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Section 65 Mental Healthcare Act 2017: Registration of mental health establishment

Section 65 (Registration of mental health establishment) under Chapter X (Mental Health Establishments) of the Mental Healthcare Act, 2017 —

❝(1) No person or organisation shall establish or run a mental health establishment unless it has been registered with the Authority under the provisions of this Act.

 Explanation.—For the purposes of this Chapter, the expression Authority means—
 (a) in respect of the mental health establishments under the control of the Central Government, the Central Authority;
 (b) in respect of the mental health establishments in the State not being the health establishments referred to in clause (a), the State Authority.

(2) Every person or organisation who proposes to establish or run a mental health establishment shall register the said establishment with the Authority under the provisions of this Act:

 Provided that the Central Government, may, by notification, exempt any category or class of existing mental health establishments from the requirement of registration under this Act.

 Explanation.—In case a mental health establishment has been registered under the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010) or any other law for the time being in force in a State, such mental health establishment shall submit a copy of the said registration along with an application in such form as may be prescribed to the Authority with an undertaking that the mental health establishment fulfils the minimum standards, if any, specified by the Authority for the specific category of mental health establishment.

(3) The Authority shall, on receipt of application under sub-section (2), on being satisfied that such mental health establishment fulfils the standards specified by the Authority, issue a certificate of registration in such form as may be prescribed:

 Provided that till the period the Authority specifies the minimum standards for different categories of mental health establishments, it shall issue a provisional certificate of registration to the mental health establishment:

 Provided further that on specifying the minimum standards for different categories of mental health establishments, the mental health establishment referred to in the first proviso shall, within a period of six months from the date such standards are specified, submit to the Authority an undertaking stating therein that such establishment fulfils the specified minimum standards and on being satisfied that such establishment fulfils the minimum standards, the Authority shall issue a certificate of registration to such mental health establishment.

(4) Every mental health establishment shall, for the purpose of registration and continuation of registration, fulfil—
 (a) the minimum standards of facilities and services as may be specified by regulations made by the Authority;
 (b) the minimum qualifications for the personnel engaged in such establishment as may be specified by regulations made by the Authority;
 (c) provisions for maintenance of records and reporting as may be specified by regulations made by the Authority; and
 (d) any other conditions as may be specified by regulations made by the Authority.

(5) The Authority may—
 (a) classify mental health establishments into such different categories, as may be specified by regulations made by the Central Authority;
 (b) specify different standards for different categories of mental health establishments;
 (c) while specifying the minimum standards for mental health establishments, have regard to local conditions.

(6) Notwithstanding anything in this section, the Authority shall, within a period of eighteen months from the commencement of this Act, by notification, specify the minimum standards for different categories of mental health establishments.❞

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