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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 - VI LIABILITY TO MEET COST OF MAINTENANCE OF MENTALLY DISORDERED PERSON ADMITTED IN A PSYCHIATRIC FACILITY 48. Maintenance out of pay, pension, etc.---(1) Where any sum is payable in respect of pay, pension, gratuity or any allowance to any person by the Government and the person to whom the sum is payable if certified by a Magistrate under this Act to be a mentally disordered person, the officer under whose authority such sum would be payable, may pay to the person having charge of the mentally disordered person so much of the said sum, as he thinks fit, having regard to the cost of maintenance of such person and may pay to such members of the family of the mentally disordered person as are dependent on him for maintenance, the surplus, if any, or such part thereof, as he thinks fit, having regard to the expenses of maintenance of such member. (2) Where there is any further surplus amount available out of the funds specified subsection (1) after making payments as provided in that subsection, the Government shall hold the same to be dealt with as follows, namely:-- (a) where a mentally disordered person is certified to have ceased to be mentally disordered by the Court of Protection within the local limits of whose jurisdiction such person resides or is admitted, the whole of the surplus amount shall be paid back to that person; (b) where a mentally disordered person dies before payment, the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same; and (c) where a mentally disordered person dies during his mental disorder without leaving any person legally entitled to succeed to his estate, the whole of the surplus amount shall be paid into the State Treasury.