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Section 82 Mental Healthcare Act 2017: Powers and Functions of Board

Section 82 (Powers and functions of Board) under Chapter XI (Mental Health Review Boards) of the Mental Healthcare Act, 2017 —

❝(1) Subject to the provisions of this Act, the powers and functions of the Board shall, include all or any of the following matters, namely:—
 (a) to register, review, alter, modify or cancel an advance directive;
 (b) to appoint a nominated representative;
 (c) to receive and decide application from a person with mental illness or his nominated representative or any other interested person against the decision of medical officer or mental health professional in charge of mental health establishment or mental health establishment under section 87 or section 89 or section 90;
 (d) to receive and decide applications in respect non-disclosure of information specified under sub-section (3) of section 25;
 (e) to adjudicate complaints regarding deficiencies in care and services specified under section 28;
 (f) to visit and inspect prison or jails and seek clarifications from the medical officer in-charge of health services in such prison or jail.

(2) Where it is brought to the notice of a Board or the Central Authority or State Authority, that a mental health establishment violates the rights of persons with mental illness, the Board or the Authority may conduct an inspection and inquiry and take action to protect their rights.

(3) Notwithstanding anything contained in this Act, the Board, in consultation with the Authority, may take measures to protect the rights of persons with mental illness as it considers appropriate.

(4) If the mental health establishment does not comply with the orders or directions of the Authority or the Board or wilfully neglects such order or direction, the Authority or the Board, as the case may be, may impose penalty which may extend up to five lakh rupees on such mental health establishment and the Authority on its own or on the recommendations of the Board may also cancel the registration of such mental health establishment after giving an opportunity of being heard.❞

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