43
Securities, etc. of mentally disordered person
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 - V JUDICIAL PROCEEDINGS FOR APPOINTMENT OF GUARDIAN OF PERSON AND MANAGER OF THE PROPERTY OF THE MENTALLY DISORDERED 43. Securities, etc. of mentally disordered person.---(1) Where any stock or Government securities or any share in a company are standing in the name of, or vested in a mentally disordered person beneficially entitled thereto, or in the manager dies in the estate or himself becomes mentally disordered, or is out of the jurisdiction of the Court, or it is uncertain whether the manager is living or dead, or neglects or refuses to transfer the stock, securities or shares, or to received and pay over thereof the dividends to a new manager appointed in his place, within fourteen days after being required by the Court to do so, then the Court may direct the company or the [Government] to make such transfer, or to transfer the same, and to receive an pay over the dividends in such manner as it may direct. (2) The Court may direct those dividends, the profit of shares, stock and Government securities shall be deposited in the mentally disordered person's bank account. (3) Where any stock or Government securities or shares in a company is or are standing in the name of, or vested in, any person residing out of Pakistan, the Court upon being satisfied that such person has been declared to be mentally disordered and that his personal estate has been vested in a person appointed for the management thereof, according to the law of the place where he is residing may direct the company or [the Government] to make transfer of such stock, securities or shares or of any part thereof, to or into the name of the person so appointed or otherwise, and also to receive and pay over the dividends and proceeds, as the Court thinks fit.