Section 67 in The Mental Healthcare Act, 2017

Title: Audit of mental health establishment

Description: (1) The Authority shall cause to be conducted an audit of all registered mental health establishments by such person or persons (including representatives of the local community) as may be prescribed, every three years, so as to ensure that such mental health establishments comply with the requirements of minimum standards for registration as a mental health establishment. (2) The Authority may charge the mental health establishment such fee as may be prescribed, for conducting the audit under this section. (3) The Authority may issue a show cause notice to a mental health establishment as to why its registration under this Act not be cancelled, if the Authority is satisfied that— (a) the mental health establishment has failed to maintain the minimum standards specified by the Authority; or (b) the person or persons or entities entrusted with the management of the mental health establishment have been convicted of an offence under this Act; or (c) the mental health establishment violates the rights of any person with mental illness. (4) The Authority may, after giving a reasonable opportunity to the mental health establishment, if satisfied that the mental health establishment falls under clause (a) or clause (b) or clause (c) of sub-section (3), without prejudice to any other action which it may take against the mental health establishment, cancel its registration. (5) Every order made under sub-section (4) shall take effect— (a) where no appeal has been preferred against such order, immediately on the expiry of the period specified for preferring of appeal; and (b) where the appeal has been preferred against such an order and the appeal has been dismissed, from the date of the order of dismissal. (6) The Authority shall, on cancellation of the registration for reasons to be recorded in writing, restrain immediately the mental health establishment from carrying on its operations, if there is imminent danger to the health and safety of the persons admitted in the mental health establishment. (7) The Authority may cancel the registration of a mental health establishment if recommended by the Board to do so.

Title: Inspection and inquiry

Description: (1) The Authority may, suo motu or on a complaint received from any person with respect to non-adherence of minimum standards specified by or under this Act or contravention of any provision thereof, order an inspection or inquiry of any mental health establishment, to be made by such person as may be prescribed. (2) The mental health establishment shall be entitled to be represented at such inspection or inquiry. (3) The Authority shall communicate to the mental health establishment the results of such inspection or inquiry and may after ascertaining the opinion of the mental health establishment, order the establishment to make necessary changes within such period as may be specified by it. (4) The mental health establishment shall comply with the order of the Authority made under sub-section (3). (5) If the mental health establishment fails to comply with the order of the Authority made under sub-section (3), the Authority may cancel the registration of the mental health establishment. (6) The Authority or any person authorised by it may, if there is any reason to suspect that any person is operating a mental health establishment without registration, enter and search in such manner as may be prescribed, and the mental health establishment shall co-operate with such inspection or inquiry and be entitled to be represented at such inspection or inquiry.

Title: Appeal to High Court against order of Authority

Description: Any mental health establishment aggrieved by an order of the Authority refusing to grant registration or renewal of registration or cancellation of registration, may, within a period of thirty days from such order, prefer an appeal to the High Court in the State: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.

Title: Certificates, fees and register of mental health establishments

Description: (1) Every mental health establishment shall display the certificate of registration in a conspicuous place in the mental health establishment in such manner so as to be visible to everyone visiting the mental health establishment. (2) In case the certificate is destroyed or lost or mutilated or damaged, the Authority may issue a duplicate certificate on the request of the mental health establishment and on the payment of such fees as may be prescribed. (3) The certificate of registration shall be non-transferable and valid in case of change of ownership of the establishment. (4) Any change of ownership of the mental health establishment shall be intimated to the Authority by the new owner within one month from the date of change of ownership. (5) In the event of change of category of the mental health establishment, such establishment shall surrender the certificate of registration to the Authority and the mental health establishment shall apply afresh for grant of certificate of registration in that category.

Title: Maintenance of register of mental health establishment in digital format

Description: The Authority shall maintain in digital format a register of mental health establishments, registered by the Authority, to be called the Register of Mental Health Establishments and shall enter the particulars of the certificate of registration so granted in a separate register to be maintained in such form and manner as may be prescribed.