5
Powers and functions of the Board
Act: Balochistan Mental Health Act 2019
Section Provisions
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 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(s), making a visit under this subsection shall make such report on the visit as the Authority may order; (b) the Board or the sub-committee(s), making a visit under this subsection 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(s) 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 the sub-committee(s) 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).