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Mental Health Act, 1987

Chapter II - Mental Health Authorities

3. Central Authority For Mental Health Services

         1. The Central Government shall establish an authority for mental health with such designation as it may deem fit.
 
         2. The Authority established under sub-section (1) shall be subject to the superintendence, direction and control of the Central Government.
 
         3. The authority established under sub-section (1) shall -

               a. be in charge of regulation, development, direction and co-ordination with respect to Mental Health Services under the Central Government and all other matters which, under this Act, are the concern of the Central Government or any officer or authority subordinate to the Central Government.

               b. Supervise the psychiatric hospitals and psychiatric nursing homes and other Mental Health Service Agencies (including places in which mentally ill persons may be kept or detained) under the control of the Central Government.

               c. Advise the Central Government on all matters relating to mental health; and 

               d. Discharge such other functions with respect to matters relating to mental health as the Central Government may require.

EXPLANATION - For the purposes of this section and Sec.4 "Mental Health Services" include, in addition to psychiatric hospitals and psychiatric nursing homes, observation wards, day-care centres, in patient treatment in general hospitals, ambulatory treatment facilities and other facilities, convalescent homes and half-way-homes for mentally ill persons.

COMMENT - This section empowers the Central Government to establish Central Authority for Mental Health Services.

EXPLANATION- It is now well settled that an explanation added to a statutory provision is not a substantive provision in any sense of the term but as the plain meaning of the word itself shows it is merely meant to explain or clarify certain ambiguities which may have crept in the statutory provisiona1.

  4. State Authority For Mental Health Services

         1. The State Government shall establish an authority for mental with such designation as it may deem   fit.

         2. The Authority established under sub - section (1) shall be subject to the superintendence, direction and control of the State Government.

         3. The Authority established under sub - section (1) shall - 

             a. be in charge of regulation, development and co-ordination with respect to Mental Health Service under the State Government and all other matters which, under this Act , the concern of the state Government or any officer or authority subordination to the State Government :

             b. supervise the psychiatric hospitals and psychiatric nursing homes and other Mental health Services Agencies (including places in which mentally ill persons may be kept or detained )under the control of the State Government :

             c.  advise the State Government on all matters relating to mental health ; and 

             d. discharge such other functions with respect to matters relating to mental health as the State Government may require.

COMMENT - This section empowers the State Government to established State authority for Mental Health services.

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