Section 36 of The Mental Healthcare Act, 2017
A member of the Central Authority may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that a member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon the office or until the expiry of his term of office, whichever is the earliest.
Summary
- This section explains the process for a member of the Central Mental Health Authority to resign from their position.
- A member must write a notice of resignation by hand and address it to the Central Government.
- Submitting a resignation does not mean the member leaves immediately.
- A resigning member must stay in office until three months pass, a successor takes over, or their term ends, whichever happens first.
- The Central Government has the power to allow a resigning member to leave their post sooner if desired.
Practical examples
FAQ
1. Under Section 36 of The Mental Healthcare Act 2017, who must a member notify if they want to resign?
According to Section 36 of the 2017 mental health law, a member must address their written resignation notice to the Central Government.
2. Can a member leave immediately after resigning under Section 36 of the 2017 mental health law?
Section 36 of the 2017 mental health law states they must usually wait up to three months, unless the Central Government permits them to relinquish the office sooner.
3. Under Section 36 of the Act, what happens if a replacement is found quickly for a resigning member?
Section 36 of The Mental Healthcare Act 2017 says the resigning member can leave once the duly appointed successor enters upon the office, even if three months have not passed.
Test yourself
Q1.According to Section 36 of The Mental Healthcare Act 2017, how must a member submit their resignation?
Q2.Under Section 36 of the 2017 mental health law, what is the maximum standard waiting period after giving notice before a resignation takes effect automatically?
Q3.If a nominated member serving a three-year term under Section 35 resigns just two weeks before their term ends, when do they leave office under Section 36 of the Mental Healthcare Act?
Q4.According to Section 36 of The Mental Healthcare Act 2017, who has the authority to permit a resigning member to leave office before the standard conditions are met?