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Section 74 of Mental Healthcare Act 2017: Composition of Board

Section 74 (Composition of Board) under Chapter XI (Mental Health Review Boards) of the Mental Healthcare Act, 2017 —

❝(1) Each Board shall consist of—
 (a) a District Judge, or an officer of the State judicial services who is qualified to be appointed as District Judge or a retired District Judge who shall be chairperson of the Board;
 (b) representative of the District Collector or District Magistrate or Deputy Commissioner of the districts in which the Board is to be constituted;
 (c) two members of whom one shall be a psychiatrist and the other shall be a medical practitioner.
 (d) two members who shall be persons with mental illness or care-givers or persons representing organisations of persons with mental illness or care-givers or non-governmental organisations working in the field of mental health.

(2) A person shall be disqualified to be appointed as the chairperson or a member of a Board or be removed by the State Authority, if he—
 (a) has been convicted and sentenced to imprisonment for an offence which involves moral turpitude; or
 (b) is adjudged as an insolvent; or
 (c) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
 (d) has such financial or other interest as is likely to prejudice the discharge of his functions as a member; or
 (e) has such other disqualifications as may be prescribed by the Central Government.

(3) A chairperson or member of a Board may resign his office by notice in writing under his hand addressed to the Chairperson of the State Authority and on such resignation being accepted, the vacancy shall be filled by appointment of a person, belonging to the category under sub-section (1) of section 74.❞

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