Section 81 in The Mental Healthcare Act 2017
Title: Central Authority to appoint Expert Committee to prepare guidance document
(1) The Central Authority shall appoint an Expert Committee to prepare a guidance document for medical practitioners and mental health professionals, containing procedures for assessing, when necessary or the capacity of persons to make mental health care or treatment decisions.
(2) Every medical practitioner and mental health professional shall, while assessing capacity of a person to make mental healthcare or treatment decisions, comply with the guidance document referred to in sub-section (1) and follow the procedure specified therein.
Title: Powers and functions of Board
(1) Subject to the provisions of this Act, the powers and functions of the Board shall, include all or any of the following matters, namely:—
(a) to register, review, alter, modify or cancel an advance directive;
(b) to appoint a nominated representative;
(c) to receive and decide application from a person with mental illness or his nominated representative or any other interested person against the decision of medical officer or mental health professional in charge of mental health establishment or mental health establishment under section 87 or section 89 or section 90;
(d) to receive and decide applications in respect non-disclosure of information specified under sub-section (3) of section 25;
(e) to adjudicate complaints regarding deficiencies in care and services specified under section 28;
(f) to visit and inspect prison or jails and seek clarifications from the medical officer in-charge of health services in such prison or jail.
(2) Where it is brought to the notice of a Board or the Central Authority or State Authority, that a mental health establishment violates the rights of persons with mental illness, the Board or the Authority may conduct an inspection and inquiry and take action to protect their rights.
(3) Notwithstanding anything contained in this Act, the Board, in consultation with the Authority, may take measures to protect the rights of persons with mental illness as it considers appropriate.
(4) If the mental health establishment does not comply with the orders or directions of the Authority or the Board or wilfully neglects such order or direction, the Authority or the Board, as the case may be, may impose penalty which may extend up to five lakh rupees on such mental health establishment and the Authority on its own or on the recommendations of the Board may also cancel the registration of such mental health establishment after giving an opportunity of being heard.
Title: Appeal to High Court against order of Authority or Board
Any person or establishment aggrieved by the decision of the Authority or a Board may, within a period of thirty days from such decision, prefer an appeal to the High Court of the State in which the Board is situated:
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: Grants by Central Government
(1) The Central Government may, make to the Central Authority grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(2) The grants referred to in sub-section (1) shall be applied for,—
(a) meeting the salary, allowances and other remuneration of the chairperson, members, officers and other employees of the Central Authority;
(b) meeting the salary, allowances and other remuneration of the chairperson, members, officers and other employees of the Boards; and
(c) the expenses of the Central Authority and the Boards incurred in the discharge of their functions and for the purposes of this Act.
Title: Admission of person with mental illness as independent patient in mental health establishment
(1) For the purposes of this Act, "independent patient or an independent admission" refers to the admission of person with mental illness, to a mental health establishment, who has the capacity to make mental healthcare and treatment decisions or requires minimal support in making decisions.
(2) All admissions in the mental health establishment shall, as far as possible, be independent admissions except when such conditions exist as make supported admission unavoidable.