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47

Liability to meet cost of maintenance of a patient admitted in a psychiatric facility

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 - VI LIABILITY TO MEET COST OF MAINTENANCE OF MENTALLY DISORDERED PERSON ADMITTED IN A PSYCHIATRIC FACILITY 47. Liability to meet cost of maintenance of a patient admitted in a psychiatric facility.---(1) The cost of maintenance of a patient admitted in a Government owned psychiatric facility shall be borne by the Government: Provided that - (a) the authority which made the order has not taken an undertaking from any person to bear the cost of maintenance of such a person; and (b) there is no provision for bearing the cost of maintenance of such person by the Court of Protection under this Act. (2) Person holding public office or a public servant who is paid by the Government and is mentally disordered shall continue to receive benefit as per entitlement even after he retires voluntarily or on attainment of the age of superannuation or on the basis of medical invalidation. (3) In case of defense personnel, the paymaster of the military circle within which any psychiatric facility is situated shall pay to the officer in charge of such facility the cost of maintenance of such a mentally disordered person received and detained therein under this Act. (4) Where any such person admitted in a psychiatric facility has an estate or where any person legally bound to maintain such person has the means to maintain such person, the Government or local authority liable to bear the cost of maintenance of such a person under any law, for the time being in force, may make an application to the Court within whose jurisdiction the estate of such a person is situated or the person legally bound to maintain the said person and having the means therefore resides, for an order authorizing it to apply his estate towards the cost of maintenance or directing the legally bound person to bear the cost of maintenance. (5) Nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally disordered person from maintaining such a person.