MISCELLANEOUSCentral

Section 113 of The Mental Healthcare Act, 2017 in hindi

(1)If at any time the State Government is of the opinion---
1. (a)that on account of circumstances beyond the control of the State Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
2. (b)that the State Authority has persistently defaulted in complying with any direction given by the State Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act; or
3. (c)that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification and for reasons to be specified therein, supersede the State Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the State Government shall give a reasonable opportunity to the State Authority to make representations against the proposed supersession and shall consider representations, if any, of the State Authority.
(2)Upon the publication of a notification under sub-section (1) superseding the State Authority,---
1. (a)the chairperson and other members shall, as from the date of supersession, vacate their offices as such;
2. (b)all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the State Authority shall, until the State Authority is reconstituted under sub-section (3), be exercised and discharged by the State Government or such authority as the State Government may specify in this behalf;
3. (c)all properties owned or controlled by the State Authority shall, until the State Authority is reconstituted under sub-section (3), vest in the State Government.
(3)On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government shall reconstitute the State Authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment.
(4)The State Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the State Legislature at the earliest.

Summary

This section mirrors the previous one but empowers the State Government to temporarily supersede the State Mental Health Authority.
A state takeover can occur if the State Authority fails its duties, persistently ignores state directives, or if it is deemed necessary in the public interest.
The State Government cannot take over the Authority for more than six months at a time.
The chairperson and members must vacate their offices immediately upon supersession.
The State Government assumes all powers, duties, and properties of the State Authority until it is reconstituted.
A full report of the takeover and the reasons behind it must be submitted to the State Legislature.

Practical examples

1The State Authority in Kerala fails to register any new mental health establishments for over a year due to administrative gridlock. The Kerala State Government uses this section to take over for five months, clears the registrations, and appoints a new chairperson.

2A State Authority continuously ignores mandatory directives from the State Health Ministry regarding emergency care funding. The State Government supersedes the body to forcefully allocate the budget before winter.

FAQ

1. Who takes control of the State Authority's properties during a takeover under Section 113 of The Mental Healthcare Act, 2017?

Under Section 113 of The Mental Healthcare Act, 2017, all properties owned or controlled by the State Authority vest in the State Government.

2. Must the State Government warn the Authority before acting under Section 113 of the mental health statute?

Yes, Section 113 of the mental health statute requires the State Government to give the State Authority a reasonable opportunity to make representations against the proposed takeover.

3. How is the State Authority restored after a takeover under Section 113 of the 2017 mental health law?

Section 113 of the 2017 mental health law mandates that the State Government must reconstitute the State Authority by making fresh appointments before the supersession period expires.

Test yourself

Q1.What triggers a State Government's power to supersede a State Authority under Section 113 of The Mental Healthcare Act, 2017?

Q2.What happens to the existing chairperson when a takeover is notified under Section 113 of the 2017 mental health law?

Q3.Where must the State Government submit its final report on the takeover under Section 113 of The Mental Healthcare Act, 2017?

Q4.Comparing Section 113 with Section 112 of The Mental Healthcare Act, 2017, which entity executes the takeover of a State Authority?

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