Section 61 in The Mental Healthcare Act, 2017

Title: Grants by State Government

Description: 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.

Title: State Mental Health Authority Fund

Description: (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.

Title:  Accounts and audit of State Authority

Description: (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.

Title: Annual report of State Authority

Description: 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.

Title: Registration of mental health establishment

Description: (1) No person or organisation shall establish or run a mental health establishment 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. (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 (23 of 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; (c) provisions for maintenance of records 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; (c) while specifying the minimum 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.