Section 43 in The Mental Healthcare Act 2017

Title: Functions of Central Authority

Description: (1) The Central Authority shall— (a) register 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 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 healthcare 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 (14 of 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.

Title: Meetings of Central Authority

Description: (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.

Title:  Establishment of State Authority

Description: 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.

Title: Composition of State Authority

Description: (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; (c) Director of Health Services or Medical Education—member ex officio; (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 (r) 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.

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

Description: (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.