Section 70 in The Mental Healthcare Act, 2017

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.

Title: Duty of mental health establishment to display information

Description: (1) Every mental health establishment shall display within the establishment at conspicuous place (including on its website), the contact details including address and telephone numbers of the concerned Board. (2) Every mental health establishment shall provide the person with necessary forms to apply to the concerned Board and also give free access to make telephone calls to the Board to apply for a review of the admission.

Title: Constitution of Mental Health Review Boards

Description: (1) The State Authority shall, by notification, constitute Boards to be called the Mental Health Review Boards, for the purposes of this Act. (2) The requisite number, location and the jurisdiction of the Boards shall be specified by the State Authority in consultation with the State Governments concerned. (3) The constitution of the Boards by the State Authority for a district or group of districts in a State under this section shall be such as may be prescribed by the Central Government. (4) While making rules under sub-section (3), the Central Government shall have regard to the following, namely:— (a) the expected or actual workload of the Board in the State in which such Board is to be constituted; (b) number of mental health establishments existing in the State; (c) the number of persons with mental illness; (d) population in the district in which the Board is to be constituted; (e) geographical and climatic conditions of the district in which the Board is to be constituted.

Title: Composition of Board

Description: (1) Each Board shall consist of— (a) a District Judge, or an officer of the State judicial services who is qualified to be appointed as District Judge or a retired District Judge who shall be chairperson of the Board; (b) representative of the District Collector or District Magistrate or Deputy Commissioner of the districts in which the Board is to be constituted; (c) two members of whom one shall be a psychiatrist and the other shall be a medical practitioner. (d) two members who shall be persons with mental illness or care-givers or persons representing organisations of persons with mental illness or care-givers or non-governmental organisations working in the field of mental health. (2) A person shall be disqualified to be appointed as the chairperson or a member of a Board or be removed by the State Authority, if he— (a) has been convicted and sentenced to imprisonment for an offence which involves moral turpitude; or (b) is adjudged as an insolvent; or (c) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (d) has such financial or other interest as is likely to prejudice the discharge of his functions as a member; or (e) has such other disqualifications as may be prescribed by the Central Government. (3) A chairperson or member of a Board may resign his office by notice in writing under his hand addressed to the Chairperson of the State Authority and on such resignation being accepted, the vacancy shall be filled by appointment of a person, belonging to the category under sub-section (1) of section 74.