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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 - III ASSESSMENT AND TREATMENT 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 subsection (1) of this section shall be produced by the police or any NGO or Social Welfare Department before the nearest Magistrate within a period of 24 hours of taking him into such protection excluding the time necessary for journey from the place where he was taken into such protection to the Court of the Magistrate and shall not be detained beyond the said period without the authority of the Magistrate. (3) If a person is produced before the Magistrate under this section, and if in his opinion, there are sufficient grounds for proceeding further, the Magistrate shall-- (a) examine the person to assess his capacity to understand; (b) cause him to be examined by a medical officer; and (c) make such inquiries in relation to such person as he may deem necessary. (4) After the completion of the proceeding under subsection (3), the Magistrate may pass a reception order authorizing the detention of the said person as an in-patient in a psychiatric facility. The reception order shall include certification, by the Magistrate, to the effect that such person is mentally disordered and specification that it is necessary to pass such order in the interest of the health and personal safety of that person or for the protection of others: Provided that if any relative or friend of the mentally disordered person desires that the mentally disordered person be sent to any particular psychiatric facility for treatment therein and undertakes in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the mentally disordered person in such psychiatric facility, the Magistrate shall, if the medical officer in charge of such psychiatric facility consent, make a reception order for the admission of the mentally ill person into that hospital and detain there: Provided further that if any relative or friend of the mentally disordered person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking that such mentally disordered person shall be properly taken care of and shall be prevented from causing any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to the care of such relative or friend.