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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 - V JUDICIAL PROCEEDINGS FOR APPOINTMENT OF GUARDIAN OF PERSON AND MANAGER OF THE PROPERTY OF THE MENTALLY DISORDERED 36. Powers of manager of property of mentally disordered person.---(1) Every manager appointed under this Act shall, subject to the provisions of this Act, 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 subsection (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.