Section 49 in The Mental Healthcare Act 2017

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.

Title: Member not to participate in meetings in certain cases

Description: 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.

Title: Officers and other employees of State Authority

Description: (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.

Title: Functions of chief executive officer of State Authority

Description: (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; (c) drawing up of proposal for the State 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; (c) the annual accounts for the previous 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.