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Union of India - Section

Section 22 in Mental Healthcare (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018

22. Inspection and inquiry of mental health establishments.

(1)The Central Authority may, suo moto or on a complaint received from any person with respect to non-adherence of minimum standards specified by or under the Act or contravention of any provision thereof, order an inspection and inquiry of any mental health establishment, to be made by one or more of the following persons, namely:-
(a)a Psychiatrist in Government service;
(b)a Psychiatrist in private practice;
(c)a mental health professional who is not a psychiatrist;
(d)a representative of a non-governmental organization working in the area of mental health;
(e)a police officer in charge of the police station under whose jurisdiction, the mental health establishment is situated;
(f)a representative of the District Collector or District Commissioner of the district where the mental health establishment is situated.
(2)The Central Authority or the person authorized by it under sub-rule (1) may, it it has reasons to believe that a person is operating a mental health establishment without registration, or is not adhering to the minimum standards specified by or under the Act or has been contravening any of the provisions of the Act or the rules and regulations made thereunder, enter and search such mental health establishment.
(3)During search, the Central Authority or the person authorized by it may require the mental health professional in charge of the mental health establishment to produce the original documents relating to its registration with the Central Authority and it shall be obligatory on the part of the mental health establishment to produce such documents.
(4)Within two days of completing search of the mental health establishment under sub-rule (3), a written report of the findings of such search shall be submitted to the Chairperson of the Central Authority.
(5)The Chairperson of the Central Authority, shall, on receipt of the written report under sub-rule (4), take such action as it deems fit, against the defaulting mental health establishment in accordance with the provisions of the Act.Form-A[See rule 10]Information on the Activities of the Central Authority/ State Authority/ Board