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ACT IX OF 2019 ACT IX OF 2019 BALOCHISTAN MENTAL HEALTH ACT, 2019 An Act to consolidate, alter and amend the law relating to the mentally disordered persons in Balochistan, with respect to their care, treatment and management of their property and other related matters [Gazette of Balochistan Extraordinary, 25th October, 2019] No. PAB/Legis; V (04)/2019, dated 25.10.2019.---The Balochistan Mental Bill No. 04 of 2019 having been passed by the Provincial Assembly of Balochistan on 12th October, 2019 and assented to by the Governor Balochistan, on 24th October, 2019 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.---WHEREAS, it is expedient to consolidate, alter and amend the law relating to the treatment and care of mentally disordered persons in Balochistan, 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 in pursuance of the eighteenth amendment to the Constitution of the Islamic Republic of Pakistan, 1973, the subject matter has been devolved to the provinces, therefore; It is hereby enacted as follows:- CHAPTER - II ESTABLISHMENT OF BALOCHISTAN MENTAL HEALTH AUTHORITY 3. Balochistan Mental Health Authority.---(1) For the purposes of this Act, the Government shall constitute, by notification in the official Gazette, the Balochistan Mental Health Authority within a period of six months. (2) The Authority shall consist of a Chairperson and not more than nine members to be appointed by the Government. (3) The members of the Authority shall be as follows- (a) Secretary to the Government, Health Department, who shall also be the chairperson of the authority; (b) Senior Consultant Psychiatrist, Balochistan Institute of Psychiatry and Behavioral Sciences; (c) three eminent psychiatrists (at least one female) and two eminent clinical psychologists (one male and one female) of at least ten years' standing; (d) Director General, Health Service Balochistan, or his nominee not below the rank of a Director (B-19); and (e) Executive Director, Balochistan Institute of Psychiatry and Behavioral Sciences, who shall also act as secretary for meetings of the Authority; and (f) The Authority may co-opt the services of other ex-officio members as it may deem necessary. (4) The non-official members of the Authority shall be appointed on such terms and conditions as may be notified by the Government through official gazette. (5) The non-official members of the Authority shall be appointed for tenure of four years. The member may resign from his office in writing addressed to the Government. (6) The non-official members 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 subsection (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 establish new and to improve the existing mental health services and setting up of child and adolescence, psychogeriatric, forensic, learning disability, substance misuse 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 Act as well as to be followed by all the mental health personnel involved with the care of patients under this Act; (f) provide for regular review by the Board of Inspection to ensure that the provisions of this Act for assessment and treatment are being properly carried out, whether or not requested by any individual, patient or his relative; (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) constitute committees consisting of such expertise of the field that may look into the matter referred by the Authority and advice/recommend its suggestions in relation to the functions of the authority, for promotion of mental health, care and prevention of mental disorder etc.; (l) register psychiatrists for the purposes of this Act, in such manner as may be prescribed; (m) arrange and organize such courses and training programs as may be necessary for carrying out the purposes and objects of this Act; (n) arrange, organize and implement Balochistan Mental Health Policy and to include a separate chapter regarding mental health in the Baluchistan Health Policy, primary health care, programs etc. and (o) develop and establish new infrastructures, develop all level of Human Resource (including sub-specialties) and conduct research in Balochistan. (8) The Authority may, by notification in the official gazette, make regulations in respect of functions specified in subsection (7). (9) (a) The Authority shall hold its meetings at least twice in a year and once in every six months. (b) If the chairperson, for any reason, is unable to attend a meeting of the Authority, the senior-most official member or as decided by the present majority members shall preside over the meeting of the Authority. (10) There shall be established an office of the Authority at Quetta, to provide secretarial support and for other matters necessary in performance of the functions of the Authority. (11) The Secretary of the Authority shall be the administrative head of the office and perform such functions as may be prescribed or assigned to him by the Authority or Government under the Act. (12) The necessary funds for the establishment of the office of the authority, with provision of staff and funds for necessary expenditure on establishment shall be provided in its yearly budget by the Government.