Updated: Monday August 08, 2011/AlEthnien
Ramadan 09, 1432/Somavara
Sravana 17, 1933, at 07:17:58 PM
Mental Health Ordinance for
AN
ORDINANCE
to
consolidate and amend the law relating to the mentally disordered persons with
respect to their care and treatment, the management of their property and other
related matters.
WHEREAS
it is expedient to
consolidate and amend the law relating to the treatment and care of mentally
disordered persons, to make better provisions for their care, treatment,
management of properties and affairs and to provide for matters connected
therewith or incidental thereto and to encourage community care of such
mentally disordered persons and further to provide for the promotion of mental
health and prevention of mental disorder;
AND
WHEREAS the
National Assembly and the Senate stand suspended in pursuance of the
Proclamation of Emergency of the fourteenth day of October, 1999, and the
Provisional Constitution Order No. 1 of 1999;
AND
WHEREAS the
President is satisfied that circumstances exist which render it necessary to
take immediate action;
NOW,
THEREFORE, in
pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No. 1 of 1999, read with the
Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of
all powers enabling him in that behalf, the President of the
CHAPTER
I
PRELIMINARY
1.
Short title, extent and commencement.- (1) This Ordinance may be called the Mental Health
Ordinance, 2001.
(2) It
extends to the whole of
(3) It
shall come into force with effect from the 20th day of February, 2001.
2.
Definitions.- (1)
In this Ordinance, unless there is anything repugnant in the subject or
context,---
(a) “approved
psychiatrist” means a medical practitioner possessing a recognized postgraduate
qualification and registered with the Pakistan Medical and Dental Council and
also approved by the Authority;
(b)
“Authority” means the Federal Mental Health Authority constituted under section
3;
(c) “cost
of maintenance” in relation to a mentally disordered person, includes the cost
of lodging, maintenance, clothing, medicine and care of a mentally disordered
person and any expenditure incurred in removing such mentally disordered person
to and from a psychiatric facility together with any other charges specified in
this behalf by the Government;
(d)
“Court of Protection” means a District Court having jurisdiction under this
Ordinance in matters specified herein and designated as such by the Government;
(e)
“Court” means a Court of Protection;
(f)
“Government” means the Federal Government or, as the case may be, the
Provincial Government;
(g)
“health facility” means any basic health unit, rural health centre, Tehsil
hospital, district hospital, teaching hospital and any private medical
facility, supervised by a medical practitioner;
(h)
“hospital management” means personnel operating and or managing any psychiatric
facility or a health facility that has provision for indoor treatment for the
mentally disordered;
(i)
“informed consent” means voluntary and continuing permission of the patient or
if the patient is a minor 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;
(j)
“Magistrate” means a Judicial Magistrate of the first class specially empowered
by the Government to perform functions and exercise powers of a Magistrate
under this Ordinance;
(k)
“medical officer” means a medical graduate serving in a Government health
facility and registered with the Pakistan Medical and Dental Council;
(l)
“medical practitioner” means a medical graduate registered with the Pakistan
Medical and Dental Council with good standing;
(m)
“mental disorder” means mental illness, including mental impairment, severe
personality disorder, severe mental impairment and any other disorder or
disability of mind and “mentally disordered” shall be construed accordingly and
as explained hereunder:
(i)
“mental impairment” means a state of arrested or incomplete development of mind
(not amounting to severe mental impairment) 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 and “mentally impaired” shall be construed accordingly;
(ii)
“severe 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;
(iii)
“severe mental impairment” means a state of arrested or incomplete development
of mind which includes severe impairment of intelligence and social functioning
and is associated with abnormally aggressive or seriously irresponsible conduct
on the part of the person concerned and “severely mentally impaired” shall be
construed accordingly;
Explanation:
- Nothing contained in clause (m), sub- clauses (i), (ii) and (iii) above shall
be construed as implying that a person may be dealt with under this Ordinance
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.
(n) “mentally
disordered prisoner’ means a person, who is 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 o f 1953) or section 123 of the Pakistan Navy
Ordinance, 1961 (XXXV of 1961);
(o)
“minor” means a child or adolescent not having attained the age of eighteen
years;
(p)
“patient” means a person who is under treatment and care;
(q)
“place of safety” means a Government run health facility, a psychiatric
facility, or residence of any suitable relative who is willing to temporarily
receive the patient;
(r)
“prescribed” means prescribed by rules or regulations as the case may be, made
under this Ordinance;
(s)
“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;
(t)
“psychiatrist” means a medical practitioner possessing a recognized
postgraduate qualification in psychiatry and registered with the Pakistan
Medical and Dental Council;
(u)
“relative” means and includes any person related by blood or marriage or
adoption under the personal law, with the mentally disordered person;
(v)
“rules” means the rules made under this Ordinance;
(w)
“specialized psychiatric treatments” means electro-convulsive treatment,
anti-psychotic depot injection, psychosurgery, and such other form of treatment
as may be specified for the purposes of this Ordinance; and
(x) “treatment
of mentally disordered person” means the assessment and treatment of a mentally
disordered person and shall include assessment, care, training, habilitation as
well as rehabilitation techniques or measures, as the case may be.
CHAPTER
II
ESTABLISHMENT
OF FEDERAL MENTAL HEALTH AUTHORITY
3.
Federal Mental Health Authority.- (1) For the purposes of this Ordinance, the Federal
Government shall constitute, by notification in the official Gazette, the Federal
Mental Health Authority.
(2) The
Authority shall consist of a Chairperson and not more than fourteen members to
be appointed by the Federal Government.
(3) The
members of the Authority shall be as follows:---
(i)
Secretary, Ministry of Health, Government of
(ii)
Director General, Ministry of Health, Government of Pakistan;
(iii)
Provincial Health Secretaries;
(iv)
Advisor in Psychiatry, Medical Directorate, General Headquarters (GHQ); and
(v) Seven
eminent psychiatrists of at least ten years good standing.
(4) The
Chairperson and the members of the Authority, other than ex-officio members,
shall be appointed on such terms and conditions as may be determined by the
Federal Government.
(5) The
Chairperson and the members of the Authority shall be appointed for a tenure of
fours years. The Chairperson and a member may resign from his office in writing
addressed to the Secretary, Ministry of Health, Government of Pakistan.
(6) The
Chairperson or a member of the Authority may be removed from his office by the
Federal 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.
(7) The
Authority established under sub-section (1) shall carry out the following functions.---
(a)
advise the Government on all matters relating to promotion of mental health and
prevention of mental disorder;
(b)
develop and establish new national standards for care and treatment of patients;
(c)
recommend measures to improve existing mental health services and setting up of
child and adolescence, 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;
(e)
prescribe a code of practice to be implemented for achieving the purposes and
objects of this Ordinance as well as to be followed by all the mental health
personnel involved with the care of patients under this Ordinance;
(f) provide
for regular review by the Board of Visitors to ensure that the provisions of
this Ordinance for assessment and treatment are being properly carried out,
whether or not requested by any individual, patient or his relative;
(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)
discharge such other functions with respect to matters relating to mental
health as the Government may require;
(k)
register psychiatrists for the purposes of this Ordinance, in such manner as
may be prescribed; and
(l)
arrange and organize such courses and training programs as may be necessary for
carrying out the purposes and objects of this Ordinance.
(8) The
Authority may, by notification in the official gazette, make regulations in respect
of functions specified in subsection (7).
4.
Constitution of Board of Visitors: - (1) The Authority shall, in consultation with the Government
concerned, establish Boards of Visitors for carrying out the purposes of this Ordinance
as hereinafter provided.
(2) There
shall be a Board of Visitors at the provincial level which shall consist of:---
(a) A
Chairperson who is or has been a Judge of the High Court;
(b) two
psychiatrists, one having a minimum experience of ten years in Government
service;
(c) one
prominent citizen of good standing;
(d) two
medical practitioners of repute with a minimum standing of twelve years, one of
whom shall be a nominee of Pakistan Medical and Dental Council; and
(e)
Director General Health Services of the Province, or his nominee.
(3) The
Chairperson and members of the Board shall be appointed for a tenure of two
years.
(4) No
member shall be deputed to perform any duty as a visitor to a psychiatric facility
wherein he has a direct or indirect conflict of interest.
5.
Powers and functions of the Board.- (1) The Board may, at any time, enter and inspect any
psychiatric facility within its area of responsibility and require the
production of any records and documents for inspection to ensure that they are
in proper order.
(2) The
Board shall periodically inspect every part of a psychiatric facility and examine
as far as possible every patient and mentally disordered prisoner. The Board
shall inspect records and documents relating to the patients and mentally
disordered prisoners since last visitation by the Board.
(3) The
Board may make recommendations to a psychiatric facility, the Authority and the
Government, concerning improvement of conditions of such facility.
(4) The
Authority may order the Board to visit any patient in case it appears necessary
for the purpose of investigating any particular matter, or matters related to
the capacity of the patient to manage his property and affairs, or otherwise,
relating to the exercise of its functions. In compliance of this order, the
Board may visit the facility or nominate a sub-committee of not less than two
members:---
(a) the
Board or the sub-committee, making a visit under this sub-section shall make
such report on the visit as the Authority may order;
(b) the
Board or the sub-committee, making a visit under this sub-section may interview
and examine a patient in private and may require the production of and inspect
any documents and/or medical records relating to the patient;
(c) where
the sub-committee visits a facility it shall report to the Board and the Board
shall make its final report to the Authority; and
(d) where
the Board or a sub-committee is to visit a mentally disordered prisoner, it
shall also include the Inspector General of Prisons, or his nominee.
(5) Where
the Board is satisfied that any patient in a psychiatric facility is not receiving
proper care or treatment, it may report the matter to the Authority which may
issue such directions as it may deem fit to the medical practitioner, or
psychiatrist in charge of the psychiatric facility, as the case may be, who
shall be bound to comply with such directions.
(6) The
Board shall enter remarks in a register to be kept for that purpose in regard to
the management and condition of a psychiatric facility and the inmates therein.
(7) Any
information obtained by any member of the Board in the course of his duties or
which comes to the knowledge otherwise, shall not be disclosed except to the authorized
person(s).
6.
Establishment of psychiatric facilities by the Government: - (1) The Federal Government may in
any part of Pakistan, or the Provincial Government may within the limits of a Province,
establish or maintain psychiatric facilities for the assessment, admission,
treatment, rehabilitation, care and after care of mentally disordered patients
at such places, as it deems fit.
(2) The
psychiatric facilities established under sub-section (1) may organize or
maintain separate units 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
which may be within the premises of the psychiatric facility for people who are
not mentally disordered but have drug dependence or patients with drug induced
behavioural changes.
CHAPTER
III
ASSESSMENT
AND TREATMENT
7.
Care in the Community:
- (1) Community based mental health services shall be set up for providing
mentally disordered persons, 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.
8.
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 is referred
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 the patient 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 Ordinance.
9.
Duration for periods of detention for assessment, treatment, urgent admission and
emergency holding.- For
the purposes of this Ordinance, there are four types of detention of a patient,
namely; (1) admission for assessment, (2) admission for treatment, (3) urgent
admission, and (4) emergency holding. 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 28 days from
the date of application made under section 10;
(b) The
period of detention for the purposes of treatment shall be up to six months
from the date of application made under section 11, 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 72
hours from the time of application made under section 12; 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 24 hours from the time of
application made under section 13.
10.
Admission for assessment.- (1) A patient may be admitted to a Psychiatric Facility and detained
there for the period allowed by subsection (4) in pursuance of an application
made in accordance with subsections (2) and (3).
(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 the
detention of the patient in a psychiatric facility for assessment (or for
assessment followed by initial treatment) for at least a limited period; and
(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 recommendations
in the prescribed form of two medical practitioners, one of whom should be a medical
officer and one should 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 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 Ordinance.
(5) Where
a psychiatrist deems it fit he may discharge the patient from detention and
advise the patient to continue treatment on voluntary basis.
(6) The
patient, his relative or guardian shall have the right of filing only one appeal
against the order of detention under this section to a Court of Protection
within a period of 14 days from the day on which the application was made. The
decision of the Court of Protection shall be final for the period of detention
under this section.
11.
Admission for treatment.- (1) A patient may be admitted to a psychiatric facility and detained
there for the period allowed by the following provisions, in pursuance of an
application made in accordance with this section.
(2) An
application for admission for treatment may be made in respect of a patient on the
grounds that,---
(a) he is
suffering from mental illness, severe mental impairment, severe personality
disorder or mental impairment and his mental disorder is of a nature or degree
which makes it appropriate for him to receive medical treatment in a
psychiatric facility; and
(b) it is
necessary for the health or safety of the patient or for the protection of
other persons that he should receive such treatment and it cannot be provided
unless he is admitted under this section.
(3) An
application for admission for treatment shall be founded 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 that subsection; and
(b) a
statement of the reason for that opinion so far as it relates to the conditions
set out in clause (b) of that sub-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 in pursuance of an application under
this section may be detained in a psychiatric facility, for a period not
exceeding six months allowed by clause (b) of section 9 but shall not be so
detained or kept for any longer period unless the authority for his detention
is renewed under this section,---
(a) the
authority for detention of a patient may, unless the patient has previously
been discharged, be renewed from the expiration of the period of six months
referred to in sub-section above, for a further period of six months;
(b) from
the expiration of any period of renewal under clause (a) above, for a further
period of one year, if necessary and so on for periods of one year at a time.
(5) The
patient, his relative or guardian may file an appeal against the order of detention
under this section to a Court of Protection:---
Provided
that only one appeal shall lie during the subsistence of each period of detention.
12.
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 in
accordance with the following provisions,---
(i) an
urgent application may be made either by a relative of the patient 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 under this section
and that compliance with the provisions relating to an application for treatment,
under section 11 would involve undesirable delay;
(ii) 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 sub-clause (i) above;
(iii) an
urgent application shall cease to have effect after 72 hours from the time when
the patient is admitted under this section to the psychiatric facility
unless,---
(a) the
second medical recommendation required by section 11 above is given and
received by the psychiatrist in-charge of the facility within the said period
of 72 hours; and
(b) that
such recommendation and the recommendation referred to in sub-clause (ii) above
together comply with all the requirements as contained in section 17.
13.
Emergency Holding.- If
in the case of a patient who is receiving treatment for mental disorder as an
inpatient in a psychiatric facility who wishes or attempts to leave and it
appears to a medical officer,---
(i) that
the patient is suffering from mental disorder to such a degree that it is necessary
for his health or safety or for the protection of others, for him to be prevented
from leaving the facility, and
(ii) that
it is not practicable to secure the immediate attendance of the psychiatrist in
charge or his nominated medical officer for the purpose of furnishing a medical
recommendation the medical officer shall record that fact in writing and in
that event the patient may be detained in the hospital for a period of 24 hours
from the time when the fact is so recorded or until the earlier arrival of the
psychiatrist in charge or his nominated medical officer.
14. Emergency
Powers.- Where in case of an emergency a medical practitioner is unable to
obtain informed consent in writing, he may administer treatment,
notwithstanding the provisions of section 51, that in his professional opinion,
is necessary for:---
(i)
saving the patient’s life; or
(ii)
preventing serious deterioration of his condition; or
(iii)
alleviating serious suffering by the patient; or
(iv)
preventing the patient from behaving violently or being a danger to himself or
to others.
15.
Application by whom to be presented.- (1) Subject to the provisions of subsection (3) the
application on a prescribed form shall be presented by the husband or wife of
the patient or, if there is no husband or wife or the husband or wife is
prevented by reason of mental disorder, absence from Pakistan or otherwise from
making the presentation, by the nearest relative of the patient.
(2) If
the application is not presented by the husband or wife, or, where there is no
husband or wife, by the nearest relative of the patient, the application shall
contain a statement of the reasons why it is not so presented, by the husband,
wife or the nearest relative and of the connection of the applicant 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 days before the presentation of the application,
personally seen the said patient.
(4) The
application shall be signed and verified by the applicant, and the statement of
prescribed particulars by the person making such statement.
16.
Effect of application for admission.- (1) An application for the admission of a patient to a
psychiatric facility under this Ordinance, duly completed in accordance with
the section under which he is being admitted, shall be sufficient authority for
the applicant or any person authorized by the applicant, to take the patient
and convey him to a psychiatric facility at any time within the following
periods, that is to say,---
(a) in
the case of an application made other than an emergency application within the
period of 14 days beginning with the date from which the patient was last
examined by an approved Psychiatrist or medical officer, as the case may be,
before giving a medical recommendation for the purposes of the application;
(b) in
the case of an emergency application, under section 12, the period of 24 hours
beginning at the time when the patient was examined by an approved psychiatrist
or his nominated medical officer giving the medical recommendation which is
referred to in section 11 above, 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 sections10, 11 or 12, as the
case may be, the application shall be sufficient authority for the hospital
management to detain the patient in the said facility in accordance with the
provisions of this Ordinance.
(3) Any
application for the admission of a patient under sections 10, 11 or 12, 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 Ordinance by
virtue of which he was detained in a psychiatric facility shall cease to have
effect.
17.
General provisions as to applications and medical recommendations.- (1) General provisions as to
applications:---
(a)
subject to provisions of this section, an application for admission for assessment
or for treatment may be made either by the nearest relative of the patient, by
an approved psychiatrist or nominated medical officer; and every such
application shall specify the qualification of the applicant 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 person (if any) appearing to be the nearest relative
of the patient, that the application is to be or has been made;
(d) none
of the applications mentioned in sub-section (1) above shall be made by any
person in respect of a patient unless that person has personally seen the
patient within the period of 14 days ending with the date of application;
(e) any
recommendation given for the purposes of an application for admission for
treatment, may describe the patient as suffering from more than one form of
mental disorder, namely, severe mental impairment, severe personality disorder,
mental impairment, 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 mentioned in subsection (1) above shall be sufficient if
the recommendations on which it is founded are given either as separate
recommendations, or as a joint recommendation signed by the medical officer and
a psychiatrist.
(2)
General provisions as to medical recommendations:---
(a) where
recommendations are required for the purposes of an application under this
Ordinance, they shall be signed on or before the date of the application, and
shall be given by a medical officer or an approved psychiatrist who have
examined the patient either together or separately, but where they have examined
the patient separately not more than five days must have elapsed between the days
on which those separate examinations took place;
(b) Of
the medical recommendations given for the purposes 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 officer
who has such previous acquaintance.
18.
Rectification of applications and recommendations.- (1) If within the period of 14 days
beginning with the day on which application was made in respect of the patient
to be admitted to a psychiatric facility for assessment or for treatment the
application or any medical recommendation given for the purposes of the
application, is found to in any respect incorrect or defective, the recommendation
or application may, within that period and with the consent of the management
of the psychiatric facility, 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 sub-section (1) above, if within the period mentioned in that
sub-section it appears to the management of the psychiatric facility that one
of the two medical recommendations on which the application for admission of a
patient is founded is insufficient to warrant the detention of the patient in
pursuance of the application, they may, within that period, give notice in
writing to that effect to the applicant; and where any such notice is given in
respect of a medical recommendation, that recommendation shall be disregarded,
but the application shall be, deemed always to have been, sufficient if,---
(a) a
fresh recommendation complying with the relevant provisions of this Ordinance
(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 founded, together comply with those provisions.
(3) Where
the medical recommendations upon which an application for admission is founded
are, taken together, insufficient to warrant the detention of the patient in pursuance
of the application, notice under subsection (2) above may be given in respect
of either of those recommendations; but this subsection shall not apply in a
case where the application is of no effect by virtue of clause (e) of
sub-section (1) of section 17 above.
(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 72
hours referred to in clause (iii) of section 12 above unless the conditions set
out in clauses (a) and (b) of that section are complied with or would be
complied with apart from any error or defect to which this applies.
19.
Mentally disordered persons 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, remove that person to a place of safety, which means only a
Government run health facility, a government run psychiatric facility, or hand
him over to any suitable relative who is willing to temporarily receive the
patient.
(2) A
person removed to a place of safety under this section may be detained there
for a period not exceeding 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 or care.
CHAPTER
IV
LEAVE
AND DISCHARGE
20.
Order of leave. - (1)
An application in the prescribed form, for leave of absence in regard to any
mentally disordered person (not being a mentally disordered prisoner) who is
formally admitted in any psychiatric facility may be made to the psychiatrist
in charge of the facility, by a relative who is desirous of taking care and
custody of such mentally disordered person for a specified period, requesting
that he may be allowed on his application to take care and custody of such a patient
and subject to the assessment by a psychiatrist, in charge of the said
facility, who may allow or deny 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 ill patient;
(b) to
prevent the mentally ill patient from causing injury to himself or to others;
and
(c) to
bring back the mentally ill patient to the said 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 to the mentally ill person for such period as he may
deem necessary and subject to such conditions as may, in the interests of the
personal safety of the mentally ill patient or for the protection of others, be
specified in the order.
(4) In
case a patient is not returned by the relative after a specified period of leave,
the said psychiatrist shall report to the magistrate, in whose jurisdiction the
psychiatric facility is situated, and the referring authority and the
Magistrate if satisfied, may direct the police to recover and return the said
patient to the psychiatric facility.
(5) 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
that is it necessary to do so in the interest of the patients’ safety or for
the protection of other persons, he may by notice in writing given to the
patient or to the person for the time being in-charge of the patient, revoke
the leave of absence and recall the patient to the psychiatric facility.
(6) If
after the passage of reasonable time after the notice as given under subsection
(5) above, the patient does not return or is not returned, then the
psychiatrist may report to the Magistrate and the referring authority of the
reasons of revoking the leave of absence.
(7) If
the Magistrate is satisfied with the report of the psychiatrist and the reasons
as mentioned in this section, he may direct the police to locate and produce
the patient before him on a specified date and the Magistrate after hearing the
patient, the person in charge and the concerned psychiatrist or their
representatives, 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.
(8) Without
prejudice to what has been stated above in this section, the period of detention
under provisions of section 10 or 11 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 under this section
shall not be recalled, after he has ceased to be liable to be detained for the
periods specified under section 10 or 11, unless he is absent, at the
expiration of period specified under the above referred sections, without leave
from the psychiatric facility.
21.
Discharge of a patient.- (1)The psychiatrist in-charge of the treatment of a patient, may by
order in writing, direct discharge of the patient at any time he deems it
appropriate.
(2) Where
any order of discharge is made under sub-section (1), in respect of a person
who has been admitted or is undergoing treatment as a patient in pursuance of
an order of a referring authority, a copy of such order shall be immediately
forwarded to that authority by the psychiatrist in charge.
(3) Any
person admitted in a psychiatric facility under an order made in pursuance of
an application made under this Ordinance, may be discharged on an application
made to the psychiatrist in charge:---
Provided
that no patient shall be discharged under this section if the psychiatrist in charge
certifies in writing that the patient is unfit to be discharged for reasons of
his own health and safety or the safety of others.
22.
Application by a patient for discharge.- (1) Any patient, not being a mentally disordered
prisoner, who feels that he has recovered from his mental disorder, may make an
application to the Magistrate for his discharge from the psychiatric facility.
(2) The
Magistrate may after making such inquiry as he may deem fit, pass an order
discharging the person or dismiss the application:---
Provided
that no subsequent application for discharge shall be made by the patient during
the said period of detention.
23.
Discharge of a detained person found not to be mentally disordered after assessment.- If any person admitted in a
psychiatric facility is subsequently found not to be mentally disordered and is
capable of taking care of himself and managing his affairs, an approved psychiatrist,
of the said facility shall forthwith, discharge such person from the
psychiatric facility and notify the fact to the referring authority and the
nearest relative.
24.
Duty of hospital management to inform relatives of the discharge.- Where a patient detained under
this Ordinance in a psychiatric facility is to be discharged, the management of
the psychiatric facility shall take such steps as are practicable to inform the
relative (if any), of the patient and or the applicant (if any), and or any
suitable person who is willing to accept the responsibility to take care and
custody of the said patient; and that information shall, if practicable, be given
at least seven days before the date of discharge.
25.
Application for discharge to Magistrate.- Where any patient is admitted under section 10 or 11,
his relatives may apply to the Magistrate within the local limits of whose
jurisdiction the psychiatric facility is situated for his discharge and the
Magistrate may, in consultation with psychiatrist in charge of the treatment,
after giving notice to the person at whose instance he was admitted and after
making such inquiry as he may deem fit, either allow or dismiss the
application:---
Provided
that no subsequent application for discharge shall be made during the said period
of detention.
26.
Notice about serious illness or death.- If a patient becomes seriously ill or dies, that fact shall
be notified to his nearest relatives, if known or on whose application the
patient was admitted and also to the authority by whom the patient was referred
to the psychiatric facility.
27.
Transfer and removal.-
Transfer and removal of patient placed in a psychiatric facility to another
such facility in the same Province or some other Province shall be carried out
in accordance with any general or special order of the Provincial Government
with the consent of the other Provincial Government, provided that a notice of
such intended transfer or removal has been given to the applicant.
28.
Foreign nationals.- (1)
When an arrangement has been made with any foreign state with respect to the
placement of a patient, the Federal Government may issue a notification under
this Ordinance directing the Provincial Government concerned within which such
order may be made.
(2) On
publication of a notification under sub-section (1), the agent of the foreign
state in which the alleged mentally disordered person ordinarily resides may
make an application for an order to the Provincial Government concerned.
(3) The
functions of the Magistrate shall be performed by such officer as the Provincial
Government may by general or special order appoint in this behalf, and such
officer shall be deemed to be the Magistrate having jurisdiction over the
alleged mentally disordered person for the purposes of this section.
(4) The
Provincial Government may specify approved psychiatrists for the purposes of
this section.
CHAPTER
V
JUDICIAL
PROCEEDINGS FOR APPOINTMENT OF GUARDIAN OF PERSON AND MANAGER OF THE PROPERTY
OF THE MENTALLY DISORDERED
29.
Judicial proceedings.- Whenever any person is possessed of property and is alleged to be
mentally disordered, the Court of Protection, 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 concerned,
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.
30.
Regulation of proceedings of the Court of Protection.- (1) The following provisions shall
regulate the proceedings of the Court of Protection 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;
(b) if it
appears that personal service on the alleged mentally disordered person would
be ineffectual, the Court may direct such substituted service of notice as it
thinks fit;
(c) the
Court may also direct copy of such notice to be served upon any relative of the
alleged mentally disordered person and upon any other person to whom in the
opinion of the Court notice of the application should be given;
(d) 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 mentally disordered
person;
(e) the
Court may likewise make an order authorising any person or persons therein
named to have access to the alleged mentally disordered person for the purpose
of personal examination; and
(f) the attendance and examination of
the alleged mentally disordered person under the provisions of clause (d) and
clause (e) shall, if the alleged mentally disordered person be a woman who, according
to customs of the country, ought not to be compelled to appear in public, be
regulated by the law and 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 alleged
mentally disordered 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 interests of such
person.
31.
Inquiry by subordinate Court on commission issued by the Court of Protection and
proceedings thereon.-
(1) If the alleged mentally disordered person resides at a distance of more
than fifty miles from the place where the Court is held 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 subordinate court shall transmit the record of its
proceedings with the opinion of the assessor, if any have been appointed, and
its own opinion on the case; and the Court shall thereupon proceed to dispose
the application in the manner provided in sub-section (3) of section 30:---
Provided
that the Court may direct the subordinate court to make such further or other
inquiry as it thinks fit before disposing of the application.
32.
Appointment of guardian.- 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.
33.
Management of property of 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
person, who is a legal heir of a mentally disordered person, shall be appointed
under section 32 to be the guardian of such a person or the manager of his
property, as the case may be, unless the Court for reasons to be recorded in
writing considers that such appointment is for the benefit of the mentally
disordered person.
(3) The
guardian of a mentally disordered person and the manager of his property
appointed under this Ordinance shall be paid, from out of the property of the
mentally disordered person, such allowance as the Court may determine.
34.
Responsibility of manager.- A person appointed as a manager of the property of a, under this
Ordinance, shall be responsible for the care, cost of treatment and maintenance
of the mentally disordered person and of such member(s) of his family as are
dependent on him.
35.
Allowance payable to guardian.- The manager of the property of the patient shall pay to the
guardian of the patient such allowances as may be fixed by the Court for the
care and maintenance of the patient and of such members of his family as are
dependent on him.
36.
Powers of manager of property of mentally disordered person.- (1) Every manager appointed under
this Ordinance shall, subject to the provisions of this Ordinance, 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 would have exercised as owner of the property, had
he not been mentally disordered and shall realize all claims due to the estate
of the mentally disordered person and pay all debts and discharge all
liabilities legally due from that estate 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 so appointed 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.
(2) The
permission under proviso to sub-section (1) may be granted subject to such
conditions or restrictions as the Court may think fit to impose.
(3) The
Court shall cause notice of every application for permission to be served on
any relative or friend of the mentally disordered person and after considering
objections, if any, received from the relatives or friends and after making such
inquiries as it may deem necessary, grant or refuse permission having regards
to the interest of the mentally disordered person.
37.
Furnishing of inventory of immovable property, etc.– (1) Every manager appointed under
this Ordinance 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 behalf of the mentally disordered person, together with a statement
of all claims due on and all debts and liabilities due by such a person.
(2) All
transactions under this Ordinance shall be made through a bank authorized by
the Court.
(3) Every
such manager 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 of a mentally disordered person impugns, by a petition to the Court,
the accuracy of the inventory or statement referred to in sub-section (1) or as
the case may be, 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 of a mentally disordered person may, with the leave of the Court, sue
for an account from any manager appointed under this Ordinance 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.
38.
Inquiry by Court of Protection 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 appointed under this Ordinance 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.
39.
Disposal of business premises under the direction of Court of Protection.- Where a mentally disordered
person had been engaged in business before he became mentally disordered the
Court may, if it appears to be in the best interest of such a person, after
proper hearing notices have been issued to dependants, relatives for hearing to
dispose of his business premises, direct the manager appointed under this
Ordinance 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 the manager shall be bound to act accordingly.
40.
Investment of assets of mentally disordered person.- All sums received by a manager on
account of any estate 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 estate, and shall be
invested, from time to time, through state owned investment agencies, in the
interest of the mentally disordered person.
41.
Appointment of a new manager or guardian.- (1) The 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 manager in his place.
(2) Any
manager removed under sub-section (1) shall be bound to deliver the charge of
all property of such a person to the new manager, and to account for all monies
received or disbursed by him.
(3) The
guardian of the person 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
in his place.
42.
Dissolution of partnership.- (1) Where a person, being a member of a partnership firm, is
found to be mentally disordered, 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
appointed under this Ordinance 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 detained in the foregoing provisions, the Court may,
instead of appointing a manager of the estate, 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.
43.
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 in the manager
dies in the estate or himself becomes mentally disordered, 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 days after being required by the Court to do so, then
the Court may direct the company or government concerned 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
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.
44.
Maintenance during temporary mental disorder.- If it appears to the Court that the mental
illness of a mentally disordered 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.
45.
Inquiry by Court of Protection into cessation of mental disorder.- (1) Where the Court has reason to
believe that any person who was found to be mentally disordered has ceased to be
mentally disordered, it may direct any court subordinate to it to inquire
whether such person has ceased to be mentally disordered.
(2) An
inquiry under sub-section (1) shall, so far as may be, conducted under this
Ordinance.
(3) If
after an inquiry under this section, it is found that the mental disorder of a person
has ceased, the Court shall order all actions taken in respect of such person
under this Ordinance to be set aside on such terms and conditions as that Court
thinks fit to impose.
(4)
Without prejudice to the generality powers given above, the court shall have powers
to make such orders and give such directions as the Court thinks fit, for the
betterment of such a person.
46.
Appeal to High Court. - An appeal shall lie to the High Court from an order made by a Court of
Protection under this Chapter, within a period of sixty days from the date of
order of the said Court.
CHAPTER
VI
LIABILITY
TO MEET COST OF MAINTENANCE OF MENTALLY DISORDERED PERSON ADMITTED IN A
PSYCHIATRIC FACILITY
47.
Liability to meet cost of maintenance of a patient admitted in a psychiatric facility.-
(1) The cost of
maintenance of a patient 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
of Protection under this Ordinance.
(2)
Person holding public office or a public servant who is paid by the 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) In case
of defence personnel, the paymaster of the military circle within which any
psychiatric facility is situated shall pay to the officer in charge of such
facility the cost of maintenance of such a mentally disordered person received
and detained therein under this Ordinance.
(4) 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 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.
(5)
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.
48.
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 the Government and the person to
whom the sum is payable if certified by a Magistrate under this Ordinance to be
a mentally disordered person, the officer under whose authority such sum would
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
sub-section (1) after making payments as provided in that sub-section, the
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 of Protection 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
49.
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 Ordinance.
50. Confidentiality.- No patient shall be publicized nor
his identity disclosed to the public through press or media unless such person
chooses to publicise his own condition.
51.
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 patient or if the patient is a minor, his nearest
relative or a guardian, as the case may be.
(2) Where
the consent of a patient to any form of investigation(s) and or treatment(s)
has been given the patient 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) above to any treatment given
under the plan of treatment to which a patient or if the patient 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
52.
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 Ordinance, with an
intent to get someone to be detained for assessment or for treatment of
mentally disordered; 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
Ordinance.
(2) Any
person employed in a psychiatric facility, who strikes, ill-treats, maltreat or
willfully neglects any patient confined in such psychiatric facility or
willfully violates or neglects any of the provisions of this Ordinance shall be
guilty of an offence.
(3) Any
manager of estate of a patient who willfully neglects or refuses 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-section (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 Rs50,000 or with both.
(6) Any
person who contravenes any of the provisions of this Ordinance or of any rule
or regulation made thereunder, for the contravention of which no penalty is
expressly provided in this Ordinance, 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.
53.
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 Ordinance or the rules made thereunder.
(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 Ordinance or the rules or orders made
thereunder.
CHAPTER
IX
INSPECTION
OF MENTALLY DISORDERED PRISONERS
54.
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 Board of
Visitors or any two members of such Board, 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 Board or any two members
of such Board, 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 Board of Visitors or
any two members of such Board, 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
55.
Forensic psychiatric services.- (1) Special security forensic psychiatric facilities shall
be developed by the Government to house mentally disordered prisoners, mentally
disordered offenders, 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
Board of Visitors shall have an access to such persons admitted in forensic
psychiatric facility in accordance with the provisions of this Ordinance.
CHAPTER
XI
MISCELLANEOUS
56.
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 in charge of the treatment 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, in charge of the
patient, 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
neurophysician, a physician, two approved psychiatrists and a clinical
psychologist.
57.
Provisions for public and private sector psychiatric facilities.- The provisions of this Ordinance
shall apply to all psychiatric facilities whether in public and or private
sector.
58.
Removal of difficulties.- If any difficulty arises in giving effect to any of the provisions of
this Ordinance, the President may make such order, not inconsistent with the
provision of this Ordinance, as may appear to him to be necessary for the
purpose of removing the difficulty:---
Provided
that no such power shall be exercised after the expiry of two years from the coming
into force of this Ordinance.
59.
Power to make rules.- (1) The Federal Government may, in consultation with the Provincial
Governments, by notification in the official Gazette, make rules for carrying
out the purposes of this Ordinance.
(2)
Without prejudice to the generality of the foregoing power, the rules may provide
for all or any of the following matters, namely:---
(a) to
prescribe forms for any proceedings under this Ordinance;
(b) to
prescribe places of admission, places of safety and regulation of treatment of
mentally disordered persons;
(c) to regulate
the admission, care and treatment of under trial persons or convicted
prisoners;
(d) to
regulate the management of a mental health facility; and
(e) to
prescribe conditions subject to which a psychiatric facility may be licensed.
60.
Ordinance to override.- The provisions of this Ordinance shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being
in force.
61.
Repeal and saving.- (1)
The Lunacy Act, 1912 (IV of 1912), is hereby repealed.
(2)
Notwithstanding the repeal of Lunacy Act, 1912 (IV of 1912), hereinafter referred
to as the repealed Act,---
(a) all
orders made, acts done and powers exercised under the repealed Act shall be
deemed to have been validly made, done and exercised and deemed always to have
had effect accordingly; and
(b)
nothing contained in this Ordinance shall be deemed to apply to proceedings,
suits or appeals and applications pending under the repealed Act before any
court immediately before the commencement of this Ordinance and such
proceedings, suits, appeals and applications shall continue to be heard and
disposed of in accordance with the provisions of the repealed Act.
MUHAMMAD
RAFIQ TARAR
PRESIDENT
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