MENTAL HEALTH ORDINANCE 2001
( VIII OF
2001)
[20th
February, 2001]
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 Republic of
Pakistan is pleased to make and promulgate
the following Ordinance: -
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Mental
Health Ordinance, 2001.
(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 3 [Punjab 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;
4[(f) “Government” means Government of the
Punjab;]
(g)
“health facility” means any basic health unit, rural
health centre, Tehsil hospital,
district hospital, teaching hospital and
any private medical facility,
4
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, antipsychotic 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 [2][PUNJAB
MENTAL HEALTH AUTHORITY]
3.
[3][Punjab Mental Health Authority].— (1) For
the purposes of
this Ordinance, the Government
shall constitute, by notification in the official Gazette, the [4][Punjab
Mental Health Authority].
[5][(2) The Authority shall consist of a
Chairperson and not more than ten members to be appointed by the Government.]
9[(3) The
members of the Authority shall be as follows:-
(i)
Secretary to the Government, Health Department;
(ii)
Chief Consultant Psychiatrist, Punjab Institute of
Medical Health, Lahore; and
(iii)
three eminent psychiatrists and two eminent
psychologists of at least ten years’ standing.]
(4)
The
Chairperson and the
members of the
Authority, other than
exofficio members, shall be appointed on such terms and conditions as may be determined by the
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 10[Government].
(6)
The Chairperson
or a member of the Authority may be
removed from his office by the
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
10
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 1 1 [***] establish
Boards of Visitors for carrying out the purposes of this Ordinance as hereinafter
provided.
(2)
There shall be a Board of Visitors 12[***] 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 1 3 [***]
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
11 Omitted by the Punjab Mental
Health (Amendment) Act 2014 (XI of 2014)
12 Omitted by the Punjab Mental
Health (Amendment) Act 2014 (XI of 2014)
13 Omitted by the Punjab Mental
Health (Amendment) Act 2014 (XI of 2014)
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 authorised person(s).
6.
Establishment of psychiatric
facilities by the
Government.— 14[(1) The Government may 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.
14
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 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 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 sub- section (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 1 5 [any
other Province or territory of Pakistan] shall
be carried out in accordance with
any general or special order of the 1 6 [Government with the consent of the
Government of that Province or territory]
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 17[Government
for such placement of the patient].
(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 18[Government].
15 Substituted by the Punjab
Mental Health (Amendment) Act 2014 (XI of 2014)
16 Substituted by the Punjab
Mental Health (Amendment) Act 2014 (XI of 2014)
17 Substituted by the Punjab
Mental Health (Amendment) Act 2014 (XI of 2014)
18 Substituted by the Punjab
Mental Health (Amendment) Act 2014 (XI of 2014)
(3)
The functions of the Magistrate shall be performed
by such officer as the [6][***]
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.
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 [8][Advocate
General Punjab] 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 subordinate 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 subordin ate 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 22[the 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 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 2 3 [the Government] 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.
22 Substituted by the Punjab
Mental Health (Amendment) Act 2014 (XI of 2014)
23 Substituted by the Punjab
Mental Health (Amendment) Act 2014 (XI of 2014)
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 subsection, 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 [9][Government]
may make such order, not inconsistent with the provision of this Ordinance, as
may appear to [10][it]
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.— [11][(1)
The Government may, 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.
[1] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014) 3
Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[2] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[3] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[4] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[5] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014) 9
Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[6]
Omitted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[7]
Omitted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[8] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[9]
Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[10] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
[11] Substituted by the
Punjab Mental Health (Amendment) Act 2014 (XI of 2014)
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