Section 113 in The Mental Healthcare Act 2017

Title: Power of State Government to supersede State Authority

Description: (1) If at any time the State Government is of the opinion-- (a) that on account of circumstances beyond the control of the State Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the State Authority has persistently defaulted in complying with any direction given by the State Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act; or (c) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification and for reasons to be specified therein, supersede the State Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the State Government shall give a reasonable opportunity to the State Authority to make representations against the proposed supersession and shall consider representations, if any, of the State Authority. (2) Upon the publication of a notification under sub-section (1) superseding the State Authority,-- (a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the State Authority shall, until the State Authority is reconstituted under sub-section (3), be exercised and discharged by the State Government or such authority as the State Government may specify in this behalf; (c) all properties owned or controlled by the State Authority shall, until the State Authority is reconstituted under sub-section (3), vest in the State Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government shall reconstitute the State Authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment. (4) The State Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the State Legislature at the earliest.

Title: Special provisions for States in north east and hill States

Description: (1) Notwithstanding anything contained in this Act, the provisions of this Act shall, taking into consideration the communication, travel and transportation difficulties, apply to the States of Assam, Meghalaya, Tripura, Mizoram, Manipur, Nagaland, Arunachal Pradesh and Sikkim, with following modifications, namely:-- (a) under sub-section (3) of section 73, the chairperson of the Central Authority may constitute one or more Boards for all the States; (b) in sub-section (2) of section 80, reference to the period of "seven days", and in sub-section (3) of that section, reference to the period of "twenty-one" days shall be construed as "ten days" and "thirty days", respectively; (c) in sub-section (9) of section 87, reference to the period of "seventy-two hours" shall be construed as "one hundred twenty hours", and in sub-sections (3) and (12) of that section, reference to a period of "seven days" shall be construed as ten days; (d) in sub-section (3) of section 88, reference to the period of "twenty-four hours" shall be construed as "seventy-two hours"; (e) in clauses (a) and (b) of sub-section (9) of section 89, reference to the period of "three days" and "seven days" shall be construed as "seven days" and "ten days" respectively; (f) in sub-section (3) of section 90, reference to the period of "seven days" and in sub-section (4) of that section, reference to the period of "twenty-one days" shall be construed as "ten days" and "thirty days" respectively; (g) in sub-section (4) of section 94, reference to the period of "seventy-two hours" shall be construed as "one hundred twenty hours". (2) The provisions of clauses (b) to (g) of sub-section (1) shall also apply to the States of Uttarakhand, Himachal Pradesh and Jammu and Kashmir* and the Union territories of Lakshadweep and Andaman and Nicobar Islands. (3) The provisions of this section shall cease to have effect on the expiry of a period of ten years from the commencement of this Act, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

Title: Presumption of severe stress in case of attempt to commit suicide

Description: (1) Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. (2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

Title: Bar of jurisdiction

Description: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the Board is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Title: Transitory provisions

Description: The Central Government may, if it considers so necessary in the interest of persons with mental illness being governed by the Mental Health Act, 1987 (14 of 1987), take appropriate interim measures by making necessary transitory schemes.

CHAPTER 16 MISCELLANEOUS