Mental Healthcare Act, 2017 · Chapter VIII: State Mental Health Authority
Section 46: Composition of State Authority
(1) The State Authority shall consist of the following chairperson and members:—
(a) Secretary or Principal Secretary in the Department of Health of State Government— chairperson ex officio;
(b) Joint Secretary in the Department of Health of the State Government, in charge of mental health—member ex officio;
(c) Director of Health Services or Medical Education—member ex officio;
(d) Joint Secretary in the Department of Social Welfare of the State Government—member ex officio;
(e) such other ex officio representatives from the relevant State Government Ministries or Departments;
(f) Head of any of the Mental Hospitals in the State or Head of Department of Psychiatry at any Government Medical College, to be nominated by the State Government—member;
(g) one eminent psychiatrist from the State not in Government service to be nominated by the State Government—member;
(h) one mental health professional as defined in item (iii) of clause (r) of sub-section (1) of section 2 having at least fifteen years experience in the field, to be nominated by the State Government—member;
(i) one psychiatric social worker having at least fifteen years experience in the field, to be nominated by the State Government—member;
(j) one clinical psychologist having at least fifteen years experience in the field, to be nominated by the State Government—member;
(k) one mental health nurse having at least fifteen years experience in the field of mental health, to be nominated by the State Government—member;
(l) two persons representing persons who have or have had mental illness, to be nominated by the State Government—member;
(m) two persons representing care-givers of persons with mental illness or organisations representing care-givers, to be nominated by the State Government—members;
(n) two persons representing non-governmental organisations which provide services to persons with mental illness, to be nominated by the State Government—members.
(2) The members referred to in clauses (e) to (n) of sub-section (1), shall be nominated by the State Government in such manner as may be prescribed.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 46
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