The Lok Sabha on December 05, 2025, introduced the Mental Healthcare (Amendment) Bill, 2024 to further amend the Mental Healthcare Act, 2017.
The following amendments have been stated:
• In section 2 of the Mental Healthcare Act, 2017 (hereinafter referred to as the principle Act),– (a) after clause (g), the following clauses shall be inserted, namely:–
‘(ga) “counsellor” means a medical practitioner possessing a post-graduate degree or post-graduate diploma in counselling psychology awarded by an university recognised by the University Grants Commission established under the University Grants Commission Act, 1956, or awarded or recognised by the National Board of Examination and included in the First Schedule to the National Medical Commission Act, 2019 or recognised by the National Medical Commission, constituted under the National Medical Commission Act, 2019, and includes, in relation to any State, any medical officer who having regard to his knowledge and experience in Counselling Psychology, has been declared by the Government of that State to be a Counselling Psychologist for the purposes of this Act;
(gb)“establishment” means a shop, a commercial establishment, residential hotel, restaurant, eating-house, theatre or other places of public amusement or entertainment to which the relevant State’s Shops and Establishment Act applies and includes such other establishment as the appropriate Government may, by notification in the Official Gazette, declare to be an establishment for the purpose of this Act;’; and
(b) the existing clause (zb) shall be remember as clause (zc) and before the clause (zc) as so remembered, the following clause shall be inserted, namely:–
‘(zb) “school” means any recognized school imparting secondary or senior secondary education.’.
• After Chapter XIII of the principal Act, the following Chapter and section thereunder shall be inserted, namely:–
“CHAPTER XIIIA RESPONSIBILITIES OF SCHOOLS AND ESTABLISHMENTS
105A. (1) Every school or establishment with more than fifty persons either employed or enrolled shall have at least one empanelled counsellor to be appointed by the school or establishment.
(2) The counsellor shall visit the establishment or school for at least thirty-two hours in fifteen days or at such frequency as may be prescribed.
(3) The remuneration of the counsellor shall be as per a formal contract signed between the counsellor and the school or establishment.
(4) The counsellor shall not be involved with the school establishment in any other capacity, including board membership, share holding, administrative or professional responsibilities or in any other capacity that would constitute a conflict of interest with respect to his responsibilities as an empanelled counsellor at the school or establishment.”.
• In section 121 of the principal Act, in sub-section (4), after clause (s), the following clause shall be inserted, namely:–
“(sa) frequency of visit of counsellor to schools and establishments under sub-section (2) of section 105A;”.
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
[Bill No. 44 of 2024]
