Section 73 in The Mental Healthcare Act 2017

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.

Title: Terms and conditions of service of chairperson and members of Board

Description: (1) The chairperson and members of the Board shall hold office for a term of five years or up to the age of seventy years, whichever is earlier and shall be eligible for reappointment for another term of five years or up to the age of seventy years whichever is earlier. (2) The appointment of chairperson and members of every Board shall be made by the Chairperson of the State Authority. (3) The honorarium and other allowances payable to, and the other terms and conditions of service of, the chairperson and members of the Board shall be such as may be prescribed by the Central Government.

Title: Decisions of Authority and Board

Description: (1) The decisions of the Authority or the Board, as the case may be, shall be by consensus, failing which by a majority of votes of members present and voting and in the event of equality of votes, the president or the chairperson, as the case may be, shall have a second or casting vote. (2) The quorum of a meeting of the Authority or the Board, as the case may be, shall be three members.

Title: Applications to Board

Description: (1) Any person with mental illness or his nominated representative or a representative of a registered non-governmental organisation, with the consent of such a person, being aggrieved by the decision of any of the mental health establishment or whose rights under this Act have been violated, may make an application to the Board seeking redressal or appropriate relief. (2) There shall be no fee or charge levied for making such an application. (3) Every application referred to in sub-section (1) shall contain the name of applicant, his contact details, the details of the violation of his rights, the mental health establishment or any other place where such violation took place and the redressal sought from the Board. (4) In exceptional circumstances, the Board may accept an application made orally or over telephone from a person admitted to a mental health establishment.