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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 - VIII OFFENCES AND INDEMNITY 52. Penalty for making false statement, etc.---(1) Any person who willfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorized to be made for any of the purposes of this Act, with an intent to get someone to be detained for assessment or for treatment of mentally disordered; or with intent to deceive, makes use of any such entry or statement which he knows to be false, shall be guilty of an offence under this Act. (2) (a) Any person employed by or on the staff of a psychiatric facility, who strikes, ill-treats, mal-treats or willfully neglects any patient for the time being receiving treatment for mental disorder as an- i. In-patient; or ii. Out-patient; or iii. Who is for the time being subject to charge, control or supervision of a person under this Act or otherwise in custody or care (whether by virtue of any legal or moral obligation or otherwise). (b) willfully violates or neglects any of the provisions of this Act shall be guilty of an offence. (3) Any manager of estate of a patient who willfully neglects or refuses to deliver his accounts or any property in his possession within the time fixed by the Court shall be guilty of an offence. (4) Without prejudice to criminal prosecution under any other law for the time being in force, whoever is guilty of an offence under subsection (1), (2) or (3), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees, or with both. (5) Any person who carries out any form of inhumane treatment, on a mentally disordered person which includes: trepanning, branding, scalding, beating, exorcising, chaining to a tree etc. of any such person or subjecting a child to the cultural practice of rendering him mentally retarded, by inducing microcephaly, or subjecting any such person to physical, emotional or sexual abuse, shall be guilty of an offence, punishable with rigorous imprisonment which may extend to five years or with fine extending up to Rs. 50,000 or with both. (6) Any person who contravenes any of the provisions of this Act or of any rule or regulation made there under, for the contravention of which no penalty is expressly provided in this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.