Section 34 in The Mental Healthcare Act 2017

Title: Composition of Central Authority

Description: (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; (c) Joint Secretary to the Government of 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.

Title: Term of office salaries and allowances of chairperson and members

Description: (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: 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 of service of, the chairperson and other members shall be such as may be prescribed.

Title: Resignation

Description: 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.

Title: Filling of vacancies

Description: 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.

Title: Vacancies etc not to invalidate proceedings of Central Authority

Description: 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 (c) any irregularity in the procedure of the Authority not affecting the merits of the case.