Section 117 in The Mental Healthcare Act, 2017

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.

Title: Chairperson, members and staff of Authority and Board to be public servants

Description: The chairperson, and other members and the officers and other employees of the Authority and Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)

Title: Protection of action taken in good faith

Description: No suit, prosecution or other legal proceeding shall lie against the appropriate Government or against the chairperson or any other member of the Authority or the Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made thereunder in the discharge of official duties

Title: Act to have overriding effect

Description: The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Title: Power of Central Government and State Governments to make rules

Description: (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2) Subject to the provisions of sub-section (1), the State Government may, with the previous approval of the Central Government, by notification, make rules for carrying out the provisions of this Act: Provided that the first rules shall be made by the Central Government, by notification. (3) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide for all or any of the following matters, namely:-- (a) qualifications relating to clinical psychologist under sub-clause (ii) of clause (f) of sub-section (1) of section 2; (b) qualifications relating to psychiatric social worker under clause (w) of sub-section (1) of section 2; (c) the manner of nomination of members of the Central Authority under sub-section (2) of section 34; (d) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the Central Authority under sub-section (3) of section 35; (e) the procedure for registration (including the fees to be levied for such registration) of the mental health establishments under sub-section (2) of section 43; (f) the manner of nomination of members of the State Authority under sub-section (2) of section 46; (g) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the State Authority under sub-section (3) of section 47; (h) the procedure for registration (including the fees to be levied for such registration) of the mental health establishments under sub-section (2) of section 55; (i) the form of accounts and other relevant records and annual statement of accounts under sub-section (1) of section 59; (j) the form in, and the time within which, an annual report shall be prepared under section 60; (k) the form of accounts and other relevant records and annual statement of accounts under sub-section (1) of section 63; (l) the form in, and the time within which, an annual report shall be prepared under section 64; (m) manner of constitution of the Board by the State Authority for a district or groups of districts in a State; (n) other disqualifications of chairperson or members of the Board under clause (e) of sub-section (2) of section 82; (o) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules. (4) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may provide for all or any of the following matters, namely:-- (a) the manner of proof of mental healthcare and treatment under sub-section (1) of section 4; (b) provision of half-way homes, sheltered accommodation and supported accommodation under clause (b) of sub-section (4) of section 18; (c) hospitals and community based rehabilitation establishment and services under clause (d) of sub-section (4) of section 18; (d) basic medical records of which access is to be given to a person with mental illness under sub-section (1) of section 25; (e) custodial institutions under sub-section (2) of section 27; (f) the form of application to be submitted by the mental health establishment with the undertaking that the mental health establishment fulfils the minimum standards, if any, specified by the Authority, under the Explanation to sub-section (2) of section 65; (g) the form of certificate of registration under sub-section (3) of section 65; (h) the form of application, the details, the fees to be accompanied with it under sub-section (1) of section 66; (i) the form of certificate of provisional registration containing particulars and information under sub-section (4) of section 66; (j) the fees for renewal of registration under sub-section (11) of section 66; (k) the person or persons (including representatives of the local community) for the purpose of conducting an audit of the registered mental health establishments under sub-section (1) and fees to be charged by the Authority for conducting such audit under sub-section (2) of section 67; (l) the person or persons for the purpose of conducting and inspection or inquiry of the mental health establishments under sub-section (1) of section 68; (m) the manner to enter and search of a mental health establishment operating without registration under sub-section (6) of section 68; (n) the fees for issuing a duplicate certificate under sub-section (2) of section 70; (o) the form and manner in which the Authority shall maintain in digital format a register of mental health establishments, the particulars of the certificate of registration so granted in a separate register to be maintained under section 71; (p) constitution of the Boards under sub-section (3) of section 73; (q) the honorarium and other allowances payable to, and the other terms and conditions of service of, the chairperson and members of the Board under sub-section (3) of section 75; (r) method, modalities and procedure for transfer of prisoners under sub-section (2) of section 103; (s) the standard and procedure to which the Central or State Health Authority shall confirm under sub-section (6) of section 103; (t) the form for furnishing periodical information under section 110; and (u) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.

CHAPTER 16 MISCELLANEOUS