a Board or be removed by the State Authority,

if he—

(a) has been convicted and sentenced to

imprisonment for an offence which involves

moral turpitude; or

(b) is adjudged as an insolvent; or

the service of the Government or a body

corporate owned or controlled by the

Government; or

(d) has such financial or other interest as

is likely to prejudice the discharge of his

functions as a member; or

(e) has such other disqualifications

as may be prescribed by the Central

Government.

(3) A chairperson or member of a Board may

resign his office by notice in writing under his

hand addressed to the Chairperson of the State

Authority and on such resignation being

accepted, the vacancy shall be filled by

appointment of a person, belonging to the

category under sub-section (1) of section 74.

75. Terms and conditions of service of

chairperson and members of Board.— (1) The

chairperson and members of the Board shall

hold office for a term of five years or up to the

age of seventy years, whichever is earlier and

shall be eligible for reappointment for another

term of five years or up to the age of seventy

years whichever is earlier.

(2) The appointment of chairperson and

members of every Board shall be made by the

Chairperson of the State Authority.

(3) The honorarium and other allowances

payable to, and the other terms and conditions

of service of, the chairperson and members of

the Board shall be such as may be prescribed

by the Central Government.

76. Decisions of Authority and Board.— (1)

The decisions of the Authority or the Board,

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as the case may be, shall be by consensus,

failing which by a majority of votes of members

present and voting and in the event of equality

of votes, the president or the chairperson, as

the case may be, shall have a second or

casting vote.

(2) The quorum of a meeting of the

Authority or the Board, as the case may be,

shall be three members.

77. Applications to Board.— (1) Any person

with mental illness or his nominated

representative or a representative of a

registered non-governmental organisation,

with the consent of such a person, being

aggrieved by the decision of any of the mental

health establishment or whose rights under

this Act have been violated, may make an

application to the Board seeking redressal or

appropriate relief.

(2) There shall be no fee or charge levied

for making such an application.

(3) Every application referred to in sub-

-section (1) shall contain the name of

applicant, his contact details, the details of the

violation of his rights, the mental health

establishment or any other place where such

violation took place and the redressal sought

from the Board.

(4) In exceptional circumstances, the Board

may accept an application made orally or over

telephone from a person admitted to a mental

health establishment.

78. Proceedings before Board to be

judicial proceedings.— All procee-

dings before the Board shall be

deemed to be judicial proceedings

within the meaning of sections 193,

219 and 228 of the Indian Penal Code.

79. Meetings.— The Board shall meet at

such times and places and shall observe

such rules of procedure in regard to the

transaction of business at its meetings as may

be specified by regulations made by the

Central Authority.

80. Proceedings before Board.— (1) The

Board, on receipt of an application under

sub-section (1) of section 85, shall, subject to

the provisions of this section, endeavour to

hear and dispose of the same within a period

of ninety days.

(2) The Board shall dispose of an

application—

(a) for appointment of nominated

representative under clause (d) of sub-

-section (4) of section 14;

(b) challenging admission of a minor

under section 87;

under sub-section (10) or sub-section (11)

of section 89,

within a period of seven days from the date

of receipt of such applications.

(3) The Board shall dispose of an application

challenging supported admission under

section 90 within a period of twenty-one days

from the date of receipt of the application.

(4) The Board shall dispose of an application,

other than an application referred to in

sub-section (3), within a period of ninety days

from the date of filing of the application.

(5) The proceeding of the Board shall be held

in camera.

(6) The Board shall not ordinarily grant an

adjournment for the hearing.

(7) The parties to an application may appear

in person or be represented by a counsel or a

representative of their choice.

(8) In respect of any application concerning

a person with mental illness, the Board shall

hold the hearings and conduct the procee-

dings at the mental health establishment

where such person is admitted.

(9) The Board may allow any persons other

than those directly interested with the

application, with the permission of the person

with mental illness and the chairperson of the

Board, to attend the hearing.

45 of 1860.

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(10) The person with mental illness whose

matter is being heard shall have the right to

give oral evidence to the Board, if such person

desires to do so.

(11) The Board shall have the power to

require the attendance and testimony of such

other witnesses as it deems appropriate.

(12) The parties to a matter shall have the

right to inspect any document relied upon by

any other party in its submissions to the Board

and may obtain copies of the same.

(13) The Board shall, within five days of the

completion of the hearing, communicate its

decision to the parties in writing.

(14) Any member who is directly or

indirectly involved in a particular case, shall

not sit on the Board during the hearings with

respect to that case.

81. Central Authority to appoint Expert

Committee to prepare guidance document.—

(1) The Central Authority shall appoint an

Expert Committee to prepare a guidance

document for medical practitioners and mental

health professionals, containing procedures

for assessing, when necessary or the capacity

of persons to make mental health care or

treatment decisions.

(2) Every medical practitioner and mental

health professional shall, while assessing

capacity of a person to make mental healthcare

or treatment decisions, comply with the

guidance document referred to in sub-section

(1) and follow the procedure specified therein.

82. Powers and functions of Board.— (1)

Subject to the provisions of this Act, the

powers and functions of the Board shall,

include all or any of the following matters,

namely:—

(a) to register, review, alter, modify or

cancel an advance directive;

(b) to appoint a nominated representative;

a person with mental illness or his

nominated representative or any other

interested person against the decision of

medical officer or mental health professional

in charge of mental health establishment or

mental health establishment under section

87 or section 89 or section 90;

(d) to receive and decide applications in

respect non-disclosure of information

specified under sub-section (3) of section

25;

(e) to adjudicate complaints regarding

deficiencies in care and services specified

under section 28;

(f) to visit and inspect prison or jails and

seek clarifications from the medical officer

in charge of health services in such prison

or jail.

(2) Where it is brought to the notice of a

Board or the Central Authority or State

Authority, that a mental health establishment

violates the rights of persons with mental

illness, the Board or the Authority may conduct

an inspection and inquiry and take action to

protect their rights.

(3) Notwithstanding anything contained in

this Act, the Board, in consultation with the

Authority, may take measures to protect the

rights of persons with mental illness as it

considers appropriate.

(4) If the mental health establishment does

not comply with the orders or directions of the

Authority or the Board or wilfully neglects

such order or direction, the Authority or the

Board, as the case may be, may impose penalty

which may extend up to five lakh rupees

on such mental health establishment and

the Authority on its own or on the

recommendations of the Board may also

cancel the registration of such mental health

establishment after giving an opportunity of

being heard.

83. Appeal to High Court against order of

Authority or Board.— Any person or

establishment aggrieved by the decision of the

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Authority or a Board may, within a period of

thirty days from such decision, prefer an

appeal to the High Court of the State in which

the Board is situated:

Provided that the High Court may entertain

an appeal after the expiry of the said period of

thirty days, if it is satisfied that the appellant

had sufficient cause for not preferring the

appeal within the period of thirty days.

84. Grants by Central Government.— (1) The

Central Government may, 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.

(2) The grants referred to in sub-section (1)

shall be applied for,—

(a) meeting the salary, allowances and

other remuneration of the chairperson,

members, officers and other employees of

the Central Authority;

(b) meeting the salary, allowances and

other remuneration of the chairperson,

members, officers and other employees of

the Boards; and

and the Boards incurred in the discharge of

their functions and for the purposes of this

Act.

CHAPTER XII

Admission, Treatment and Discharge

85. Admission of person with mental illness

as independent patient in mental health

establishment.— (1) For the purposes of this

Act, “independent patient or an independent

admission” refers to the admission of person

with mental illness, to a mental health

establishment, who has the capacity to make

mental healthcare and treatment decisions or

requires minimal support in making decisions.

(2) All admissions in the mental health

establishment shall, as far as possible, be

independent admissions except when such

conditions exist as make supported admission

unavoidable.

86. Independent admission and treatment.—

(1) Any person, who is not a minor and who

considers himself to have a mental illness and

desires to be admitted to any mental health

establishment for treatment may request the

medical officer or mental health professional

in charge of the establishment to be admitted

as an independent patient.

(2) On receipt of such request under sub-

-section (1), the medical officer or mental

health professional in charge of the

establishment shall admit the person to the

establishment if the medical officer or mental

health professional is satisfied that—

(a) the person has a mental illness of a

severity requiring admission to a mental

health establishment;

(b) the person with mental illness is likely

to benefit from admission and treatment to

the mental health establishment;

and purpose of admission to the mental

health establishment, and has made the

request for admission of his own free will,

without any duress or undue influence and

has the capacity to make mental healthcare

and treatment decisions without support or

requires minimal support from others in

making such decisions.

(3) If a person is unable to understand the

purpose, nature, likely effects of proposed

treatment and of the probable result of not

accepting the treatment or requires a very

high level of support approaching hundred per

cent, support in making decisions, he or she

shall be deemed unable to understand the

purpose of the admission and therefore shall

not be admitted as independent patient under

this section.

(4) A person admitted as an independent

patient to a mental health establishment shall

be bound to abide by order and instructions or

bye-laws of the mental health establishment.

(5) An independent patient shall not be

given treatment without his informed consent.

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(6) The mental health establishment shall

admit an independent patient on his own

request, and shall not require the consent or

presence of a nominated representative or a

relative or care-giver for admitting the person

to the mental health establishment.

(7) Subject to the provisions contained in

section 88 an independent patient may get

himself discharged from toe mental health

establishment without the consent of the

medical officer or mental health professional

in charge of such establishment.

87. Admission of minor.— (1) A minor may

be admitted to a mental health establishment

only after following the procedure laid down

in this section.

(2) The nominated representative of the

minor shall apply to the medical officer in

charge of a mental health establishment for

admission of the minor to the establishment.

(3) Upon receipt of such an application, the

medical officer or mental health professional

in charge of the mental health establishment

may admit such a minor to the establishment,

if two psychiatrists, or one psychiatrist and one

mental health professional or one psychiatrist

and

one

medical

practitioner,

have

independently examined the minor on the day

of admission or in the preceding seven days

and both independently conclude based on

the examination and, if appropriate, on

information provided by others, that,—

(a) the minor has a mental illness of a

severity requiring admission to a mental

health establishment;

(b) admission shall be in the best

interests of the minor, with regard to his

health, well-being or safety, taking into

account the wishes of the minor if

ascertainable and the reasons for reaching

this decision;

minor cannot be fulfilled unless he is

admitted; and

(d) all community based alternatives to

admission have been shown to have failed

or are demonstrably unsuitable for the

needs of the minor.

(4) A minor so admitted shall be

accommodated separately from adults, in an

environment that takes into account his age

and developmental needs and is at least of the

same quality as is provided to other minors

admitted to hospitals for other medical

treatments.

(5) The nominated representative or an

attendant appointed by the nominated

representative shall under all circumstances

stay with the minor in the mental health

establishment for the entire duration of the

admission of the minor to the mental health

establishment.

(6) In the case of minor girls, where the

nominated representative is male, a female

attendant shall be appointed by the nominated

representative and under all circumstances

shall stay with the minor girl in the mental

health establishment for the entire duration

of her admission.

(7) A minor shall be given treatment with

the informed consent of his nominated

representative.

(8) If the nominated representative no longer

supports admission of the minor under this

section or requests discharge of the minor

from the mental health establishment, the

minor shall be discharged by the mental

health establishment.

(9) Any admission of a minor to a mental

health establishment shall be informed by the

medical officer or mental health professional

in charge of the mental health establishment

to the concerned Board within a period of

seventy-two hours.

(10) The concerned Board shall have the

right to visit and interview the minor or review

the medical records if the Board desires to do

so.

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(11) Any admission of a minor which

continues for a period of thirty days shall

be immediately informed to the concerned

Board.

(12) The concerned Board shall carry out a

mandatory review within a period of seven

days of being informed, of all admissions of

minors continuing beyond thirty days and

every subsequent thirty days.

(13) The concerned Board shall at minimum,

review the clinical records of the minor and

may interview the minor if necessary.

88. Discharge of independent patients.— (1)

The medical officer or mental health

professional in charge of a mental health

establishment shall discharge from the mental

health establishment any person admitted

under section 86 as an independent patient

immediately on request made by such person

or if the person disagrees with his admission

under section 86 subject to the provisions of

sub-section (3).

(2) Where a minor has been admitted to a

mental health establishment under section 87

and attains the age of eighteen years during

his stay in the mental health establishment,

the medical officer in charge of the mental

health establishment shall classify him as an

independent patient under section 86 and all

provisions of this Act as applicable to

independent patient who is not minor, shall

apply to such person.

(3) Notwithstanding anything contained in

this Act, a mental health professional may

prevent discharge of a person admitted as an

independent person under section 86 for a

period of twenty-four hours so as to allow his

assessment necessary for admission under

section 89 if the mental health professional is

of the opinion that—

(a) such person is unable to understand

the nature and purpose of his decisions

and requires substantial or very high

support from his nominated representative;

(b) has recently threatened or attempted

or is threatening or attempting to cause

bodily harm to himself; or

violently towards another person or has

caused or is causing another person to fear

bodily harm from him; or

(d) has recently shown or is showing an

inability to care for himself to a degree that

places the individual at risk of harm to

himself.

(4) The person referred to in sub-section (3)

shall be either admitted as a supported patient

under section 89, or discharged from the

establishment within a period of twenty-four

hours or on completion of assessments for

admission for a supported patient under

section 89, whichever is earlier.

89. Admission and treatment of persons with

mental illness, with high support needs, in

mental health establishment, up to thirty days

(supported admission).— (1) The medical

officer or mental health professional in charge

of a mental health establishment shall admit

every such person to the establishment, upon

application by the nominated representative

of the person, under this section, if—

(a) the person has been independently

examined on the day of admission or in the

preceding seven days, by one psychiatrist

and the other being a mental health

professional or a medical practitioner, and

both independently conclude based on the

examination and, if appropriate, on

information provided by others, that the

person has a mental illness of such severity

that the person,—

(i) has recently threatened or

attempted or is threatening or attempting

to cause bodily harm to himself; or

(ii) has recently behaved or is behaving

violently towards another person or has

caused or is causing another person to

fear bodily harm from him; or

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(iii) has recently shown or is showing

an inability to care for himself to a degree

that places the individual at risk of harm

to himself;

(b) the psychiatrist or the mental health

professionals or the medical practitioner, as

the case may be, certify, after taking into

account an advance directive, if any, that

admission

the

mental

health

establishment is the least restrictive care

option possible in the circumstances; and

and treatment as an independent patient

because the person is unable to make

mental healthcare and treatment decisions

independently and needs very high support

from his nominated representative in making

decisions.

(2) The admission of a person with mental

illness to a mental health establishment under

this section shall be limited to a period of thirty

days.

(3) At the end of the period mentioned under

sub-section (2), or earlier, if the person no

longer meets the criteria for admission as

stated in sub-section (1), the patient shall no

longer remain in the establishment under this

section.

(4) On the expiry of the period of thirty days

referred to in sub-section (2), the person may

continue to remain admitted in the mental

health establishment in accordance with the

provisions of section 90.

(5) If the conditions under section 90 are not

met, the person may continue to remain in the

mental

health

establishment

independent patient under section 86 and the

medical officer or mental health professional

in charge of the mental health establishment

shall inform the person of his admission status

under this Act, including his right to leave the

mental health establishment.

(6) Every person with mental illness

admitted under this section shall be provided

treatment after taking into account,—

(a) an advance directive if any; or

(b) informed consent of the patient with

the support of his nominated representative

subject to the provisions of sub-section (7).

(7) If a person with the mental illness

admitted under this section requires nearly

hundred per cent. support from his nominated

representative in making a decision in respect

of his treatment, the nominated representative

may temporarily consent to the treatment plan

of such person on his behalf.

(8) In case where consent has been given

under sub-section (7), the medical officer or

mental health professional in charge of the

mental health establishment shall record such

consent in the medical records and review the

capacity of the patient to give consent every

seven days.

(9) The medical officer or mental health

professional in charge of the mental health

establishment shall report the concerned

Board,—

(a) within three days the admissions of a

woman or a minor;

(b) within seven days the admission of any

person not being a woman or mirror.

(10) A person admitted under this section

or his nominated representative or a

representative

registered

non-

-governmental organisation with the consent

of the person, may apply to the concerned

Board for review of the decision of the medical

officer or mental health professional in charge

of the mental health establishment to admit

the person to the mental health establishment

under this section.

(11) The concerned Board shall review the

decision of the medical officer or mental health

professional in charge of the mental health

establishment and give its findings thereon

within seven days of receipt of request for such

review which shall be binding on all the

concerned parties.

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(12) Notwithstanding anything contained in

this Act, it shall be the duty of the medical

officer or mental health professional in charge

of the mental health establishment to keep the

condition of the person with mental illness

admitted under this section on going review.

(13) If the medical officer or mental health

professional in charge of the mental health

establishment is of the opinion that the

conditions specified under sub-section (1) are

no longer applicable, he shall terminate the

admission under this section, and inform the

person and his nominated representative

accordingly.

(14) Non applicability of conditions referred

to in sub-section (13) shall not preclude the

person with mental illness remaining as an

independent patient.

(15) In a case, a person with the mental

illness admitted under this section has been

discharged, such person shall not be

readmitted under this section within a period

of seven days from the date of his discharge.

(16) In case a person referred to in

sub-section (15) requires readmission within

a period of seven days referred to in that

sub-section, such person shall be considered

for readmission in accordance with the

provisions of section 90.

(17) If the medical officer or mental health

professional in charge of the mental health

establishment is of the opinion that the person

with mental illness admitted under this section

in the mental health establishment requires

or is likely to require further treatment beyond

the period of thirty days, then such medical

officer or mental health professional shall be

duty bound to refer the matter to be examined

by two psychiatrists for his admission beyond

thirty days.

90. Admission and treatment of persons with

mental illness, with high support needs, in

mental health establishment, beyond thirty

days (Supported admission beyond thirty

days).— (1) If a person with mental illness

admitted under section 89 requires continuous

admission and treatment beyond thirty days

or a person with mental illness discharged

under sub-section (15) of that section requires

readmission within seven days of such

discharge, he shall be admitted in accordance

with the provisions of this section.

(2) The medical officer or mental health

professional in charge of a mental health

establishment, upon application by the

nominated representative of a person with

mental illness, shall continue admission of

such person with mental illness, if—

(a) two psychiatrists have independently

examined the person with mental illness in

the preceding seven days and both

independently conclude based on the

examination and, on information provided

by others that the person has a mental

illness of a severity that the person—

(i) has consistently over time threatened

or attempted to cause bodily harm to

himself; or

(ii) has consistently over time behaved

violently towards another person or has

consistently over time caused another

person to fear bodily harm from him; or

(iii) has consistently over time shown

an inability to care for himself to a degree

that places the individual at risk of harm

to himself;

(b) both psychiatrists, after taking into

account an advance directive, if any, certify

that admission to a mental health

establishment is the least restrictive care

option possible under the circumstances;

and

ineligible to receive care and treatment as

a independent patient as the person cannot

make mental healthcare and treatment

decisions independently and needs very

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high

support

from

his

nominated

representative, in making decisions.

(3) The medical officer or mental health

professional in charge of the mental health

establishment shall report all admissions or

readmission under this section, within a

period of seven days of such admission or

readmission, to the concerned Board.

(4) The Board shall, within a period of

twenty-one days from the date of last

admission or readmission of person with

mental illness under this section, permit such

admission or readmission or order discharge

of such person.

(5) While

permitting

admission

readmission or ordering discharge of such

person under sub-section (4), the Board shall

examine—

(a) the need for institutional care to such

person;

(b) whether such care cannot be

provided in less restrictive settings based

in the community.

(6) In all cases of application for readmission

or continuance of admission of a person with

mental illness in the mental health

establishment under this section, the Board

may require the medical officer or psychiatrist

in charge of treatment of such person with

mental illness to submit a plan for community

based treatment and the progress made, or

likely to be made, towards realising this plan.

(7) The person referred to in sub-section (4)

shall not be permitted to continue in the

mental health establishment in which he had

been admitted or his readmission in such

establishment merely on the ground of

non-existence of community based services

at the place where such person ordinarily

resides.

(8) The admission of a person with mental

illness to a mental health establishment under

this section shall be limited to a period up to

ninety days in the first instance.

(9) The admission of a person with mental

illness to a mental health establishment under

this section beyond the period of ninety days

may be extended for a period of one hundred

and twenty days at the first instance and

thereafter for a period of one hundred and

eighty days each time after complying with

the provisions of sub-sections (1) to (7).

(10) If the Board refuses to permit admission

or continuation thereof or readmission under

sub-section (9), or on the expiry of the periods

referred to in sub-section (9) or earlier if such

person no longer falls within the criteria for

admission under sub-section (1), such person

shall be discharged from such mental health

establishment.

(11) Every person with mental illness

admitted under this section shall be provided

treatment, after taking into account—

(a) an advance directive; or

(b) informed consent of the person with

the

support

from

his

nominated

representative subject to the provision of

sub-section (12).

(12) If a person with mental illness admitted

under this section, requires nearly hundred

per cent. support from his nominated

representative, in making decision in respect

of his treatment, the nominated representative

may temporarily consent to the treatment plan

of such person on his behalf.

(13) In a case where consent has been given

under sub-section (12), the medical officer or

mental health professional in charge of the

mental health establishment shall record such

consent in the medical records of such person

with mental illness and review on the expiry

of every fortnight, the capacity of such person

to give consent.

(14) A person with mental illness admitted

under this section, or his nominated

representative or a representative of a

registered non-governmental organisation

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with the consent of the person, may apply to

the concerned Board for review of the decision

of the medical officer or mental health

professional in charge of medical health

establishment to admit such person in such

establishment and the decision of the Board

thereon shall be binding on all parties.

(15) Notwithstanding anything contained in

this Act, if the medical officer or mental health

professional in charge of the mental health

establishment is of the opinion that the

conditions under sub-section (1) are no longer

applicable, such medical officer or mental

health professional shall discharge such

person from such establishment and inform

such person and his nominated representative

accordingly.

(16) The person with mental illness referred

to in sub-section (15) may continue to remain

in the mental health establishment as an

independent patient.

91. Leave of absence.— The medical officer

or mental health professional in charge of the

mental health establishment may grant leave

to any person with mental illness admitted

under section 87 or section 89 or section 90,

to be absent from the establishment subject

to such conditions, if any, and for such

duration as such medical officer or psychiatrist

may consider necessary.

92. Absence without leave or discharge.—

If any person to whom section 103 applies

absents himself without leave or without

discharge

from

the

mental

health

establishment, he shall be taken into

protection by any Police Officer at the request

of the medical officer or mental health

professional in-charge of the mental health

establishment and shall be sent back to the

mental health establishment immediately.

93. Transfer of persons with mental illness

from one mental health establishment to

another mental health establishment— (1) A

person with mental illness admitted to a

mental health establishment under section 87

or section 89 or section 90 or section 103, as

the case may be, may subject to any general

or special order of the Board be removed from

such mental health establishment and

admitted

another

mental

health

establishment within the State or with the

consent of the Central Authority to any mental

health establishment in any other State:

Provided that no person with mental illness

admitted to a mental health establishment

under an order made in pursuance of an

application made under this Act shall be so

removed unless intimation and reasons for

the transfer have been given to the person

with mental illness and his nominated

representative.

(2) The State Government may make such

general or special order as it thinks fit

directing the removal of any prisoner with

mental illness from the place where he is for

the time being detained, to any mental health

establishment or other place of safe custody

in the State or to any mental health

establishment or other place of safe custody

in any other State with the consent of the

Government of that other State.

94. Emergency treatment.— (1) Notwith-

standing anything contained in this Act, any

medical treatment, including treatment for

mental illness, may be provided by any

registered medical practitioner to a person

with mental illness either at a health

establishment or in the community, subject to

the informed consent of the nominated

representative, where the nominated

representative is available, and where it is

immediately necessary to prevent—

(a) death or irreversible harm to the

health of the person; or

(b) the person inflicting serious harm to

himself or to others; or

property belonging to himself or to others

where such behaviour is believed to flow

directly from the person’s mental illness.

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Explanation.— For the purposes of this

section, “emergency treatment” includes

transportation of the person with mental

illness

nearest

mental

health

establishment for assessment.

(2) Nothing in this section shall allow any

medical officer or psychiatrist to give to the

person with mental illness medical treatment

which is not directly related to the emergency

treatment specified under sub-section (1).

(3) Nothing in this section shall allow any

medical officer or psychiatrist to use electro-

convulsive therapy as a form of treatment

(4) The emergency treatment referred to in

this section shall be limited to seventy-two

hours or till the person with mental illness

has been assessed at a mental health

establishment, whichever is earlier:

Provided that during a disaster or

emergency declared by the appropriate

Government, the period of emergency

treatment referred to in this sub-section may

extend up to seven days.

95. Prohibited procedures.— (1) Notwith-

standing anything contained in this Act, the

following treatments shall not be performed

on any person with mental illness-

(a) electro-convulsive therapy without the

use of muscle relaxants and anaesthesia;

(b) electro-convulsive therapy for minors;

such sterilisation is intended as a treatment

for mental illness;

(d) chained in any manner or form

whatsoever.

(2) Notwithstanding anything contained in

sub-section (1), if, in the opinion of psychiatrist

in charge of a minor’s treatment, electro-

convulsive therapy is required, then, such

treatment shall be done with the informed

consent of the guardian and prior permission

of the concerned Board.

96. Restriction on psychosurgery for persons

with mental illness.— (1) Notwithstanding

anything contained in this Act, psychosurgery

shall not be performed as a treatment for

mental illness unless—

(a) the informed consent of the person on

whom the surgery is being performed; and

(b) approval from the concerned Board

to perform the surgery,

has been obtained.

(2) The Central Authority may make

regulations for the purpose of carrying out the

provisions of this section.

97. Restraints and seclusion.— (1) A person

with mental illness shall not be subjected to

seclusion or solitary confinement, and, where

necessary, physical restraint may only be used

when,—

(a) it is the only means available to

prevent imminent and immediate harm to

person concerned or to others;

(b) it is authorised by the psychiatrist in

charge of the person’s treatment at the

mental health establishment.

(2) Physical restraint shall not be used for a

period longer than it is absolutely necessary

to prevent the immediate risk of significant

harm.

(3) The medical officer or mental health

professional in charge of the mental health

establishment shall be responsible for

ensuring that the method, nature of restraint

justification for its imposition and the duration

of the restraint are immediately recorded in

the person’s medical notes.

(4) The restraint shall not be used as a form

of punishment or deterrent in any circum-

stance and the mental health establishment

shall not use restraint merely on the ground

of shortage of staff in such establishment.

(5) The nominated representative of the

person with mental illness shall be informed

about every instance of restraint within a

period of twenty-four hours.

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(6) A person who is placed under restraint

shall be kept in a place where he can cause

no harm to himself or others and under regular

ongoing supervision of the medical personnel

at the mental health establishment.

(7) The mental health establishment shall

include all instances of restraint in the report

to be sent to the concerned Board on a monthly

basis.

(8) The Central Authority may make

regulations for the purpose of carrying out the

provisions of this section.

(9) The Board may order a mental health

establishment to desist from applying restraint

if the Board is of the opinion that the mental

health establishment is persistently and

wilfully ignoring the provisions of this section.

98. Discharge planning.— (1) Whenever a

person undergoing treatment for mental

illness in a mental health establishment is to

be discharged into the community or to a

different mental health establishment or

where a new psychiatrist is to take

responsibility of the person’s care and

treatment, the psychiatrist who has been

responsible for the person’s care and

treatment shall consult with the person with

mental illness, the nominated representative,

the family member or care-giver with whom

the person with mental illness shall reside on

discharge from the hospital, the psychiatrist

expected to be responsible for the person’s

care and treatment in the future, and such

other persons as may be appropriate, as to

what treatment or services would be

appropriate for the person.

(2) The psychiatrist responsible for the

person’s care shall in consultation with the

persons referred to in sub-section (1) ensure

that a plan is developed as to how treatment

or services shall be provided to the person

with mental illness.

(3) The discharge planning under this

section shall apply to all discharges from a

mental health establishment.

99. Research.— (1) The professionals

conducting research shall obtain free and

informed consent from all persons with mental

illness for participation in any research

involving interviewing the person or

psychological, physical, chemical or medicinal

interventions.

(2) In case of research involving any

psychological, physical, chemical or medicinal

interventions to be conducted on person who

is unable to give free and informed consent

but does not resist participation in such

research, permission to conduct such research

shall be obtained from concerned State

Authority.

(3) The State Authority may allow the

research to proceed based on informed

consent being obtained from the nominated

representative of persons with mental illness,

if the State Authority is satisfied that—

(a) the proposed research cannot be

performed on persons who are capable of

giving free and informed consent;

(b) the proposed research is necessary

to promote the mental health of the

population represented by the person;

is to obtain knowledge relevant to the

particular mental health needs of persons

with mental illness;

(d) a full disclosure of the interests of

persons and organisations conducting the

proposed research is made and there is no

conflict of interest involved; and

(e) the proposed research follows all the

national and international guidelines and

regulations concerning the conduct of such

research and ethical approval has been

obtained from the institutional ethics

committee where such research is to be

conducted.

(4) The provisions of this section shall not

restrict research based study of the case notes

of a person who is unable to give informed

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consent, so long as the anonymity of the

persons is secured.

(5) The person with mental illness or the

nominated representative who gives informed

consent for participation in any research

under this Act may withdraw the consent at

any time during the period of research.

CHAPTER XIII

Responsibilities of other Agencies

100. Duties of police officers in respect of

persons with mental illness.— (1) Every officer

in-charge of a police station shall have a

duty—

(a) to take under protection any person

found wandering at large within the limits of

the police station whom the officer has reason

to believe has mental illness and is incapable

of taking care of himself; or

(b) to take under protection any person

within the limits of the police station whom

the officer has reason to believe to be a risk to

himself or others by reason of mental illness.

(2) The officer in-charge of a police station

shall inform the person who has been taken

into protection under sub-section (1), the

grounds for taking him into such protection

or his nominated representative, if in the

opinion of the officer such person has difficulty

in understanding those grounds.

(3) Every person taken into protection

under sub-section (1) shall be taken to the

nearest public health establishment as soon

as possible but not later than twenty-four

hours from the time of being taken into

protection, for assessment of the person’s

health care needs.

(4) No person taken into protection under

sub-section (1) shall be detained in the police

lock up or prison in any circumstances.

(5) The medical officer in charge of the

public health establishment shall be

responsible for arranging the assessment of

the person and the needs of the person with

mental illness will be addressed as per other

provisions of this Act as applicable in the

particular circumstances.

(6) The medical officer or mental health

professional in-charge of the public mental

health establishment if on assessment of the

person finds that such person does not have a

mental illness of a nature or degree requiring

admission to the mental health establishment,

he shall inform his assessment to the police

officer who had taken the person into

protection and the police officer shall take the

person to the person’s residence or in case

of homeless persons, to a Government

establishment for homeless persons.

(7) In case of a person with mental illness

who is homeless or found wandering in the

community, a First Information Report of a

missing person shall be lodged at the

concerned police station and the station house

officer shall have a duty to trace the family of

such person and inform the family about the

whereabouts of the person.

101. Report to Magistrate of person with

mental illness in private residence who is ill-

treated or neglected.— (1) Every officer in-

charge of a police station, who has reason to

believe that any person residing within the

limits of the police station has a mental illness

and is being ill-treated or neglected, shall

forthwith report the fact to the Magistrate

within the local limits of whose jurisdiction the

person with mental illness resides.

(2) Any person who has reason to believe

that a person has mental illness and is being

ill-treated or neglected by any person having

responsibility for care of such person, shall

report the fact to the police officer in-charge

of the police station within whose jurisdiction

the person with mental illness resides.

(3) If the Magistrate has reason to believe

based on the report of a police officer or

otherwise, that any person with mental illness

within the local limits of his jurisdiction is being

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ill-treated or neglected, the Magistrate may

cause the person with mental illness to be

produced before him and pass an order in

accordance with the provisions of section 102.

102. Conveying or admitting person with

mental illness to mental health establishment

by Magistrate.— (1) When any person with

mental illness or who may have a mental

illness appears or is brought before a

Magistrate, the Magistrate may, order in

writing—

(a) that the person is conveyed to a public

mental health establishment for assessment

and treatment, if necessary and the mental

health establishment shall deal with such

person in accordance with the provisions

of the Act; or

(b) to authorise the admission of the

person with mental illness in a mental health

establishment for such period not exceeding

ten days to enable the medical officer or

mental health professional in charge of the

mental health establishment to carry out an

assessment of the person and to plan for

necessary treatment, if any.

(2) On completion of the period of

assessment referred to in sub-section (1), the

medical officer or mental health professional

in charge of the mental health establishment

shall submit a report to the Magistrate and

the person shall be dealt with in accordance

with the provisions of this Act.

103. Prisoners with mental

illness.— (1) An order under section

30 of the Prisoners Act, 1900 or

under section 144 of the Air Force

Act, 1950, or under section 145 of

the Army Act, 1950, or under section

143 or section 144 of the Navy Act,

1957, or under section 330 or section

335 of the Code of Criminal

Procedure, 1973, directing the

admission of a prisoner with mental

illness into any suitable mental

health establishment, shall be

sufficient authority for the admission

of such person in such establish-

ment to which such person may be

lawfully transferred for care and

treatment therein.

Provided that transfer of a prisoner with

mental illness to the psychiatric ward in the

medical wing of the prison shall be sufficient

to meet the requirements under this section:

Provided further that where there is no

provision for a psychiatric ward in the medical

wing, the prisoner may be transferred to a

mental health establishment with prior

permission of the Board.

(2) The method, modalities and procedure

by which the transfer of a prisoner under this

section is to be effected shall be such as may

be prescribed.

(3) The medical officer of a prison or jail shall

send a quarterly report to the concerned

Board certifying therein that there are no

prisoners with mental illness in the prison or

jail.

(4) The Board may visit the prison or jail and

ask the medical officer as to why the prisoner

with mental illness, if any, has been kept in

the prison or jail and not transferred for

treatment to a mental health establishment.

(5) The medical officer in-charge of a mental

health establishment wherein any person

referred to in sub-section (1) is detained, shall

once in every six months, make a special

report regarding the mental and physical

condition of such person to the authority

under whose order such person is detained.

(6) The appropriate Government shall setup

mental health establishment in the medical

wing of at least one prison in each State and

Union territory and prisoners with mental

illness may ordinarily be referred to and cared

for in the said mental health establishment.

(7) The mental health establishment setup

under sub-section (5) shall be registered

under this Act with the Central or State Mental

3 of 1900.

45 of 1950.

46 of 1950.

62 of 1957.

2 of 1974.

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Health Authority, as the case may be, and shall

conform to such standards and procedures as

may be prescribed.

104. Person in custodial institutions.— (1) If

it appears to the person in-charge of a State

run custodial institution (including beggars

homes, orphanages, women’s protection

homes and children homes) that any resident

of the institution has, or is likely to have, a

mental illness, then, he shall take such

resident of the institution to the nearest mental

health establishment run or funded by the

appropriate Government for assessment and

treatment, as necessary.

(2) The medical officer in-charge of a mental

health establishment shall be responsible for

assessment of the person with mental illness,

and the treatment required by such persons

shall be decided in accordance with the

provisions of this Act.

105. Question of mental illness in judicial

process.— If during any judicial process before

any competent court, proof of mental illness

is produced and is challenged by the other

party, the court shall refer the same for further

scrutiny to the concerned Board and the Board

shall, after examination of the person alleged

to have a mental illness either by itself or

through a committee of experts, submit its

opinion to the court.

CHAPTER XIV

Restriction to discharge functions by professionals

not covered by profession

106. Restriction to discharge functions by

professionals not covered by profession.— No

mental health professional or medical

practitioner shall discharge any duty or

perform any function not authorised by this

Act or specify or recommend any medicine or

treatment not authorised by the field of his

profession.

CHAPTER XV

Offence and Penalties

107. Penalties for establishing or maintain

mental health establishment in contravention

of provisions of this Act.— (1) Whoever carries

on a mental health establishment without

registration shall be liable to a penalty which

shall not be less than five thousand rupees but

which may extend to fifty thousand rupees for

first contravention or a penalty which shall not

be less than fifty thousand rupees but which

may extend to two lakh rupees for a second

contravention or a penalty which shall not be

less than two lakh rupees but which may

extend to five lakh rupees for every

subsequent contravention.

(2) Whoever knowingly serves in the

capacity as a mental health professional in a

mental health establishment which is not

registered under this Act, shall be liable to a

penalty which may extend to twenty-five

thousand rupees.

(3) Save as otherwise provided in this Act,

the penalty under this section shall be

adjudicated by the State Authority.

(4) Whoever fails to pay the amount of

penalty, the State Authority may forward the

order to the Collector of the district in which

such person owns any property or resides or

carries on his business or profession or where

the mental health establishment is situated,

and the Collector shall recover from such

persons or mental health establishment the

amount specified thereunder, as if it were an

arrear of land revenue.

(5) All sums realised by way of penalties

under this Chapter shall be credited to the

Consolidated Fund of India.

108. Punishment for contravention of

provisions of the Act or rules or regulations

made thereunder.— Any person who

contravenes any of the provisions of this Act,

or of any rule or regulation made thereunder

shall for first contravention 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, and

for any subsequent contravention with

imprisonment for a term which may extend to

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two years or with fine which shall not be less

than fifty thousand rupees but which may

extend to five lakh rupees or with both.

109. Offences by companies.— (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 has

exercised all due diligence to prevent the

commission of such offence.

(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 the 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.

CHAPTER XVI

Miscellaneous

110. Power to call for information.— (1) The

Central Government may, by a general or

special order, call upon the Authority or the

Board to furnish, periodically or as and when

required any information concerning the

activities carried on by the Authority or the

Board, as the case may be, in such form as

may be prescribed, to enable that Government,

to carry out the purposes of this Act.

(2) The State Government may, by a general

or special order, call upon the State Authority

or the Board to furnish, periodically or as and

when required any information concerning

the activities carried on by the State Authority

or the Board in such form as may be

prescribed, to enable that Government, to

carry out the purposes of this Act.

111. Power of Central Government to issue

directions.— (1) Without prejudice to the

foregoing provisions of this Act, the Authority

shall, in exercise of its powers or the

performance of its functions under this Act,

be bound by such directions on questions of

policy, other than those relating to technical

and administrative matters, as the Central

Government may give in writing to it from time

to time:

Provided that the Authority shall, as far as

practicable, be given an opportunity to

express its views before any direction is given

under this sub-section.

(2) The decision of the Central Government

whether a question is one of policy or not shall

be final.

112. Power Central Government to

supersede Central Authority.— (1) If at any

time the Central Government is of the

opinion—

(a) that on account of circumstances

beyond the control of the Central Authority,

it is unable to discharge the functions or

perform the duties imposed on it by or under

the provisions of this Act; or

(b) that the Central Authority has

persistently defaulted in complying with

any direction given by the Central

Government under this Act or in the

discharge of the functions or performance

of the duties imposed on it by or under the

provisions of this Act; or

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it necessary in the public interest so to do,

the Central Government may, by notification

and for reasons to be specified therein,

supersede the Central Authority for such

period, not exceeding six months, as may be

specified in the notification:

Provided that before issuing any such

notification, the Central Government shall give

a reasonable opportunity to the Central

Authority to make representations against the

proposed supersession and shall consider

representations, if any, of the Central

Authority.

(2) Upon the publication of a notification

under sub-section (1), superseding the Central

Authority,—

(a) the chairperson and other members

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 the Central Government or

such authority as the Central Government

may specify in this behalf;

the Central Authority shall, until the Central

Authority is reconstituted under sub-

section (3), vest in the Central Government.

(3) On or before the expiration of the period

of super session specified in the notification

issued under sub-section (1), the Central

Government shall reconstitute the Central

Authority by a fresh appointment of its

chairperson and other members and in such

case any person who had vacated his

office under clause (a) of sub-section (2) shall

not be deemed to be disqualified for

re-appointment.

(4) The Central Government shall cause a

notification issued under sub-section (1) and

a full report of any action taken under this

section and the circumstances leading to such

action to be laid before each House of

Parliament at the earliest.

113. Power of State Government to

supersede State Authority.— (1) If at any time

the State Government is of the opinion—

(a) that on account of circumstances

beyond the control of the State Authority, it

is unable to discharge the functions or

perform the duties imposed on it by or under

the provisions of this Act; or

(b) that the State Authority has

persistently defaulted in complying with

any direction given by the State

Government under this Act or in the

discharge of the functions or performance

of the duties imposed on it by or under the

provisions of this Act; or

it necessary in the public interest so to do,

the State Government may, by notification

and for reasons to be specified therein,

supersede the State Authority for such

period, not exceeding six months, as may

be specified in the notification:

Provided that before issuing any such

notification, the State Government shall give

a reasonable opportunity to the State

Authority to make representations against the

proposed supersession and shall consider

representations, if any, of the State Authority.

(2) Upon the publication of a notification

under sub-section (1) superseding the State

Authority,—

(a) the chairperson and other members

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

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discharged by the State Government or

such authority as the State Government

may specify in this behalf;

the State Authority shall, until the State

Authority is reconstituted under sub-section

(3), vest in the State Government.

(3) On or before the expiration of the period

of supersession specified in the notification

issued under sub-section (1), the State

Government shall reconstitute the State

Authority by a fresh appointment of its

chairperson and other members and in such

case any person who had vacated his office

under clause (a) of sub-section (2) shall

not be deemed to be disqualified for

re-appointment.

(4) The State Government shall cause a

notification issued under sub-section (1) and

a full report of any action taken under this

section and the circumstances leading to such

action to be laid before the State Legislature

at the earliest.

114. Special provisions for States in north-

east and hill States.— (1) Notwithstanding

anything contained in this Act, the provisions

of this Act shall, taking into consideration the

communication, travel and transportation

difficulties, apply to the States of Assam,

Meghalaya, Tripura, Mizoram, Manipur,

Nagaland, Arunachal Pradesh and Sikkim,

with following modifications, namely:—

(a) under sub-section (3) of section 73, the

chairperson of the Central Authority may

constitute one or more Boards for all the

States;

(b) in sub-section (2) of section 80,

reference to the period of “seven days”, and

in sub-section (3) of that section, reference

to the period of “twenty-one days” shall be

construed as “ten days” and “thirty days”,

respectively;

reference to the period of “seventy-two

hours” shall be construed as “one hundred

twenty hours”, and in sub-sections (3) and

(12) of that section, reference to a period of

“seven days” shall be construed as “ten

days”;

(d) in sub-section (3) of section 88,

reference to the period of “twenty-four

hours” shall be construed as “seventy-two

hours”;

(e) in clauses (a) and (b) of sub-section

(9) of section 89, reference to the period of

“three days” and “seven days” shall be

construed as “seven days” and “ten days”

respectively;

(f) in sub-section (3) of section 90,

reference to the period of “seven days” and

in sub-section (4) of that section, reference

to the period of “twenty-one days” shall be

construed as “ten days” and “thirty days”

respectively;

(g) in sub-section (4) of section 94,

reference to the period of “seventy-two

hours” shall be construed as “one hundred

twenty hours”.

(2) The provisions of clauses (b) to (g) of

sub-section (1) shall also apply to the States

of Uttarakhand, Himachal Pradesh and

Jammu and Kashmir and the Union territories

of Lakshadweep and Andaman and Nicobar

Islands.

(3) The provisions of this section

shall cease to have effect on the

expiry of a period of ten years from

the commencement of this Act,

except as respects things done or

omitted to be done before such

cesser, and upon such cesser section

6 of the General Clauses Act, 1897,

shall apply as if this Act had then

been repealed by a Central Act.

115. Presumption of severe stress

in case of attempt to commit

suicide.— (1) Notwithstanding

anything contained in section 309 of

the Indian Penal Code any person

10 of 1897.

45 of 1860.

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who attempts to commit suicide

shall be presumed, unless proved

otherwise, to have severe stress and

shall not be tried and punished

under the said Code.

(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 to entertain any suit or

proceeding in respect of any matter which the

Authority or the Board 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.

117. Transitory provision.— The

Central Government may, if it

considers so necessary in the

interest of persons with mental

illness being governed by the

Mental Health Act, 1987, take

appropriate interim measures by

making

necessary

transitory

schemes.

118. Chairperson, members and

staff of Authority and Board to be

public servants.— The chairperson,

and other members and the officers

and other employees of the Authority

and Board shall be deemed to be

public servants within the meaning

of section 21 of the Indian Penal

Code.

119. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceeding shall lie against the appropriate

Government or against the chairperson or any

other member of the Authority or the Board,

as the case may be, 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 in the discharge of official

duties.

120. Act to have overriding effect.— The

provisions of this Act shall have overriding

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.

121. Power of Central Government and State

Governments to make rules.— (1) The Central

Government may, by notification, make rules

for carrying out the provisions of this Act.

(2) Subject to the provisions of sub-section

(1), the State Government may, with the

previous approval of the Central Government,

by notification, make rules for carrying out the

provisions of this Act:

Provided that the first rules shall be made

by the Central Government, by notification.

(3) In particular, and without prejudice to

the generality of the foregoing power, rules

made under sub-section (1) may provide for

all or any of the following matters, namely:—

(a) qualifications relating to clinical

psychologist under sub-clause (ii) of clause

(f) of sub-section (1) of section 2;

(b) qualifications relating to psychiatric

social worker under clause (w) of sub-section

(1) of section 2;

of the Central Authority under sub-section

(2) of section 34;

(d) the salaries and allowances payable

to, and the other terms and conditions of

service of, the chairperson and other

members of the Central Authority under

sub-section (3) of section 35;

(e) the procedure for registration

(including the fees to be levied for such

registration) of the mental health

establishments under sub-section (2) of

section 43;

14 of 1987.

45 of 1860.

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(f) the manner of nomination of members

of the State Authority under sub-section (2)

of section 46;

(g) the salaries and allowances payable

to, and the other terms and conditions

of service of, the chairperson and

other members of the State Authority under

sub-section (3) of section 47;

(h) the procedure for registration

(including the fees to be levied for such

registration) of the mental health

establishments under sub-section (2) of

section 55;

(i) the form of accounts and other relevant

records and annual statement of accounts

under sub-section (1) of section 59;

(j) the form in, and the time within which,

an annual report shall be prepared under

section 60;

(k) the form of accounts and other

relevant records and annual statement of

accounts under sub-section (1) of section 63;

(l) the form in, and the time within which,

an annual report shall be prepared under

section 64;

(m) manner of constitution of the Board

by the State Authority for a district or

groups of districts in a State;

(n) other disqualifications of chairperson

or members of the Board under clause (e) of

sub-section (2) of section 82;

(o) any other matter which is required to

be, or may be, specified by rules or in

respect for which provision is to be made

by rules.

(4) In particular, and without prejudice to

the generality of the foregoing power, rules

made under sub-section (2) may provide for

all or any of the following matters, namely:—

(a) the manner of proof of mental

healthcare and treatment under sub-section

(1) of section 4;

(b) provision of half-way homes, sheltered

accommodation and supported accommo-

-dation under clause (b) of sub-section (4)

of section 18;

rehabilitation establishment and services

under clause (d) of sub-section (4) of section

18;

(d) basic medical records of which access

is to be given to a person with mental illness

under sub-section (1) of section 25;

(e) custodial institutions under sub-

-section (2) of section 27;

(f) the form of application to be submitted

by the mental health establishment with the

undertaking that the mental health

establishment

fulfils

the

minimum

standards, if any, specified by the Authority,

under the Explanation to sub-section (2) of

section 65;

(g) the form of certificate of registration

under sub-section (3) of section 65;

(h) the form of application, the details,

the fees to be accompanied with it under

sub-section (1) of section 66;

(i) the form of certificate of provisional

registration containing particulars and

information under sub-section (4) of section

66;

(j) the fees for renewal of registration

under sub-section (11) of section 66;

(k) the person or persons (including

representatives of the local community) for

the purpose of conducting an audit of the

registered mental health establishments

under sub-section (1) and fees to be charged

by the Authority for conducting such audit

under sub-section (2) of section 67;

(l) the person or persons for the purpose

of conducting and inspection or inquiry of

the mental health establishments under

sub-section (1) of section 68;

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898

(m) the manner to enter and search of a

mental health establishment operating

without registration under sub-section (6)

of section 68;

(n) the fees for issuing a duplicate

certificate under sub-section (2) of section

70;

(o) the form and manner in which the

Authority shall maintain in digital format a

particulars of the certificate of registration

so granted in a separate register to be

maintained under section 71;

(p) constitution of the Boards under sub-

-section (3) of section 73;

(q) the honorarium and other allowances

payable to, and the other terms and

conditions of service of, the chairperson and

members of the Board under sub-section (3)

of section 75;

(r) method, modalities and procedure for

transfer of prisoners under sub-section (2)

of section 103;

(s) the standard and procedure to which

the Central or State Health Authority

shall confirm under sub-section (6) of section

103;

(t) the form for furnishing periodical

information under section 110; and

(u) any other matter which is required to

be, or may be, specified by rules or in

respect for which provision is to be made

by rules.

122. Power fo Central Authority to make

regulations.— (1) The Central Authority may,

by notification, make regulations, consistent

with the provisions of this Act and the rules

made thereunder, to carry out the provisions

of this Act.

(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) manner of making an advance

directive under section 6;

(b) additional regulations, regarding the

procedure of advance directive to protect

the rights of persons with mental illness

under sub-section (3) of section 12;

to, and the other terms and conditions of

service (including the qualifications,

experience and manner of appointment) of,

the chief executive officer and other officers

and employees of the Central Authority

under sub-section (3) of section 40;

(d) the times and places of meetings of

the Central Authority and rules of procedure

in regard to the transaction of business at

its meetings (including quorum at such

meetings) under sub-section (1) of section

44;

(e) the minimum standards of facilities

and services under clause (a) of sub-section

(4) of section 65;

(f) the minimum qualifications for the

personnel engaged in mental health

establishment under clause (b) of sub-section

(4) of section 65;

(g) provisions for maintenance of records

and reporting under clause (c) of sub-section

(4) of section 65;

(h) any other conditions under clause (d)

of sub-section (4) of section 65;

(i) categories of different mental health

establishment under clause (a) of sub-

-section (5) of section 65;

(j) the form of application to be made by

the mental health establishment and the

fees to be accompanied with it under sub-

section (12) of section 66;

(k) manner of submitting evidence under

sub-section (13) of section 66;

(l) the manner of filing objections under

sub-section (14) of section 66;

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899

(m) the time and places and rules of

procedure in regard to the transaction of

business at its meetings to be observed by

the Central Authority and the Board under

section 87;

(n) regulations under sub-section (2) of

section 96 and under sub-section (8) of

section 97;

(o) any other matter which is required to

be, or may be, specified by regulations or

in respect of which provision is to be made

by regulations.

123. Power of State Authority to make

regulations.— (1) The State Authority may, by

notification, make regulations, consistent with

the provision of this Act and the rules made

thereunder, to carry out the provisions of this

Act.

(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 minimum quality standards of

mental health services under sub-section

(9) of section 18;

(b) the salaries and allowances payable

to, and the other terms and conditions of

service (including the qualifications,

experience and manner of appointment) of

the chief executive officer and other officers

and employees of the State Authority under

sub-section (3) of section 52;

Authority shall publish the list of registered

mental health professionals under clause (d)

of sub-section (1) of section 55;

(d) the times and places of meetings of

the State Authority and rules of procedure

in regard to the transaction of business at

its meetings (including quorum at such

meetings) under sub-section (1) of section

56;

(e) the form of application to be made by

the mental health establishment and the

fees to be accompanied with it under sub-

-section (12) of section 66;

(f) the manner of filing objections under

sub-section (14) of section 66;

(g) any other matter which is required to

be, or may be, specified by regulations or

in respect of which provision is to be made

by regulations.

124. Laying of rules and regulations.— (1)

Every rule made by the Central Government

and every regulation made by the Central

Authority 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, as the case may be, 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, as the case may be.

(2) Every rule made by the State

Government and every regulation made by the

State Authority under this Act shall be laid, as

soon as may be after it is made, before each

House of the State Legislature where it consists

of two Houses, or where such Legislature

consists of one House, before that House.

125. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order, published in the Official

Gazette, make such provisions, not

inconsistent with the provisions of this Act,

as may appear to be necessary or expedient

for removing the difficulty:

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900

Provided that no order shall be made under

this section after the expiry of two years from

date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before each House of Parliament.

126. Repeal and saving.— (1) The

Mental Health Act, 1987 is hereby

repealed.

(2) Notwithstanding such repeal,—

(a) anything done or any action taken or

purported to have been done or taken

(including any rule, notification, inspection,

order or declaration made or any document

or instrument executed or any direction

given or any proceedings taken or any

penalty or fine imposed) 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 or taken under the

corresponding provisions of this Act;

(b) the Central Authority for Mental

Health Services, and the State Authority for

Mental Health Services established under

the repealed Act shall, continue to function

under the corresponding provisions of this

Act, unless and until the Central Authority

and the State Authority are constituted

under this Act;

Authority for Mental Health Services, or the

State Authority for Mental Services or any

person appointed as the visitor under the

repealed Act and holding office as such

immediately before the commencement of

this Act, shall on such commencement

continue to hold their respective office

under the corresponding provisions of this

Act, unless they are removed or until

superannuated;

(d) any person appointed under the

provisions of the repealed Act and holding

office as such immediately before the

commencement of this Act, shall, on such

commencement continue to hold his office

under the corresponding provisions of this

Act, unless they are removed or until

superannuated;

(e) any licence granted under the

provision of the repealed Act, shall be

deemed to have been granted under the

corresponding provisions of this Act unless

the same are cancelled or modified under

this Act;

(f) any proceeding pending in any court

under the repealed Act on the commence-

ment of this Act may be continued in that

court as if this Act had not been enacted;

(g) any appeal preferred from the order

of a Magistrate under the repealed Act but

not disposed of before the commencement

of this Act may be disposed of by the court

as if this Act had not been enacted.

(3) The mention of the particular

matters in sub-section (2) shall not

be held to prejudice or affect the

general application of section 6 of

the General Clauses Act, 1897 with

regard to the effect of repeal.

———ttt———

Department of Public Assistance

Institute of Public Assistance (Provedoria)

___

Notification

1-161/2013/IPA/Vol-II

In exercise of the powers conferred by

Article 19 of the Legislative Diploma No. 1984

dated 14-4-1960 and all other powers enabling

him in this behalf and in supersession of the

existing recruitment rules for the post of

Programme Officer and Cook notified vide

Government Notification No. 7-18-70-LSG,

dated 19-10-1978, published in the Official

Gazette, Series I No. 33 dated 16-11-1978, the

Governor of Goa hereby makes the following

rules to regulate the recruitment to Group ‘B’,

and Group ‘C’ posts in the Institute of Public

Assistance (IPA) (Provedoria), Panaji-Goa,

as follows, namely:—

14 of 1897.

10 of 1897.

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901

1. Short title, application and commence-

ment.— (1) These rules may be called

the Institute of Public Assistance (Provedoria)

Recruitment Rules, 2018.

(2) They shall apply to the post specified

in column (2) of the Schedule appended to

these rules (hereinafter called as the “said

Schedule”).

(3) They shall come into force from the

date of their publication in the Official

Gazette.

2. Definations.— In these rules, unless the

context otherwise requires,—

(a) “Director” means the Director of the

Institute of Public Assistance (Provedoria);

(b) “employee” means any person

appointed to the post mentioned in the said

Schedule;

of Goa;

(d) “Institute” means the Institute of Public

Assistance (Provedoria) with headquarters at

Panaji-Goa.

(e) “Secretary” means Secretary to the

Government of Goa in charge of Institute of

Public Assistance (Provedoria).

3. Number, classification and scales of

pay.— The number of posts, classification of

the said posts and the scales of pay attached

thereto shall be as specified in columns (3) to

(5) of the said Schedule:

Provided that the Government may vary the

number of posts in column (3) of the said

Schedule from time to time subject to

exigencies of work.

4. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said posts, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (6)

to (14) of the said Schedule:

Provided that no male candidate who has

more than one wife living and no female

candidate who has married a person having

already a wife living shall be eligible for

appointment unless the Government, after

being satisfied that there are special grounds

for doing so, exempt any such candidate from

the operation of this rule.

5. Probation.— Every person appointed to

the Institute’s services shall ordinarily be on

probation for a period of two years and this

period may be extended for a suitable period

to be determined by the Director. The services

of an employee on probation may be

terminated with one month’s notice, if the

employee’s work and/or conduct is found to

be unsatisfactory by the Government.

6. Selection Committee.— The Selection

Committee for Group ‘B’ and Group ‘C’ posts

shall be as specified in column (13) of the said

Schedule.

7. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing, relax any

of the provisions of these rules in respect to

any category of persons or posts as specified

in the said Schedule.

8. Saving.— Nothing in these rules shall

affect reservation/relaxation of age limit and

other concessions required to be provided for

Scheduled Castes/Scheduled Tribes and other

categories of persons in accordance with the

orders issued by the Government from time

to time in that regard.

By order and in the name of the Governor

of Goa.

Sudhir Mahajan, S e c retar y, I.P.A.

(Provedoria).

Panaji, 15th June, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

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902

SCHEDULE

Name of

the post

Age limit

for direct

recruits

Period

proba-

tion, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation

grades

from which

promotion/

/deputation

to be made

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation of

post

Whether age & educational

qualifications prescribed for

direct recruits will apply in the

case of promotees

Number

posts

Scale of

pay

If a

D.P.C./

/D.S.C.

exists,

what is its

compo-

sition

Circum-

stances

under which

the Goa

Public

Service

Commission

is to be

consulted in

making

recruitment

Whether

selection

post or

non-

-selection

post

Sl.

No.

(2018)

(Subject

variation

depen-

dent on

workload).

N.A.

Group

‘B’,

Gazetted.

Pay

Band

Rs.

9,300-

-34,800

and

Grade

Pay Rs.

4,600.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

Servants

upto 5

years in

accor-

dance

with the

order or

instruc-

tions

issued by

the

Govern-

ment

from time

to time).

N.A.

Two

years

for

direct

recruits.

By direct

recruitment,

failing which

by transfer on

deputation.

Pro-

gramme

Officer.

Transfer on

deputation:

Officers holding

analogous post

from State

Government

Department/

/Autonomous

Body or Officers

in the Pay Band

9,300-34,800 and

Grade Pay 4,600

having three

years experience

in conducting

training,

implementation,

monitoring and

supervision of

services for

children, women

and aged persons

(Period of

deputation shall

ordinarily not

exceed 3 years).

Group ‘B’,

Departmental

Selection

Committee

consisting of

(1) Secretary,

IPA

(Provedoria)

– Chairman

(2) Director of

Provedoria

– Member

(3) Joint

Director of

Accounts, IPA

(Provedoria)

– Member

N.A.

Essential:

(1) Bachelor’s Degree in So-

cial Work/Home Science (Food

and Nutrition).

(2) Minimum 3 years experi-

ence in conducting training,

implementation, monitoring

and supervision of services for

children, women and aged

persons.

(3) Knowledged of Konkani.

Desirable:

(1) Computer Literate.

(2)Knowledge of Marathi.

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4 5 6 7 8 9 10 11 12 13 14

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 13

28TH JUNE, 2018

903

(2018)

(Subject

variation

depen-

dent on

workload).

N.A.

Group ‘C’,

Non-

Gazetted.

Pay

Band

Rs.

5,200-

20,200

and

Grade

Pay

Rs.

1,800.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

Servants

upto 5

years in

accor-

dance

with the

instruc-

tions or

order

issued by

the

Govern-

ment

from time

to time).

N.A.

Two

years.

By direct

recruitment.

Care-

taker

N.A.

Group “C”,

Departmental

Selection

Committee

consisting of

(1) Director of

Provedoria–

Chairman.

(2) Joint

Director of

Accounts, IPA

(Provedoria)

– Member

(3) Assistant

Director, IPA

(Provedoria)

– Member

N.A.

Essential:

(1) Passed the Secondary

School Certificate Examina-

tion from a recognized Board/

/Institution. OR

Passed course conducted by

Industrial Training Institute

or equivalent qualification, in

relevant trade, from a recog-

nized Institution.

(2) Six months course in

Home Nursing through an

Institute approved by the

Government.

(3) Six months experience

in a hospital/child care

facility/nursing home /old

age home.

(4) Knowledge of Konkani.

Desirable:

Knowledge of Marathi.

(2018)

(Subject

variation

depen-

dent on

workload).

N.A.

Group ‘C’,

Non-

Gazetted.

Pay

Band

Rs.

5,200-

20,200

and

Grade

Pay

Rs.

1,800.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

Servants

upto 5

years in

accor-

dance

with the

order or

instruc-

tions

N.A.

Two

years.

By direct

recruitment.

Cook

N.A.

Group “C”,

Departmental

Selection

Committee

consisting of

(1) Director of

Provedoria–

Chairman.

(2) Joint

Director of

Accounts, IPA

(Provedoria)

– Member

(3) Assistant

Director, IPA

(Provedoria)

– Member

N.A.

Essential:

Essential (1) Passed the

Secondary School

Certificate Examination

from a recognized Board/

/Institution. OR

Passed course conducted by

Industrial Training Institute

or equivalent qualification,

in relevant trade, from a

recognized Institution.

(2) Certificate course in

cooking of minimum six

months duration from

Government recognized

Institution.

1 2 3

4 5 6 7 8 9 10 11 12 13 14