Section 46 in The Mental Healthcare Act, 2017

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.

Title: Resignation

Description: 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.

Title: Filling of vacancies

Description: 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 office of any member of that Authority, make nomination for filling up of the vacancy.

Title: Vacancies, etc, not to invalidate proceedings of State Authority

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