Section 120 in The Mental Healthcare Act 2017

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.

Title: Power of Central Authority to make regulations

Description: (1) The Central Authority may, by notification, make regulations, consistent with the provisions of this Act and the rules made thereunder, to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the manner of making an advance directive under section 6; (b) additional regulations, regarding the procedure of advance directive to protect the rights of persons with mental illness under sub-section (3) of section 12; (c) the salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of, the chief executive officer and other officers and employees of the Central Authority under sub-section (3) of section 40; (d) the times and places of meetings of the Central Authority and rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) under sub-section (1) of section 44; (e) the minimum standards of facilities and services under clause (a) of sub-section (4) of section 65; (f) the minimum qualifications for the personnel engaged in mental health establishment under clause (b) of sub-section (4) of section 65; (g) the provisions for maintenance of records and reporting under clause (c) of sub-section (4) of section 65; (h) any other conditions under clause (d) of sub-section (4) of section 65; (i) categories of different mental health establishment under clause (a) of sub-section (5) of section 65; (j) the form of application to be made by the mental health establishment and the fees to be accompanied with it under sub-section (12) of section 66; (k) the manner of submitting evidence under sub-section (13) of section 66; (l) the manner of filing objections under sub-section (14) of section 66; (m) regulations under sub-section (2) of section 96 and under sub-section (8) of section 97; (n) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.

Title: Power of State Authority to make regulations

Description: (1) The State Authority may, by notification, make regulations, consistent with the provision of this Act and the rules made thereunder, to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the minimum quality standards of mental health services under sub-section (9) of section 18; (b) the salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of the chief executive officer and other officers and employees of the State Authority under sub-section (3) of section 52; (c) the manner in which the State Authority shall publish the list of registered mental health professionals under clause (d) of sub-section (1) of section 55; (d) the times and places of meetings of the State Authority and rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) under sub-section (1) of section 56; (e) the form of application to be made by the mental health establishment and the fees to be accompanied with it under sub-section (12) of section 66; (f) the manner of filing objections under sub-section (14) of section 66; (g) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.

Title: Laying of rules and regulations

Description: (1) Every rule made by the Central Government and every regulation made by the Central Authority under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation, as the case may be. (2) Every rule made by the State Government and every regulation made by the State Authority under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

CHAPTER 16 MISCELLANEOUS