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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 - 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 subsection shall be made by a person who has not attained the age of majority. (2) Every application under subsection (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 subsection (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 dated 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.