94. Power of Central Government and State Government to make rules
(1)The Central Government may, by notification, make [rules] [*See the Central Mental Health Authority Rules, 1990 and the State Mental Health Rules, 1990.] providing for the qualifications of persons who may be appointed as Mental Health Authority under section 3 and the terms and conditions subject to which they may be appointed under that section and all other matters relating to such authority.(2)Subject to the provisions of sub-section (1), the State Government, with the previous approval of the Central Government may, 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 (2) may provide for all or any of the following matters, namely:(a)the qualifications of persons who may be appointed as Mental Health Authority and the terms and conditions subject to which they may be appointed under section 4 and all other matters relating to such authority;(b)the class or category of persons for whom separate psychiatric hospitals and psychiatric nursing homes may be established and maintained under clause (d) of sub-section (1) of section 5;(c)the form in which,(i)an application may be made for grant or renewal of a license and the fee payable in respect thereof under section 7 or, as the case may be, section 9;(ii)a license may be granted for the establishment or maintenance of a psychiatric hospital or a psychiatric nursing home under section 8;(iii)an application may be made for a reception order under section 20;(d)the manner in which an order refusing to grant, or revoking, a license shall be communicated under section 8 or, as the case may be, section 11;(e)the manner in which a report may be made to the licensing authority under sub-section (2) of section 9;(f)the minimum facilities referred to in the proviso to sub-section (5) of section 9, including,(i)psychiatristpatient ratio;(ii)other medical or para-medical staff;(iii)space requirement;(iv)treatment facilities; and(v)equipment;(g)the manner in which and the conditions subject to which a psychiatric hospital or psychiatric nursing home shall be maintained under section 10;(h)the form and manner in which and the period within which an appeal against any order refusing to grant or renew a license or revoking a license shall be preferred and the fee payable in respect thereof under section 12;(i)the manner in which records shall be maintained under sub-section (1) of section 13;(j)the facilities to be provided under section 14 for the treatment of a mentally ill person as an outpatient;(k)the manner in which application for a reception order shall be signed and verified under sub-section (6) of section 20;(l)the qualifications of persons who may be appointed as Visitors and the terms and conditions on which they may be appointed, under section 37 and their functions;(m)prevention of vexatious or defamatory communications and other matters referred to in sub-section (3) of section 81;(n)any other matter which is required to be, or may be, prescribed.
