The Khyber Pakhtunkhwa Mental Health Act, 2017
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| Main Category: | Acts | ||||||||||||||
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| Year | 2017 | ||||||||||||||
| Promulgation Date: | 24-05-2017 | ||||||||||||||
| Details: | THE
KHYBER PAKHTUNKHWA MENTAL HEALTH ACT, 2017. (KHYBER
PAKHTUNKHWA ACT NO. XVII OF 2017) CONTENTS PREAMBLE SECTIONS Chapter-I Preliminary 1. Short title, extent and commencement. 2. Definitions. Chapter-II Establishment of
Khyber Pakhtunkhwa Mental Health
Authority 3. Khyber
Pakhtunkhwa Mental Health Authority. 4. Establishment of psychiatric facilities
by Government. Chapter-III Assessment and
Treatment 5. Care in the community. 6. Care and treatment on an informal or
voluntary basis. 7. Duration for periods of
detention for assessment, treatment, urgent admission and emergency holding. 8. Admission for assessment. 9. Admission for treatment. 10. Admission for assessment
in cases of urgency. 11. Emergency holding. 12. Emergency powers. 13. Application by whom to be
presented. 14. Effect of application for
admission. 15. General provisions as to
applications and medical recommendations. 16. Rectification of
applications and recommendations. 17. Mentally disordered person
found in public places. Chapter-IV Leave and
Discharge 18. Order of leave. 19. Discharge. 20. Application to Magistrate.
21. Discharge of a detained
person found not to be mentally disordered person after assessment. 22. Notice about serious
illness or death. 23. Transfer and removal. 24. Foreign nationals. Chapter-V Judicial
Proceedings for Appointment of Guardian and
manager of the Property of
the mentally disordered person 25. Judicial proceedings. 26. Regulation of proceedings
of the Court. 27. Inquiry by sub-ordinate
Court on commission issued by the Court and proceedings thereon. 28. Appointment of guardian. 29. Management of property of
the mentally disordered person. 30. Responsibilities and powers
of the manager. 31. Furnishing of inventory of
immovable property, etc. 32. Inquiry by Court in
certain cases. 33. Disposal of business
premises under the direction of the Court. 34. Investment of assets of
mentally disordered person. 35. Appointment of a new
guardian or manager. 36. Dissolution of
partnership. 37. Securities et; of mentally
disordered person. 38. Maintenance during
temporary mental disorder. 39. Inquiry by Court into
cessation of mental disorder. 40. Appeal to High Court. Chapter-VI Liability and
Maintenance of the Patient 41. Cost of maintenance of a
patient admitted in a psychiatric facility. 42. Maintenance out of pay,
pension, etc. Chapter-VII Protection of
Human Rights of mentally
disordered persons 43. Cases of attempted
suicide. 44. Confidentiality. 45. Informed consent. Chapter-VIII Offences and
Indemnity 46. Penalty for making false
statement, etc. 47. Indemnity. Chapter-IX Inspection of
Mentally Disordered Prisoners 48. Inspection of mentally
disordered prisoners. Chapter-X Forensic
Psychiatric Services 49. Forensic psychiatric
services. Chapter-XI Miscellaneous 50. Specialized psychiatric
treatments. 51. Act to apply other
psychiatric facilities. 52. Removal of difficulties. 53. Power to make rules. 54. Repeal and savings. THE
KHYBER PAKHTUNKHWA MENTAL HEALTH ACT, 2017 (KHYBER
PAKHTUNKHWA ACT NO. XVII OF 2017) (First published after having received the assent of the Governor of the
Khyber Pakhtunkhwa in the Gazette of the Khyber Pakhtunkhwa, (Extraordinary), dated the 24th May, 2017). AN ACT to provide for the establishment of the Khyber Pakhtunkhwa Mental
Health Authority in the Province of the Khyber Pakhtunkhwa and for the
treatment, care, management of properties and affairs of the mentally
disordered persons and their families. WHEREAS it
is expedient to establish
the Khyber Pakhtunkhwa Mental Health Authority in the Province of the Khyber
Pakhtunkhwa and for the treatment, care, management
of properties and affairs of the mentally disordered persons and their families
and for matters connected therewith and ancillary thereto; It is hereby enacted as follows: Chapter-I Preliminary 1. Short title, extent and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa
Mental Health Act, 2017. (2) It
extends to the whole of the Province of the Khyber Pakhtunkhwa. (3) It
shall come into force at once. 2. Definitions.---In
this Act, unless there is anything repugnant in the subject or context,- (a) “approved psychiatrist” means a medical
practitioner, possessing a recognized postgraduate qualification in psychiatry
and registered with the Pakistan Medical and Dental Council and also approved
by the Authority for the purposes of
this Act; (b) “Authority” means the Khyber Pakhtunkhwa
Mental Health Authority established under section 3 of this Act; (c) “cost of care” in relation to a mentally
disordered person means and includes the cost of lodging, maintenance, clothing,
medicine and any other expenditure incurred in removing such persons to and
from a psychiatric facility together with any other charges specified in this
behalf by Government; (d) “Court” means the Court of the District
and Session Judge of the concerned district; (e) “Government” means the Government of the
Khyber Pakhtunkhwa; (f) “health facility” means any health
facility in the public or private sector providing health care services and
supervised by a medical practitioner; (g) “hospital management” means personnel,
operating and managing any psychiatric facility or health facility, as the case
may be, that has provision for indoor treatment for the mentally disordered
persons; (h) “informed consent” means voluntary and
continuing permission of the patient or if the patient is a minor with mental
retardation, impairment, dementia or psychotic conditions having no insight,
his nearest relative or guardian, as the case may be, for assessment or to
receive a particular treatment based on an adequate knowledge of the purpose,
nature, likely effects, and risks of that treatment including the likelihood of
its success and any alternatives to it and the cost of treatment, all in
written form; (i) “Magistrate” means a Magistrate of the First
Class, specially empowered by Government to perform functions and exercise
powers under this Act; (j) “medical officer” means a medical
graduate serving in a Government health facility and registered with Pakistan
Medical and Dental Council; (k) “medical practitioner” means a medical
graduate registered with the Pakistan Medical and Dental Council; (l) “mental disorder” means mental illness,
mental impairment, personality disorder, and any other disorder or disability
of mind; (m) “mental impairment” means a state of
arrested or incomplete development of mind whether congenital or acquired which
includes significant impairment of intelligence and social functioning and is
associated with abnormally aggressive or seriously irresponsible conduct on the
part of the person concerned; (n) “mentally disordered person” means the
mentally disordered person, who is suffering from mental disorder; (o) “mentally disordered prisoner’ means a
prisoner for whose detention in or removal to a psychiatric facility or other
place of safety, an order has been made in accordance with the provisions of
section 466 or section 471 of the Code of Criminal Procedure, 1898 (Act V of
1898), section 30 of the Prisoners Act, 1900 (III of 1900), section 130 of the
Pakistan Army Act, 1952 (XXXIX of 1952), section 143 of the Pakistan Air Force
Act, 1953 (VI of 1953) or section 123 of the Pakistan Navy Ordinance, 1961
(XXXV of 1961); (p) “patient” means persons who requires
treatment and care for mental disorder and also include persons who are under
treatment and care in any psychiatric facility; (q) “personality disorder” means a
persistent disorder or disability of mind (whether or not including significant
impairment of intelligence) which results in abnormally aggressive or seriously
irresponsible conduct on the part of the person concerned: Provided that nothing contained in
this clause and in clause (n) shall be construed as implying that a person may
be dealt with under this Act as suffering from mental disorder or from any
other form of such mental disorder defined in this section, by reason only of
promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol
or drugs. (r) “place of safety” means a Government run
health facility, a psychiatric facility or a premises or residence of a
relative who is willing temporarily receive
and keep the patient for safe custody; (s) “prescribed” means prescribed by rules; (t) “Province” means the Province of the
Khyber Pakhtunkhwa; (u) “psychiatric facility” means a hospital,
institute, ward, clinic, nursing home, day-care institution, half-way house,
whether in public or private sector involved in the care of mentally disordered
persons and includes the psychiatric facility established or maintained under
section 4 of this Act; (v) “psychiatrist” means a medical
practitioner possessing a recognized postgraduate qualification and registered
with the Pakistan Medical and Dental Council; (w) “psychiatric treatment” means the
assessment, treatment, care, training, habilitation, re-habilitation of
mentally disordered persons, mentally disordered prisoners and their families
and include electro-convulsive treatment, anti-psychotic depot injection,
psychosurgery, and such other form of treatment as may be specified from time
to time; (x) “relative” means and includes any person
related to the patient by blood or marriage or adoption under his personal law;
and (y) “rules” mean rules made under this Act. Chapter–II Establishment of the Khyber
PakhtunkhwaMental Health Authority 3. Khyber Pakhtunkhwa Mental Health Authority.---(1)
For the purposes of this Act, Government shall established, by notification in
the official Gazette, an Authority to be known as the Khyber Pakhtunkhwa Mental
Health Authority. (2) The Authority
shall consist of:
(3) Members at clauses (f) and (g) shall be
appointed on such terms and conditions as may be determined by Government for a
period of two years with a renewable period of other two years. (4) Members at clauses (f) and (g) may, in
writing, resign from his office, addressed to Government. (5) Members
at clauses (f) and (g) may be removed from his office by Government, for
reasons of misconduct, or if he is unable to perform functions of his office,
on account of mental or physical incapacity or for any other reason. (6) The
Authority shall carry out the following functions: (a) advise
the Government on all matters relating to promotion of mental health and
prevention of mental disorder in the Province; (b) develop
and establish new Provincial standards for care and treatment of patients; (c) recommend
measures to improve existing mental health services and setting up of child and
adolescence, substance
abuse or drug dependence, psychogeriatric, forensic,
learning disability and community based services; (d) prescribe
procedures with respect to setting up and functioning of the mental health
services and facilities in the Province; (e) prescribe
a code of practice to be implemented for achieving the purposes and objects of
this Act as well as to be followed by all the mental health personnel involved
with the care of patients under this Act; (f) to
ensure that the provisions of this Act for assessment and treatment are being
properly carried out, whether or not requested by any individual, patient or
his relative, as the case may be; (g) prescribe
for care, aftercare or rehabilitation, under supervision or otherwise; (h) provide
for and regulate the setting up of help lines and crisis centres for the
general public with regard to mental health; (i) provide
for, organize and regulate public awareness programs and promote research,
publish journals, bulletins, magazines and other educational material on mental
health issues; (j) arrange
and organize such courses and training programs as may be necessary for
carrying out the purposes and objects of this Act. (k) approve
Psychiatrists for the purposes of this Act, in such manner as may be
prescribed; and (l) discharge
such other functions with respect to matters relating to mental health as
Government may require 4. Establishment of psychiatric
facilities by Government.---(1)
Government may, in any part of the Province, establish or maintain
psychiatric facilities for the assessment, admission, treatment,
rehabilitation, care and after care of the patients at such places, as it deems
fit. (2) The
psychiatric facilities established under sub-section (1), may organize or
maintain separate units (for both male and female genders) for,- (a) persons
who are above the age of eighteen years; (b) child
and adolescence psychiatric units; (c) psychogeriatric
units for the elderly; and (d) persons
who have been convicted of any offence and are mentally disordered for whom
special security measures shall be required. (3) Where
drug dependence units need to be established, they shall be set up separately
for both genders, male and female, which may be within the psychiatric facility
for people who are not patients, but have drug dependence or with drug induced
behavioral changes. Chapter–III Assessment and Treatment 5. Care in the community.---Community
based mental health services shall be set up for providing mentally disordered
persons and their families and others involved in their care with guidance,
education, rehabilitation, after care and preventive measures and other support
services on an informal basis. Explanation.---For the
purposes of this section, community shall include, family, home, workplace,
educational institutions and other places where care and after care can be
provided on an informal or voluntary basis. 6. Care and treatment on an informal or
voluntary basis.---Any person, who himself seeks or is brought by a relative or is
referred by a medical practitioner or by any authority for forensic psychiatric
assessment, shall be examined by a psychiatrist or a medical officer nominated
by him who shall record his findings in writing and decide that such persons be
treated on an out-patient basis or otherwise. Any such person, on withdrawal of
his consent, may be discharged in accordance with the provisions of this Act. 7. Duration for periods of detention for
assessment, treatment, urgent admission and emergency holding.---(1)
For the purposes of this Act, there are four types of detention of a patient,
namely: (a) admission
for assessment; (b) admission
for treatment; (c) urgent
admission; and (d) emergency
holding. (2) The duration for
each type of detention shall be as follows: (a) the
period of detention for the purposes of assessment shall be up to twenty-eight
(28) days from the date of application made under section 8; (b) the
period of detention for the purposes of treatment shall be up to six (06)
months from the date of application made under section 9, and is renewable
under the provisions of the said section; (c) the
period of detention for the purposes of urgent admission shall be up to
seventy-two (72) hours from the time of application made under section 10; and (d) the
period of detention in the case of a patient for the purposes of emergency
holding already in hospital, shall be up to twenty-four (24) hours from the
time of application made under section 11. 8. Admission for assessment.---(1)
A patient may be admitted to a psychiatric facility and detained there for the
period allowed by sub-section (4), in pursuance of an application made in
accordance with sub-sections (2) and (3) of this section. (2) An
application for admission for assessment may be made in respect of a patient on
the grounds that- (a) he
is suffering from mental disorder of a nature or degree which warrants his
detention in a psychiatric facility for assessment or for assessment followed
by initial treatment for at least a limited period; (b) he
ought to be so detained in the interests of his own health or safety or with a
view to the protection of other persons; and (c) specifying
that care and treatment in the community and on an informal and voluntary basis
is not possible. (3) An
application for admission for assessment shall be founded on the written
recommendation in the prescribed form of two medical practitioners, one of whom
shall be a medical officer and one shall be a psychiatrist, or where a
psychiatrist is not available, a medical practitioner with experience in
psychiatry, including in each case a statement that in the opinion of such
medical practitioners the conditions set out in sub-section (2) above are
complied with. (4) A
patient admitted to a psychiatric facility in pursuance of an application for
admission for assessment, may be detained for a period, not exceeding
twenty-eight (28) days, beginning with the day on which application was made
under this section, but shall not be detained after the expiration of that
period unless before it has expired he has become liable to be detained by
virtue of a subsequent application, order or direction under the provisions of
this Act. (5) Where
a psychiatrist deems it fit, he may discharge the patient from detention and
advise him or to his relative or guardian to continue treatment on voluntary
basis. (6) The
patient shall have the right of filing only one appeal against the order of
detention under this section to a Court within a period of fourteen (14) days
from the day on which the application was made. 9. Admission for treatment.---(1) A
patient may be admitted to a psychiatric facility and detained there for the
period in pursuance of an application made in accordance with this section. (2) An
application for admission for treatment may be made on the grounds that,- (a) he
is suffering from mental disorder and his mental disorder is of a nature or
degree which makes it appropriate for him to receive treatment in a psychiatric
facility or health facility, as the case may be; and (b) it
is necessary for the health or safety of the patient and their families or for
the protection of other persons that he should receive such treatment and it
cannot be provided unless he is admitted. (3) An
application for admission for treatment shall be found on the written
recommendations, on the prescribed form of two medical officers, one of whom
shall be an approved psychiatrist, including in each case a statement that in
the opinion of such medical officers the conditions set out in sub-section (2),
above are complied with and each such recommendation shall include- (a) such
particulars as may be prescribed of the grounds for that opinion so far as it
relates to the conditions set out in clause (a)of sub-section (2) of this
sub-section; and (b) a
statement of the reason for that opinion so far as it relates to the conditions
set out in clause (b) of sub-section (2) of this section specifying, whether
other methods of dealing with the patient are available and if so, why they are
not appropriate. (4) A
patient admitted to a psychiatric facility may be detained in such facility for
a period, not exceeding six months, as specified in clause (b) of sub-section
(2) of section 7 of this Act, but shall not be so detained or kept for any
longer period unless his detention is renewed under this section. (5) The detention of a patient may, unless he has previously been
discharged, be renewed from the expiration of the period of six months referred
to in sub-section (4) above, for a further period of six months. (6) From
the expiration of any period of renewal under sub-section (5), for a further
period of one year, if necessary and so on for periods of one year at a time. (7) A
patient may file an appeal against the order of detention under this section to
the Court. 10. Admission for assessment in cases of
urgency.---In any case of urgent necessity, an application for admission
for assessment may be made in respect of a patient as follows: (a) an
urgent application may be made either by a relative or medical officer and
every such application shall include a statement that it is of urgent necessity
for the patient to be admitted and detained and that compliance with the
provisions relating to an application for treatment under section 9 shall
involve undesirable delay; (b) an
urgent application shall be sufficient in the first instance, if founded on the
medical recommendation of an approved psychiatrist or his nominated medical
officer, and if practicable, the nominated medical officer shall not be the
same medical officer referred to in clause (a) above; and (c) an
urgent application shall cease to have effect after seventy-two (72) hours from
the time when the patient is admitted to
the psychiatric facility unless,- (i) the second medical recommendation
required by section 9 is given and received by the in-charge of the
psychiatrist facility, within the seventy-two (72) hours; and (ii) that such recommendation and the
recommendation referred to in clause (b) above together comply with all the
requirements as contained in section 15. 11. Emergency holding.---A patient who
is receiving treatment in a psychiatric facility who wishes or attempts to
leave and it appears to a medical officer- (a) that
he is suffering from mental disorder to such a degree that it is necessary for
his health and safety or for the protection of others, he is to be prevented
from leaving the psychiatry facility; and (b) that
it is not practicable to secure the immediate attendance of the psychiatrist,
in charge of psychiatric facility or his nominated medical officer for the
purpose of furnishing a medical recommendation,- the medical practitioner shall record that fact in writing and in
that event the patient may be detained in such facility for a period of
twenty-four (24) hours from the time when the fact is so recorded or until the
earlier arrival of the psychiatrist in charge of the psychiatric facility or
his nominated medical officer. 12. Emergency powers.---Where,
in case of an emergency, a medical practitioner is unable to obtain informed
consent in writing, he may administer treatment, that in his professional
opinion, is necessary for- (a) saving
the life of a patient; or (b) preventing
serious deterioration of his condition; or (c) alleviating
serious suffering by the patient; or (d) preventing
the patient from behaving violently or being a danger to himself or to others. 13. Application by whom to be presented.---(1)
Subject to sub-section (3), an application, on a prescribed form, shall be
presented by the relative or in case such relative is prevented by reason of
mental disorder, absence from Pakistan or otherwise from making the presentation,
by any other person on his behalf. (2) The
application, presented under sub-section (1) by a person other than the
relative, shall contain a statement of the reasons why it is not so presented
by the relative and of his connection with the patient and the circumstances
under which he presents the application. (3) No
person shall present an application unless he has attained the age of majority
and has within fourteen (14) days before the presentation of the application,
personally seen the said patient. (4) The
application shall be signed and verified by the person who presents it and the
statement of prescribed particulars by the person making such statement. 14. Effect of application for admission.---(1)
An application for the admission of a patient to a psychiatric facility, under
this Act, duly completed in accordance with the provisions of this Act, shall
be sufficient authority for the person to take the patient to a psychiatric
facility at any time within the following periods: (a) in
case of an application made other than an emergency application within the
period of fourteen (14) days beginning with the date from which the patient was
last examined by an approved psychiatrist or medical practitioner, as the case
may be, before giving a medical recommendation for the purposes of the
application; and (b) in
case of an emergency, within the period of twenty-four (24) hours beginning at
the time when the patient was examined by an approved psychiatrist or his
nominated medical officer giving the medical recommendation or at the time when
the application is made, whichever is the earlier. (2) Where
a patient is admitted within the said period to a psychiatric facility, as
mentioned in sub-section (1), on an application made under sections 8, 9 or 10,
as the case may be, the application shall be sufficient authority for the
hospital management to detain the patient in the psychiatric facility, in
accordance with the provisions of this Act. (3) Any
application for the admission of a patient under sections 8, 9 or 10, as the
case may be, and which appears to be duly made and is founded on the necessary
medical recommendations, may be acted upon without further proof of the
signature or qualification of the person by whom the application or any such
medical recommendation is made or given or of any matter of fact or opinion
stated therein. (4) Once
a patient is admitted to a psychiatric facility in pursuance of an application
for admission for treatment, any previous application under this Act, by virtue
of which he was detained in a psychiatric facility, shall cease to have effect.
15. General provisions as to applications
and medical recommendations.---(1) General provisions as to applications
shall be as follows: (a) subject
to the provisions of this section, an application for admission for assessment
or for treatment may be made either by the relative, an approved psychiatrist
or nominated medical practitioner, as the case may be, and every such
application shall specify the qualification of the person to make such an
application; (b) every
application for admission shall be addressed to the hospital management to
which admission is sought; (c) before
or within a reasonable time, after an application for the admission of a
patient for assessment, is made by an approved psychiatrist or a nominated
medical officer, as the case may be, he shall take such steps as are
practicable to inform the relative or any other person, appearing to be the
nearest relative of the patient that the application is to be or has been made;
(d) none
of the applications shall be made by relative or any other person in respect of
a patient unless that person has personally seen him within the period of
fourteen (14) days, ending with the date of application; (e) any
recommendation given for the purpose of an application for admission for
treatment, may describe the patient as suffering from more than one form of
mental disorder or any other disorder or disability of mind: Provided that the
application shall be of no effect unless the patient is described in each of
the recommendations as suffering from the same form of mental disorder whether
or not he is also described in either of those recommendations as suffering
from another form. (f) each
of the applications shall be sufficient, if the recommendations on which it is
founded are given either as separate recommendations or as a joint
recommendation, signed by a psychiatrist and medical practitioner. (2) General
provisions as to medical recommendations are as: (a) where
recommendations are required for the purpose of an application under this Act,
the same shall be signed on or before the date of the application, and shall be
given by an approved psychiatrist or nominated medical officer, as the case may
be, who have examined the patient either together or separately, but where they
have examined him separately not more than five days must have elapsed between
the days on which those separate examinations took place; and (b) where
the medical recommendations, given for the purpose of any application, as
referred under clause (a) above, one shall be given by an approved psychiatrist
and unless that psychiatrist has previous acquaintance with the patient the
other such recommendation shall, if practicable, be given by a medical
practitioner who has such previous acquaintance. 16. Rectification of applications and
recommendations.---(1) If, within the period of fourteen (14) days,
beginning with the day, on which application was made, in respect of the
patient to be admitted in a psychiatric facility for assessment or treatment,
the application or any recommendation is found, to in any respect, incorrect or
defective, the application or recommendation may, within that period and with
the consent of the hospital management be amended by the person by whom it was
signed and upon such amendment, being made the application or recommendation,
shall have effect and shall be deemed to have had effect as if it had been
originally made as so amended. (2) Without
prejudice to the provisions of sub-section (1), if within the period specified
therein, it appears to the hospital management that one of the recommendations,
on which the application for admission of a patient is found insufficient to
warrant his detention of the in pursuance of the application, they may, within
that period, give notice, in writing, to that effect to the person who made it
and where any such notice is given in respect of a recommendation, that
recommendation shall be disregarded, but the application shall be deemed to
have been sufficient, if- (a) a
fresh recommendation complying with the relevant provisions of this Act, other
than the provisions relating to the time of signature and the interval between
examinations, is furnished to the hospital management, within that period; and (b) the
fresh recommendation and the other recommendation, given earlier, on which the
application is found, together comply with those provisions. (3) Where
the recommendation, upon which an application for admission is found, is taken
together insufficient to warrant the detention of the patient in pursuance of
the application, notice under sub-section (2) above may be given in respect of
either of those recommendations, but this sub-section shall not apply in a case
where the application is of no effect by virtue of clause (e) of sub-section
(1) of section 15. (4) Nothing
in this section shall be construed as authorizing the giving of notice in
respect of an application made as an emergency application, or the detention of
a patient admitted in pursuance of such an application, after the period of
seventy-two (72) hours, subject to the conditions set out in sub-clauses (i)
and (ii) of clause (c) of section 10 of this Act. 17. Mentally
disordered person found in public
places.---(1) If an officer, in charge of a police station, finds in
a place to which the public have access, a person, whom he has reason to
believe, is suffering from a mental disorder and to be in immediate need of
care or control, the said officer may, if he thinks it necessary to do so in
the interest of that person or for the protection of other persons, takes that
person to a place of safety, or hand him over to his relative, who is willing
to temporarily receive him. (2) Such
mentally disordered person, as the case may be, may be detained in place of
safety for a period, not exceeding seventy-two (72) hours, for the purpose of
enabling him to be examined by a psychiatrist or his nominated medical officer
and for making any necessary arrangements for his treatment. Chapter-IV Leave and Discharge 18. Order of leave.---(1)
An application, in the prescribed form, for leave of absence, in regard to any
mentally disordered person who is formally admitted in any psychiatric
facility, may be made to the psychiatrist, in charge of the psychiatric
facility by a relative, who is desirous of taking care and custody of such
person, for a specified period, requesting that he may be allowed, on his
application, to take care and custody of such person and subject to the
assessment by a psychiatrist, in charge of the psychiatric facility, who may
allow or refuse the said application: Provided that no application under
this sub-section shall be made by a person who has not attained the age of
majority. (2) Every
application under sub-section (1), shall be accompanied by an undertaking- (a) to
take proper care of the mentally disordered person; (b) to
prevent him from causing injury to himself or to others; and (c) to
bring him back to the psychiatric facility on the expiry of the period of
leave. (3) On
receipt of the application under sub-section (1), the psychiatrist in-charge,
may grant leave of absence for such period as he may deem necessary and subject
to such conditions as may, in the interests of the personal safety of the patient
or for the protection of others, be specified in the order. (4) In
any case, where a patient is absent from a psychiatric facility in pursuance of
order of leave, granted under this section, and it appears to the psychiatrist
in-charge that it is necessary to do so in the interest of the mentally
disordered person or for the protection of other persons, he may, by notice in
writing, give him or his relative, who took the responsibility of taking his care, revoke the leave of absence and
recall him to the psychiatric facility. (5) In case a patient
pursuance to the notice under sub-section (4), is not returned by the relative
after a specified period of leave, the psychiatrist in-charge shall report to
the Magistrate, in whose jurisdiction such psychiatric facility, is situated,
and the Magistrate, if satisfied, may direct the local police to recover the
patient and to produce him before the Magistrate on a specified date and the
Magistrate after hearing the patient, the person in-charge and the concerned
psychiatrist or their representative, may make an order placing the patient in
the psychiatric facility, or allow him to continue being in the care and
custody of the person in charge or may make such other orders as he may deem
fit. (6) Without
prejudice to the generality of foregoing powers, the period of admission for
assessment and treatment as provided in section 8 or section 9, as the case may
be, shall continue during the period for which order of leave was granted: Provided that a patient in whose
favour order of leave has been granted shall not be recalled, after he has
ceased to be liable to be detained for the periods specified under section 8 or
section 9, as the case may be, unless he is absent at the expiration of period
specified under the above referred sections, without leave from the psychiatric
facility. 19. Discharge.---(1) The psychiatrist
in-charge treating a patient may, by order in writing, by his own cause or
pursuance to an application, direct his discharge at any time, as he may deem
appropriate: Provided that no patient shall be discharged, if such
psychiatrist, certifies in writing that he is unfit to be discharged for
reasons of his own health and safety or the safety of others to magistrate. (2) Where
any order of discharge is made under sub-section (1), a copy of such order
shall, forthwith, be forwarded to the psychiatrist by whom such patient was
referred and to relative if any. 20. Application to Magistrate.---(1)
A patient, who feels that he has recovered from his mental disorder, or any of
his relative or guardian, as the case may be, may make an application to the
Magistrate, within the local limits of whose jurisdiction the psychiatric
facility, is situated, for his discharge from such facility, when he is refused
by the psychiatrist in-charge to discharge. (2) The
Magistrate may after making such inquiry, as he may deem fit, pass an order
discharging the person or dismiss the application. 21. Discharge
of a detained person found not to be mentally disordered personafter assessment.---If any person, admitted in a psychiatric
facility is subsequently found not to be a mentally disordered person and is capable of taking care of himself
and managing his affairs, a psychiatrist in charge shall forthwith discharge
such person from the such facility and notify the fact to the referring
psychiatrist and his nearest relative at least seven days, before the date of
discharge. 22. Notice
about serious illness or death.---If a mentally disordered
person becomes seriously ill or dies, that fact shall be notified to his
relatives, if known or on whose application he was admitted and also to the
referring psychiatric by whom he was referred to the psychiatric facility. 23. Transfer and removal.---Transfer
and removal of patient, as the case may be, placed in a psychiatric facility to
another psychiatric facility within the Province or some other Province, shall
be carried out in accordance with any general or special order of Government
with the consent of the other Provincial Government; provided that a notice of
such intended transfer or removal has been given to the patient or his relative
or guardian, as the case may be. 24. Foreign nationals.---When
an arrangement has been made with any foreign state with respect to the
placement of a patient, the Government in consultation with the Federal
Government, shall refer the matter to the Authority for getting a notification
issued in this behalf and the agent of the foreign state may make an
application thereafter to the Government. Chapter-V Judicial Proceedings for Appointmentof Guardian and manager of the Property of the mentally disordered person 25. Judicial proceedings.---Whenever
any person is possessed of property and is alleged to be mentally disorder, the
Court, within whose jurisdiction such person is residing, may, upon application
by any of his relatives, having obtained consent in writing of the Advocate
General of the Province, by order direct an inquiry for the purpose of
ascertaining whether such person is mentally disordered and incapable of
managing himself, his property and his affairs. 26. Regulation of proceedings of the Court.---(1)
The following provisions shall regulate the proceedings of the Court with
regard to the matter to which they relate, namely: (a) notice
shall be given to the mentally disordered person of the time and place at which
it is proposed to hold the inquiry, the Court may also direct copy of such
notice to be served upon any relative and any other person to whom, in the
opinion of the Court, notice of the application is to be given; (b) if
it appears that personal service on the mentally disordered person, shall be
ineffectual, the Court may direct such substituted service of notice as it
thinks fit; (c) the
Court may require the alleged mentally disordered person to attend, at such
convenient time and place as it may appoint for the purpose of being personally
examined by the Court, or to any person from whom the Court may desire to have
a report of the mental capacity and condition of such person; (d) the
Court may likewise make an order authorizing any person or persons therein
named to have access to the alleged mentally disordered person for the purpose
of his personal examination; and (e) the
attendance and examination of the alleged mentally disordered person under the
provisions of sub-clauses (c) and (d) shall, such person be a woman, be
regulated by the law in practice for the examination of such persons in other
civil cases. (2) The
Court, if it thinks fit, may appoint two or more persons to act as assessors to
the Court in the said proceedings. (3) Upon
the completion of the inquiry, the Court shall determine whether the person is
suffering from mental disorder and is incapable of managing himself and his
affairs, or may come to a special finding that such person lacks the capacity
to manage his affairs, but is capable of managing himself and is not dangerous
to himself or to others, or may make any such order it deems fit, in the
circumstances of the case, in the best interest of such person. 27. Inquiry by sub-ordinate Court on
commission issued by the Court and proceedings thereon.---(1) If the
alleged mentally disordered person resides at a distance of more than fifty
kilometers from the place where the Court is situated to which the application
is made, the said Court may issue a Commission to any sub-ordinate court to
make the inquiry, and such subordinate court shall thereupon conduct the
inquiry in the manner hereinbefore provided. (2) On
the completion of inquiry the sub-ordinate court shall transmit the record of
its proceedings with the opinion of the assessor, if any, and its own opinion
on the case and the Court shall thereupon proceed to dispose of the application
in the manner provided in sub-section (3) of section 26: Provided that the Court may direct
the sub-ordinate court to make such further or other inquiry as it thinks fit
before disposing of the application. 28. Appointment of guardian.---(1) Where a mentally disordered person is
incapable of taking care of himself, the Court may appoint any suitable person
to be his guardian or order him to be looked after in a psychiatric facility
and order for his maintenance. (2) The guardian of a
mentally disordered person, appointed under this Act, shall be paid from out of
the property of the mentally disordered person, such allowances as the Court
may determine. 29. Management of property of the mentally disordered person.--(1) Where the property of the
mentally disordered person, who is incapable of managing it, the Court shall
appoint any suitable person to be the manager of such property. (2) No
legal heir of a mentally disordered person shall be appointed as a manager of
the property of the mentally disordered person, unless the Court, for reasons
to be recorded in writing, considers that such appointment is for the benefit
of the mentally disordered person. 30. Responsibilities and powers of the
manager.---(1) A person, appointed as a manager of the property of a
mentally disordered person, under this Act, shall be responsible for the
management and maintenance of the property belonging to mentally disordered
person. (2) The
manager of the property of the mentally disordered person shall pay to the
guardian of the mentally disordered person such allowances as may be fixed by
the Court for the care and maintenance of the mentally disordered person and of
such members of his family as are dependent on him. (3) The
manager shall exercise the same power in regard to the management of the
property of the mentally disordered person, in respect of which he is appointed
as manager, as the mentally disordered person shall have exercised as owner of
the property, had he not been mentally disordered and shall realize all claims
due to the property of such mentally disordered person and pay all debts and
discharge all abilities legally due from that property of and in exercise of
powers under this section regard shall be had first of all to the requirements
of the mentally disordered person and the rights of the creditors, if any: Provided that no manager shall,
without the permission of the Court,- (a) mortgage,
create any charge on, or transfer by sale, gift, exchange or otherwise, any
movable or immovable property of the mentally disordered person; or (b) lease out or give
on bailment any such property. (4) The
permission, under sub-section (1), may be granted, subject to such conditions
or restrictions, as the Court may think fit to impose. (5) The
Court shall cause notice of every application for permission to be served on
any relative and after considering objections, if any, received from the
relatives and after making such inquiries as it may deem necessary, grant or
refuse permission having regards to the interest of mentally disordered person.
31. Furnishing of inventory of immovable
property, etc.---(1) The manager of the property of the mentally disordered
person shall, within a period of three months from the date of his appointment,
deliver to the Court an inventory of the immovable property, belonging to the
mentally disordered person and of all assets and other movable property
received on his behalf, together with a statement of all claims due on and all
debts and liabilities due by a mentally disordered person. (2) All
transactions under this Act shall be made through a bank, authorized by the
Court. (3) A
manager of the property of the mentally disordered person shall also furnish to
the Court, within a period of three months of the closure of every financial
year, an account of the property and assets in his charge, the sums received
and disbursed on account of the mentally disordered person and the balance
remaining with him. (4) If
any relative impugns, by a petition to the Court, the accuracy of the inventory
or statement referred to in sub-section (1) or any annual account referred to
in sub-section (3), the Court may summon the manager and summarily inquire into
the matter and make such order thereon as it thinks fit. (5) Any
relative may, with the leave of the Court, sue for an account from the manager
or from any such person after his removal from office or trust, or from his
legal representatives in the case of his death, in respect of any property then
or formerly under his management or of any sums of money or other property
received by him on account of such property. 32. Inquiry by Court in certain cases.---Where
a mentally disordered person had, before the onset of his mental disorder,
contracted to sell or otherwise disposed of his property or any portion
thereof, the Court may, after conducting an inquiry, direct the manager of the
property of the mentally disordered person to perform such contract and to do
such other acts in fulfillment of the contract as the Court considers necessary
and thereupon, the manager shall be bound to act accordingly. 33. Disposal of business premises under the
direction of the Court.---Where
a mentally disordered person had been engaged in business, before he falls in
mental disorder, the Court may, if it appears to be in the best interest of
such person, after proper hearing, notices have been issued to relatives for hearing
to dispose of his business premises, direct the manager of the property of the
mentally disordered person, in relation to property of such person to sell and
dispose of such premises and to apply the sale proceeds thereof in such manner
as the Court may direct and thereupon such manager shall be bound to act
accordingly. 34. Investment of assets of mentally disordered person.---All sums received
by a manager of the property of a mentally disordered person, on account of any
property in excess of what may be required for the current expenses of a
mentally disordered person or for the management of his property, shall be paid
into the public treasury on account of the property, and shall be invested,
from time to time, through state owned investment agencies, in the interest of
the mentally disordered person. 35. Appointment of a new guardian or manager.---(1) The guardian or manager of the property of a
mentally disordered person may resign with the permission of the Court, or for
sufficient cause and for reasons to be recorded in writing, be removed by the
Court and such Court may appoint a new guardian or manager in his place, as the
case may be. (2) Any
guardian or manager of the property of the mentally disordered person, removed
under sub-section (1), shall be bound to deliver the charge of such person or
his property to the new guardian or manager, and to account for all monies
received or disbursed by him. 36. Dissolution of partnership.---(1)
Where a person, being a member of a partnership firm, is found to be mentally
disordered person, the Court may, on the application of any other partner,
order for the dissolution of the partnership or on the application of any
person who appears to that Court to be entitled to seek such dissolution,
dissolve the partnership in accordance with the provisions of the Partnership
Act, 1932 (IX of 1932). (2) Upon
dissolution a partnership firm to which sub-section (1) applies, the manager
may, in the name and on behalf of the mentally disordered person, join with the
other partners in disposing of the partnership property upon such terms, and
shall do all such acts for carrying into effect the dissolution of the
partnership as the Court may direct. (3) Notwithstanding
anything contained in the foregoing provisions, the Court may, instead of
appointing a guardian or a manager, order that in the case of cash, or in the
case of any other property, the produce thereof, shall be realized and paid or
delivered to such person as may be appointed by the Court in this behalf, to be
applied for the maintenance of the mentally disordered person and of such
members of his family as are dependent on him. 37. Securities etc; of mentally disordered person.---(1) Where any
stock or Government securities or any share in a company are standing in the
name of, or vested in, a mentally disordered person beneficially entitled
thereto, or if the manager dies or himself mentally disorder, or is out of the
jurisdiction of the Court, or it is uncertain whether the manager is living or
dead, or neglects or refuses to transfer the stock, securities or shares, or to
receive and pay over thereof the dividends to a new manager appointed in his
place, within fourteen (14) days after being required by the Court to do so,
then the Court may direct the company or Government to make such transfer, or
to transfer the same, and to receive an pay over the dividends in such manner
as it may direct. (2) The
Court may direct those dividends, the profit of shares, stock and Government
securities shall be deposited in the mentally disordered person’s bank account.
(3) Where
any stock or Government securities or shares in a company is or are standing in
the name of, or vested in any person, residing out of Pakistan, the Court, upon
being satisfied that such person has been declared to be mentally disordered
person and that his personal estate has been vested in a person, appointed for
the management thereof, according to the law of the place where he is residing,
may direct the company or Government concerned to make transfer of such stock,
securities or shares or of any part thereof, to or into the name of the person
so appointed or otherwise, and also to receive and pay over the dividends and proceeds,
as the Court thinks fit. 38. Maintenance during temporary mental
disorder.---If it appears to the Court that the mental illness of a person
is in its nature temporary and that it is expedient to make provision for a
temporary period, for his maintenance or for the maintenance of such members of
his family as are dependent on him, the Court may direct his property or a
sufficient part thereof to be applied for the purpose specified therein. 39. Inquiry by Court into cessation of mental
disorder.---(1) Where the Court has
reason to believe that any person who was found to be mentally disordered
person has ceased to be mentally disorder, it may direct any court subordinate
to it to inquire whether such mentally disordered person has ceased to be mentally
disorder or otherwise. (2) If
after an inquiry under this section, it is found that the patient has ceased,
the Court shall order all actions taken in respect of such person to be set
aside on such terms and conditions as the Court thinks fit to impose. (3) Without
prejudice to the generality of foregoing sub-sections, the Court shall have
powers to make such orders and give such directions as it thinks fit, for the
betterment of such mentally disordered person. 40. Appeal to High Court.---An
appeal shall lie to the High Court from an order made by a Court, within a
period of sixty (60) days from the date of order of the said Court. Chapter-VI Liability and Maintenance of the Patient 41. Cost of maintenance of a patient
admitted in a psychiatric facility.---(1)
The cost of maintenance of a mentally disordered person admitted in a
Government owned psychiatric facility shall be borne by the Government: Provided that- (a) the
authority which made the order has not taken an undertaking from any person to
bear the cost of maintenance of such a person; and (b) there
is no provision for bearing the cost of maintenance of such person by the Court
under this Act. (2) Person
holding public office or a public servant who is paid by Government and is
mentally disordered shall continue to receive benefit as per entitlement even
after he retires voluntarily or on attainment of the age of superannuation or
on the basis of medical invalidation. (3) Where
any such person admitted in a psychiatric facility has an estate or where any
person legally bound to maintain such person has the means to maintain such
person, the Government or local authority, as the case may be, shall liable to
bear the cost of maintenance of such a person under any law, for the time being
in force, may make an application to the Court within whose jurisdiction the
estate of such a person is situated or the person legally bound to maintain the
said person and having the means therefore resides, for an order authorizing it
to apply his estate towards the cost of maintenance or directing the legally
bound person to bear the cost of maintenance. (4) Nothing
contained in the foregoing provisions shall be deemed to absolve a person
legally bound to maintain a mentally disordered person from maintaining such a
person. 42. Maintenance out of pay, pension,
etc.---(1) Where any sum is payable in respect of pay, pension, gratuity or
any allowance to any person by
Government and the person to whom the sum is payable if certified by a
Magistrate under this Act to be a mentally disordered person, the officer under
whose authority such sum shall be payable, may pay to the person having charge
of the mentally disordered person so much of the said sum, as he thinks fit,
having regard to the cost of maintenance of such person and may pay to such
members of the family of the mentally disordered person as are dependent on him
for maintenance, the surplus, if any, or such part thereof, as he thinks fit,
having regard to the expenses of maintenance of such member. (2) Where
there is any further surplus amount, available out of the funds, specified in
sub-section (1) after making payments as provided in that sub-section,
Government shall hold the same to be dealt with as follows, namely: (a) where
a mentally disordered person is certified to have ceased to be mentally disordered
by the Court within the local limits of whose jurisdiction such person resides
or is admitted, the whole of the surplus amount shall be paid back to that
person; (b) where
a mentally disordered person dies, before payment, the whole of the surplus amount
shall be paid over to those of his heirs who are legally entitled to receive
the same; and (c) where
a mentally disordered person dies during his mental disorder without leaving
any person legally entitled to succeed to his estate, the whole of the surplus
amount shall be paid into the State Treasury. Chapter-VII Protection of Human Rights of mentally
disordered persons 43. Cases of attempted suicide.---A
person, who attempts suicide shall be assessed by an approved psychiatrist and
if found to be suffering from a mental disorder shall be treated appropriately
under the provisions of this Act. 44. Confidentiality.---No mentally
disordered person shall be publicized nor his identity disclosed to the public
through press or media. 45. Informed consent.---(1) Before
commencing any investigation or treatment a psychiatrist or nominated medical
officer shall obtain written informed consent, on a prescribed form, from the
mentally disordered person or if the he is a minor or otherwise unable to give
concert due to his mental disorder , his relative or a guardian, as the case
may be. (2) Where
the consent of a patient to any form of investigation and or treatment has been
given the mentally disordered person or if the patient is a minor, his nearest
relative or a guardian, as the case may be, may withdraw his consent in writing
at any time before the completion of the treatment. (3) Without
prejudice to the application of sub-section (2), any treatment given under the
plan of treatment to which a mentally disordered person or if the he is a
minor, his nearest relative or a guardian, as the case may be, who has
consented, to such a plan may, at any time withdraw his consent in writing to
further treatment, or to further treatment of any description under the plan of
treatment. Chapter-VIII Offences and Indemnity 46. Penalty for making false statement,
etc.---(1) Any person who
willfully makes a false entry or statement in any application, recommendation,
report, record or other document required or authorized to be made for any of
the purposes of this Act, with an intent to get someone to be detained for
assessment or for treatment of mentally disorder; or with intent to deceive,
makes use of any such entry or statement which he knows to be false, shall be
guilty of an offence under this Act. (2) Any
person employed in a psychiatric facility, who strikes, ill-treats, maltreat or
willfully neglects any mentally disordered person confined in such psychiatric
facility or willfully violates or neglects any of the provisions of this Act
shall be guilty of an offence. (3) Any
guardian or manager of estate of a mentally disordered person who willfully
neglects or refuses after him or to
deliver his accounts or any property in his possession within the time fixed by
the Court shall be guilty of an offence. (4) Without
prejudice to criminal prosecution under any other law for the time being in
force, whoever is guilty of an offence under sub-sections (1), (2) or (3),
shall be punishable with imprisonment for a term which may extend to one year
or with fine which may extend to twenty thousand rupees, or with both. (5) Any
person who carries out any form of inhumane treatment, on a mentally disordered
person which includes; trepanning, branding, scalding, beating, exorcising,
chaining to a tree etc. of any such person or subjecting a child to the
cultural practice of rendering him mentally retarded, by inducing microcephaly,
or subjecting any such person to physical, emotional or sexual abuse, shall be
guilty of an offence, punishable with rigorous imprisonment which may extend to
five years or with fine extending up to rupees fifty thousand Rs.50,000 or with
both. (6) Any
person who contravenes any of the provisions of this Act or of any rule made
thereunder, for the contravention of which no penalty is expressly provided in
this Act, shall be punishable with imprisonment for a term which may extend to
six months, or with fine which may extend to ten thousand rupees, or with both. 47. Indemnity.---(1) No suit,
prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of
this Act or the rules made there under. (2) No
suit or other legal proceedings shall lie against the Government for any damage
caused or likely to be caused for anything which is in good faith done or
intended to be done in pursuance of this Act or the rules or orders made there
under. Chapter -IX Inspection of Mentally Disordered Prisoners 48. Inspection of mentally disordered
prisoners.---(1) Where any person is detained under the provisions of section
466 or section 471 of the Code of Criminal Procedure 1898 (Act V of 1898),
section 130 of the Pakistan Army Act, 1952 (XXXIX of 1952), section 143 of the
Pakistan Air Force Act, 1953 (VI of 1953, or section 123 of the Pakistan Navy
Ordinance, 1961 (XXXV of 1961), the Inspector-General of Prisons, if the
accused person is detained in a jail, and the Authority or any two members of
such Authority, if the accused person is detained in a psychiatric facility,
may visit him in order to ascertain his state of mind and such a detainee shall
be visited once at least in every six months by the Inspector-General of
Prisons or, as the case may be, the Authority or any two members of such
Authority, shall make a report as to the state of mind of such person to the
Authority under whose order the accused person is detained and the
Inspector-General of Prisons or, as the case may be, the Authority or any two
members of such Authority, shall make a report as to the state of mind of such
person to the Authority under whose order the accused person is detained. (2) The
Government may empower the officer in charge of the jail in which such accused
person is detained to discharge all or any of the functions of the Inspector
General of Prisons under sub-section (1). Chapter-X Forensic Psychiatric Services 49. Forensic psychiatric services.---(1)
Special security forensic psychiatric facilities shall be developed by
Government to house mentally disordered prisoners or mentally disordered
offenders, as the case may be, as may be prescribed. (2) Admission,
transfer or removal of patients concerned with criminal proceedings in such
facilities shall be under the administrative control of the Inspector-General
of Prisons. (3) The
Authority shall have an access to such persons admitted in forensic psychiatric
facility in accordance with the provisions of this Act. Chapter-XI Miscellaneous 50. Specialized psychiatric treatments.---(1)
Specialized Psychiatric treatment may be carried out with the informed consent
of the patient, on the orders in writing by the Psychiatrist of the patient or
his relative or guardian, if the patient is a minor. (2) All
electro-convulsive treatments shall preferably be administered under general
anesthesia. (3) All
electro-convulsive treatments shall be advised by a psychiatrist, recording the
reasons for such advice and stating the reasons as to why the alternative
available methods of treatment are not appropriate. (4) Administration
of long acting anti-psychotic depot injections shall only be carried out upon
the advice of a psychiatrist for a period as specified in the prescription and
such cases shall be reviewed periodically. (5) No
person shall advise and carry out psychosurgery or make any decision to carry
out psychosurgery, except in cases where it is decided to be necessary and
appropriate in a meeting in this regard, attended by a neurosurgeon, a
Neurologist, a physician, two approved psychiatrists and a clinical
psychologist. 51. Act
to apply other psychiatric facilities.---The
provisions of this Act shall be applicable to any other psychiatric facility of
the Province, whether in public or private sector, as the case may be. 52. Removal of difficulties.---If any
difficulty arises in giving effect to any of the provisions of this Act,
Government may make such order, not inconsistent with the provision of this
Act, as may appear to it o be necessary for the purpose of removing the
difficulty. 53. Power to make rules.---Government
may, by notification in the official Gazette, make rules for carrying out the
purposes of this Act. 54. Repeal and savings.---(1) The Mental Health Ordinance, 2001
(VIII of 2001), in its application to this Province, is hereby repealed. (2) Notwithstanding the repeal of the said
Act, everything done, action taken, obligation, liability, penalty or
punishment incurred, inquiry or proceeding commenced, officers appointed or
person authorized, jurisdiction or power conferred, rules made and order or
notification issued under any of the provisions of the said Act, shall, if not
inconsistent with the provisions of this Act, be continued, and so far as may
be, be deemed to have been respectively done, taken, incurred, commenced, appointed,
authorized, conferred, made or issued under this Act. |