Mental Health Ordinance, 2001

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THE MENTAL HEALTH ORDINANCE 2001 
 
 
 
 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
ESTABLISHHMENT OF FEDERAL MENTAL HEALTH AUTHORITY 
3. Federal Mental Health Authority 
4. Constitution of Board of Visitors 
5. Powers and functions of the Board 
6. Establishment of psychiatric facilities by the Government 
CHAPTER  III 
ASSESSMENT AND TREATMENT 
7. Care in the Community 
8. Care and Treatment on an informal or voluntary basis 
9. Duration for periods of detention for assessment, treatment, urgent admission   and 
emergency holding 
10. Admission for assessment 
11. Admission for treatment 
12. Admission for assessment in cases of urgency 
 

 
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13. Emergency Holding 
14. Emergency Powers 
15. Application by whom to be presented 
16. Effect of application for admission 
17. General provisions as to applications and medical recommendations 
18. Rectification of application and recommendations 
19. Mentally disordered persons found in public Places 
CHAPTER IV 
LEAVE AND DISCHARGE 
20. Order of leave 
21. Discharge of a patient 
22. Application by a patient for discharge 
23. Discharge of a detained person found not to be mentally dis­ordered after assessment 
24. Duty of hospital management to inform relatives of the discharge 
25. Application for discharge to Magistrate 
26. Notice about serious illness or death 
27. Transfer and removal 
28. Foreign nationals 
CHAPTER V 
JUDICIAL PROCEEDINGS FOR APOINTMENT OF GUARDIAN OF PERSON AND 
MANAGER OF THE PROPERTY OF THE MENTALLY DISORDERED 
29. Judicial proceedings 
30. Regulation of proceedings of the Court of Protection 
31. Inquiry by subordinate Court on commission issued by the Court of Protection and 
proceedings thereon 
32. Appointment of guardian 
33. Management of property of mentally disordered person 
34. Responsibility of manager 
35. Allowance payable to guardian 
 
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36. Powers of manager of property of mentally disordered person 
37. Furnishing of inventory of immovable property, etc 
38. Inquiry by Court of Protection in certain cases 
39. Disposal of business premises under the direction of Court of Protection 
40. Investment of assets of mentally disordered person 
41. Appointment of a new manager or guardian 
42. Dissolution of partnership 
43. Securities, etc., of mentally disordered person 
44. Maintenance during temporary mental disorder 
45. Inquiry by Court of Protection into cessation of mental disorder 
46. Appeal to High Court 
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 psychiatric facility 
48. Maintenance out of pay, pension, etc 
CHAPTER VII 
PROTECTION OF HUMAN RIGHTS OF MENTALLY DISORDERED PERSONS 
49. Cases of attempted suicide 
50. Confidentiality 
51. Informed consent 
CHAPTER VIII 
OFFENCES AND INDEMNITY 
52. Penalty for making false statement, etc 
53. Indemnity 
CHAPTER IX 
INSPECTION OF MENTALLY DISORDERED PRISONERS 
54. Inspection of mentally disordered prisoners  
 
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CHAPTER X 
FORENSIC PSYCHIATRIC SERVICES 
55. Forensic psychiatric services 
CHAPTER XI 
MISCELLANEOUS 
56. Specialized Psychiatric Treatments 
57. Provisions for public and private sector psychiatric facilities 
58. Removal of difficulties 
59. Power to make rules 
60. Ordinance to override 
61. Repeal and saving 
 
  
 
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THE MENTAL HEALTH ORDINANCE 2001 
ORDINANCE No. VIII OF 2001 
[20th February, 2001] 
An Ordinance to consolidate and amend the law relating to the mentally disordered persons with 
respect to their care and treatment, the management of their property and other related matters 
WHEREAS it is expedient to consolidate and amend the law relating to the treatment and 
care of mentally disordered persons, to make better provisio ns 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 the National Assembly and the Senate stand suspended in pursuance of the 
Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution 
Order No. l of 1999; 
AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day 
of October, 1999, and the Provisional Constitution Order No. l of 1999, read with the Provisional 
Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that 
behalf, the President of the Islamic  Republic of Pakistan is pleased to make and promulgate the  
following Ordinance__ 
CHAPTER I 
PRELIMINARY 
 1. Short title, extent and commencement.___ (1) This Ordinance may be called the Mental 
Health Ordinance, 2001. 
(2) It extends to the whole of Pakistan. 
 (3) It shall come into force with effect from the 20th day of February, 2001. 
2. Definiti ons.___  (1)  In  this  Ordinance,  unless  there  is  anything repugnant  in  the  
subject  or context,____ 
(a) “approved   psychiatrist” means   a   medical   practitioner   possessing 
a   recognized postgraduate qualification and registered with the 
Pakistan Medical and Dental Council and also approved by the 
Authority; 
 
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(b) “Authority” means the Federal Mental Health Authority constituted 
under section 3; 
(c) “cost of maintenance” in relation to a mentally disordered person, 
includes the cost of lodg ing, maintenance, clothing, medicine and care 
of mentally disordered person and any expenditure incurred in 
removing such mentally disordered person to and from a psychiatric 
facility together with any other charges specified in this behalf by the 
Government; 
(d) “Court of Protection” means a District Court having jurisdiction under 
this Ordinance in matters specified herein and designated as such by 
the Government; 
(e) “Court” means a Court of Protection; 
(f) “Government” means the Federal Government or, a s the case may be, 
the Provincial Government; 
(g) “health facility” means any basic health unit, rural health centre, Tehsil 
hospital, district hospital, teaching hospital and any private medical 
facility, supervised by a medical practitioner; 
(h) “hospital management” means personnel operating and or managing 
any psychiatric facility or a health facility that has provision for indoor 
treatment for the mentally disordered; 
(i) “informed consent” means voluntary and continuing permission of the 
patient or if  the patient is a minor his nearest relative or guardian, as 
the case may be, for assessment or to receive a particular treatment 
based on an adequate knowledge of the purpose, nature, likely effects, 
and risks of that treatment including the likelihood of  its success and 
any alternatives to it and the cost of treatment; 
(j) "Magistrate" means a Judicial Magistrate of the first class specially 
empowered by the Government to perform functions and exercise 
powers of a Magistrate under this Ordinance; 
(k) “medical officer” means a medical graduate serving in a Government 
health facility and registered with the Pakistan Medical and Dental 
Council; 
(l) “medical practitioner” means a medical graduate registered with the 
Pakistan Medical and Dental Council with good standing; 
 
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(m) “mental disorder” means mental illness, including mental impairment, 
severe personality disorder, severe mental impairment and any other 
disorder or disability of mind and "mentally disordered" shall be 
construed accordingly and as explained hereunder; 
(i) “mental impairment” means a state of arrested or incomplete 
development of mind (not amounting to severe mental 
impairment) which includes significant impairment of 
intelligence and social functioning and is associated with 
abnormally aggressive or seriously irresponsible conduct on the 
part of the person concerned and “mentally impaired” shall be 
construed accordingly; 
(ii) “severe personality disorder” means a persistent disorder or 
disability of mind (whether or not including signifi cant 
impairment of intelligence) which results in abnormally 
aggressive or seriously irresponsible conduct on the part of the 
person concerned; 
(iii) “severe mental impairment” means a state of arrested or 
incomplete development of mind which includes seve re 
impairment of intelligence and social functioning and is 
associated with abnormally aggressive or seriously 
irresponsible conduct on the part of the person concerned and 
“severely mentally impaired” shall be construed accordingly; 
 Explanation:__ Nothing contained in clause (m), sub ‑clauses (i), (ii) and (iii) above shall  be 
construed as implying that a person may be dealt with under this Ordinance as suffering  from mental 
disorder or from any other form of such mental disorder defined in this sect ion, by reason only of 
promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs. 
(n) “mentally disordered prisoner” means a person, who is a prisoner for 
whose detention in or removal to a psychiatric facility or other place of 
safety, an order has been made in accordance with the provisions of 
section 466 or section 471 of the Code of Criminal Procedure, 1898 
(Act V of 1898), section 30 of the Prisoners Act, 1900 (III of 1900), 
section 130 of the  Pakistan Army Act, 1952 (XXX IX of 1952) section 
143 of  the Pakistan Air Force Act, 1953(VI of 1953) or section 123 of 
the Pakistan Navy Ordinance,1961 (XXXV of 1961); 
(o) “minor” means a child or adolescent not having attained the age of 
eighteen years; 
(p) “patient” means a person who is under treatment and care; 
 
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(q) “place of safety” means a Government run health facility, a psychiatric 
facility, or residence of any suitable relative who is willing to 
temporarily receive the patient; 
(r) “prescribed” means prescribed by rules or re gulations as the case be, 
made under this Ordinance; 
(s) “psychiatric facility” means a hospital, institute, ward, clinic, nursing 
home, day ‑care institution, half ‑way house, whether in public or 
private sector involved in the care of mentally disordered persons: 
(t) “psychiatrist” means a medical practitioner possessing a recognized 
postgraduate qualification in psychiatry and registered with the 
Pakistan Medical and Dental Council; 
(u) "relative" means and includes any person related by blood or marriage 
or adoption under the personal law, with the mentally disordered 
person; 
(v) "rules" means the rules made under this Ordinance; 
(w) "specialized psychiatric treatments" means electro ‑convulsive 
treatment, anti ‑psychotic depot injection, psychosurgery, and such 
other form of treatment as may be specified for the purposes of this 
Ordinance; and 
(x) "treatment of mentally disordered person" means the assessment and 
"treatment of a mentally" disordered person and shall include 
assessment, care, training, rehabi litation as well as rehabilitation 
techniques or measures, as the case may be. 
CHAPTER II 
ESTABLISHHMENT OF FEDERAL MENTAL HEALTH AUTHORITY 
 3. Federal Mental Health Authority. ____(1) For the purposes of this Ordinance, the Federal  
Government  shall constitute, by  notification in  the  official Gazette,  the  Federal Mental Health  
Authority. 
(2) The Authority shall consist of a Chairperson and not more than fourteen members to be 
appointed by the Federal Government. 
(3) The members of the Authority shall be as follows: 
(i) Secretary, Ministry of Health, Government of Pakistan; 
(ii) Director General, Ministry of Health, Government of Pakistan; 
 
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(iii) Provincial Health Secretaries; 
(iv) Advisor psychiatry, Medical Directorate, General Headquarters 
(GHQ); and 
(v) Seven eminent psychiatrists of at least ten years good standing. 
(4) The Chairperson and the members of the Authority, other than ex­officio members, shall 
be appointed on such terms and conditions as may be determined by the Federal Government. 
(5) The Chairperson and the members of the Authority shall be appointed for a tenure of four 
years.  The Chairperson and a member may resign from his office in writing addressed to the 
Secretary, Ministry of Health, Government of Pakistan. 
(6) The Chairpers on or a member of the Authority may be removed from his office by the 
Federal Government, for reasons of misconduct, or if he is unable to perform functions of his office, 
on account of mental or physical incapacity or for any other reason. 
(7) The Authority established under sub­section (1) shall carry out the following functions. 
(a) advise the Government on all matters relating to promotion of mental 
health and prevention of mental disorder; 
(b) develop and establish new national standards for care and  treatment of 
patients; 
(c) recommend measures to improve existing mental health services and 
setting up of child and adolescence, psychogeriatric, forensic, learning 
disability and community based services; 
(d) prescribe procedures with respect to setting  up and functioning of the 
mental health services and facilities; 
(e) prescribe a code of practice to be implemented for achieving the 
purposes and objects of this Ordinance as well as to be followed by all 
the mental health personnel involved with the car e of patients under 
this Ordinance; 
(f) provide for regular review by the Board of Visitors to ensure that the 
provisions of this Ordinance for assessment and treatment are being 
properly carried out, whether or not requested by any individual, 
patient or his relative; 
(g) prescribe for care, aftercare or rehabilitation, under supervision or 
otherwise; 
 
 
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(h) provide for and regulate the setting up of help lines and crisis centres 
for the general public with regard to mental health; 
(i) provide for, organize and regulate public awareness programs and 
promote research, publish journals, bulletins, magazines, and other 
educational material on mental health issues; 
(j) discharge such other functions with respect to matters relating to 
mental health as the Government may require; 
(k) register psychiatrists for the purposes of this Ordinance, in such 
manner as may be prescribed; and 
(l) arrange and organize such courses and training programs as may be 
necessary for carrying out the purposes and objects of this Ordinance. 
(8) The Authority may, by notification in the official gazette, make regulations in respect of 
functions specified in sub­section (7). 
4.  Constitution of Board of Visitors . __ (1) The Authority shall, in consultation with the  
Government concerned, establish Boards of Visitors for carrying out the purposes of this Ordinance 
as hereinafter provided. 
(2) There shall be a Board of Visitors at the provincial level which shall consist of: 
(a) A Chairperson who is or has been a Judge of the High Court; 
(b) two psychiatrists, one having a minimum experience ten years to 
Government service; 
(c) one prominent citizen of good standing; 
(d) two medical practitioners of repute with a minimum standing of twelve 
years, one of whom shall be nominee of Pakistan Med ical and Dental 
Council; and 
(e) Director‑General Health Services of the Province, or his nominee. 
(3) The Chairperson and members of the Board shall be appointed for a tenure of two years. 
(4) No member shall be deputed to perform any duty as a visitor to  a psychiatric facility 
wherein he has a direct or indirect conflict of interest. 
5. Powers and functions of the Board. __ (1) The Board may, at any time, enter and inspect 
any psychiatric facility within its area of responsibility and require the production of any records and 
documents for inspection to ensure that they are in proper order. 
 
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(2) The Board shall periodically inspect every part of a psychiatric facility and examine as far 
as possible every patient and mentally disordered prisoner. The  Board shall inspect records and 
documents relating to the patients and mentally disordered prisoners since last visitation by the  
Board. 
(3) The Board may make recommendations to a psychiatric facility, the Authority and the  
Government, concerning improvement of conditions of such facility. 
(4) The Authority may order the Board to visit any patient in case it appears necessary for the 
purpose of investigating any particular matter, or matters related to the capacity of the patient to 
manage his property an d affairs, or otherwise, relating to  the exercise of its functions. In of 
compliance of this order, the board may visit the facility or nominate a sub ‑committee of not less 
than two members:__ 
(a) the Board or the sub ‑committee, making a visit under this s ub­section 
shall make such report on the visit as the Authority may order; 
(b) the Board or the sub ‑committee, making a visit under this sub­section 
may interview and examine a patient in private and may require the 
production of and inspect any documents and/or medical records 
relating to the patient; 
(c) where the sub ‑committee visits a facility it shall report to the Board 
and the Board shall make its final report to the Authority; and 
(d) where the Board or a sub ‑committee is to visit a mentally disordered 
prisoner, it shall also include the Inspector General of Prisons, or his 
nominee. 
(5) Where the Board is satisfied that any patient in a psychiatric facility is not receiving 
proper care or treatment, it may report the matter to the Authority which may issue such directions as 
it may deem fit to the medical practitioner, or psychiatrist incharge of the psychiatric facility, as the 
case may be, who shall be bound to comply with such directions. 
(6) The Board shall enter remarks to a register to be  kept for that purpose in regard to the 
management and condition of a psychiatric facility and the inmates therein. 
(7) Any information obtained by any member of the Board in the course of his duties or 
which comes to the knowledge otherwise, shall not be disclosed except to the authorised person (s). 
 6. Establishment of psychiatric facilities by the Government. __ (1) The Federal 
Government may in any part of Pakistan, or the Provincial Government may within the limits of a 
Province, establish or maintain psychiatric facilities for the assessment, admission, treatment, 
rehabilitation, care and after care of mentally disordered patients at such places, as it deems fit. 
 
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(2) The psychiatric facilities established under sub­section (1) may organize or maintain 
separate units for___ 
(a) persons who are above the age of eighteen years; 
(b) child and adolescence psychiatric units; 
(c) psychogeriatric units for the elderly; and 
(d) persons who have been convicted of any offence and are mentally 
disordered for whom special security measures shall be required. 
(3) Where drug dependence units need to be established, they shall be set up separately which 
may be within the premises of the psychiatric facility for people who are not mentally disordered but 
have drug dependence or patients with drug induced behavioural changes. 
CHAPTER III 
ASSESSMENT AND TREATMENT 
7. Care in the Community. __  Community  based  mental  health  services  shall be  set  up  
for providing mentally disordered persons, their families and others involved in their care with 
guidance, education,  rehabilitation,  after  care  and  preventive  measures and  other  supp ort  
services on  an informal basis. 
Explanation:__ For the purposes of this section, community shall include, family, home, work  
place, educational institutions and other places where care and after care can be provided on an 
informal or voluntary basis. 
8. Care and Treatment on an informal or voluntary basis. ___ Any person who himself 
seeks or is brought by a relative or is referred by a medical practitioner or is referred by any authority 
for forensic psychiatric assessment, shall be examined by a psychi atrist or a medical officer 
nominated by him who shall record his findings in writing and decide that the patient be treated on 
an out‑patient basis or otherwise. Any such person on withdrawal of his consent may be discharged 
in accordance with the provisions of this Ordinance. 
9.  Duration for periods of detention for assessment, treatment, urgent admission   and 
emergency holding. __  For the purposes of this Ordinance, there at a four types of detention of a 
patient, namely; (1) admission for assessment, (2) admission for treatment, (3) urgent admission, and  
(4) emergency holding. The duration for each type of detention shall be as follows: 
(a) The period of detention for the purposes of assessment shall be up to 
28 days from the date of application made under section 10; 
(b) The period of detention for the purposes of treatment shall be up to six 
months from the date of application ma de under section 11, and is 
renewable under the provisions of the said section; 
 
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(c) The period of detention for the purposes of urgent admission shall be 
up to 72 hours from the time of application made under section 12; and 
(d) The period of detention in the case of a patient for the purposes of 
emergency holding already in hospital, shall be up to 24 hours from the 
time of application made under section 13. 
 10. Admission for assessment. __ (1) A patient may be admitted to a Psychiatric Facility and  
detained there for the period allowed by sub­section (4) in pursuance of an application made in 
accordance with sub­sections (2) and (3). 
(2) An application for admission for assessment may be made in respect of a patient on the 
grounds that__ 
(a) he is suffering from mental disorder of a nature or degree which 
warrants the detention of the patient in a psychiatric facility for 
assessment (or for assessment followed by initial treatment) for at least 
a limited period; and 
(b) he ought to be so detained in the interests of his own health or safety or 
with a view to the protection of other persons; and 
(c) specifying that care and treatment in the community and on an 
informal and voluntary basis is not possible. 
(3) An application for admission for assessmen t shall be founded on the written 
recommendations in the prescribed form of two medical practitioners, one of whom should be a 
medical officer and one should be a psychiatrist, or where a psychiatrist is not available, a medical 
practitioner with experienc e in psychiatry, including in each case a statement that in the opinion of 
such medical practitioners the conditions set out in sub­section (2) above are complied with. 
 (4) A patient admitted to a psychiatric facility in pursuance of an application for ad mission 
for assessment may be detained for a period not exceeding 28 days beginning with the day on which 
application was made under this section, but shall not be detained after the expiration of that period 
unless before it has expired he has become liab le to be detained by virtue of a subsequent 
application, order or direction under the provisions of this Ordinance. 
(5) Where a psychiatrist deems it fit he may discharge the patient from detention and advise 
the patient to continue treatment on voluntary basis. 
(6) The patient, his relatives or guardian shall have the right of filing only one appeal against 
the order of detention under this section to a Court of Protection within a period of 14 days from the 
day on which the application was made. The decis ion of the Court of Protection shall be final for the 
period of detention under this section. 
 
 
 
11. Admission for treatment. __ (1) A patient may be admitted to a psychiatric facility and  
detained there for the period allowed by the following provisions, in pursuance of an application 
made in accordance with this section. 
 (2) An application for admission for treatment may be made in respect of a 
patient on the grounds that— 
(a) he is suffe ring from mental illness, severe mental impairment severe 
personality disorder or mental impairment and his mental disorder is of 
a nature of degree which makes it appropriate for him to receive 
medical treatment in a psychiatric facility; and 
(b) it is ne cessary for the health or safety of the patient or for the 
protection of other persons that he should receive such treatment and it 
cannot be provided unless he is admitted under this section. 
(3) An application for admission for treatment shall be founded  on the written 
recommendations, on the prescribed form of two medical officers, one of whom shall be an approved 
psychiatrist, including in each case a statement that in the opinion of such medical officers the 
conditions set out  in sub­section (2) abov e are complied with; and each such recommendation shall 
include 
(a) such particulars as may be prescribed of the grounds for that opinion 
so far as it relates to the conditions set out in clause (a) of that 
sub­section; and 
(b) a statement of the reason fo r that opinion so far as it relates to the 
conditions set out in clause (b) of that sub­section, specifying, whether 
other methods of dealing with the patient are available and, if so, why 
they are not appropriate. 
(4) A patient admitted to a psychiatric f acility in pursuance of an application under this 
section may be detained in a psychiatric facility, for a period not exceeding six months allowed by 
clause (b) of section 9 but shall not be so detained or kept for any longer period unless the authority 
for his detention is renewed under this section 
(a) the authority for detention of a patient may, unless the patient has 
previously been discharged, be renewed from the expiration of the 
period of six months referred to in sub­ section above, for a further  
period of six months; 
(b) from the expiration of any period of renewal under clause (a) above, 
for a further period of one year, if necessary and so on for periods of 
one year at a time. 
 
 
 
(5) The patient, his relative or guardian may file an appeal against  the order of detention 
under this section to a Court of Protection: 
Provided that only one appeal shall lie during the subsistence of each period of detention. 
12.  Admission for assessment in cases of urgency. __  In  any  case  of  urgent  necessity,  
an application for admission for assessment may be made in respect of a patient in accordance with 
the following provisions 
(i) an urgent application may be made either by a relative of the patient or 
medical officer; and every such application shall include a statement 
that it is of urgent necessity for the patient to be admitted and detained 
under this section and that compliance with the provisions relating to 
an application for treatment, under section 11 would i nvolve 
undesirable delay; 
(ii) an urgent application shall be sufficient in the first instance if founded 
on the medical recommendation of an approved psychiatrist or his 
nominated medical officer and if practicable, the nominated medical 
officer shall not  be the same medical officer referred to in sub ‑clause 
(i) above; 
(iii) an urgent application shall cease to have effect after 72 hours from the 
time when the patient is admitted under this section to the psychiatric 
facility unless 
(a) the second medica l recommendation required by section 11 
above is given and received by the psychiatrist in­charge of the 
facility within the said period of 72 hours; and 
(b) that such recommendation and the recommendation referred to 
in sub ‑clause (ii)above together compl y with all the 
requirements as contained in section 17. 
13. Emergency Holding. ___ If in the case of a patient who is receiving treatment for mental 
disorder as an inpatient in a psychiatric facility who wishes or attempts to leave and it appears to a  
medical officer__ 
(i) that the patient is suffering from mental disorder to such a degree that 
it is necessary for his health or safety or for the protection of others, for 
him to be prevented from leaving the facility, and 
(ii) that it is not practicable to secure the immediate attendance of the 
psychiatrist in­charge or his nominated medical officer for the purpose 
of furnishing a medical recommendation, 
 
 
 
the medical officer shall record that fact in writing and in that event the patient may be detained in  
the hospital for a period of 24 hours from the time when the fact is so recorded or until the earlier 
arrival of the psychiatrist incharge or his nominated medical officer. 
14. Emergency Powers. ___  Where in case of an emergency a medical practitioner is unable 
to obtain informed consent in writing, he may administer treatment, notwithstanding the provisions 
of section 51, that in his professional opinion, is necessary for:__ 
(i) saving the patient's life; or 
(ii) preventing serious deterioration of his condition; or 
(iii) alleviating serious suffering by the patient; or 
(iv) preventing the patient from behaving violently or being a danger to 
himself or to others. 
15. Application  by whom to be presented. __ (1) Subject to the provisions of sub­section (3) 
the application on a prescribed form shall be presented by the husband or wife of the patient or, if 
there is no husband or wife or the husband or wife is prevented by reason of mental disorder, absence 
from Pakistan or otherwise from making the presentation, by the nearest relative of the patient. 
(2) If the application is not presented by the husband or wife, or, where there is no husband or 
wife by the nearest relative of the patient, the application shall contain a statement of the reasons 
why it is not so presented, by the husband, wife or the nearest relative and of the connection of the 
applicant with the patient, and the circumstances under which he presents the application. 
(3) No person shall present an application unless he has attained the age of majority and has 
within fourteen days before the presentation of the application, personally seen the said patient. 
(4) The application shall be signed and verified by the applicant, and the statement of 
prescribed particulars by the person making such statement. 
16. Effect of application for admission .__ (1) An application for the admission of a patient 
to a psychiatric facility under this Ordinance, duly completed in accordance with the section under 
which he is being admitted, shall be sufficient authority for the applicant or any person authorized by 
the applicant, to take the patient and convey him to a psychiatric facility at any time within the 
following periods, that is to say___ 
(a) in the case of an application made other than an emergency a pplication 
within the period of 14 days beginning with the date from which the 
patient was last examined by an approved psychiatrist or medical 
officer, as the case may be, before giving a medical recommendation 
for the purposes of the application; 
(b)  in the case of an emergency application, under section 12, the  period 
of 24 hours beginning at the time when the patient was examined by an 
 
 
 
approved psychiatrist or his nominated medical officer giving the 
medical recommendation which is referred to in section 11 above, or at 
the time when the application is made, whichever is the earlier. 
(2) Where a patient is admitted within the said period to a psychiatric facility as mentioned in 
sub­section (1), on an application made under sections 10, 11 or 12, as the  case may be, the 
application shall be sufficient authority for the hospital management to detain the patient in the said 
facility in accordance with the provisions of this Ordinance. 
(3) Any application for the admission of a patient under sections 10, 11  or 12, as the case 
may be, and which appears to be duly made and is founded on the necessary medical 
recommendations, may be acted upon without further proof of the signature or qualification of the 
person by whom the application or any such medical recom mendation is made or given or of any 
matter of fact or opinion stated therein. 
(4)  Once a patient is admitted to a psychiatric facility in pursuance of an application for 
admission for treatment, any previous application under this Ordinance by virtue of which he was 
detained in a psychiatric facility shall cease to have effect. 
17.  General provisions as to applications and medical recommendations .__ (1) General 
provisions as to applications 
(a) subject to provisions of this section, an application for admission for 
assessment or for treatment may be made either by the nearest relative 
of the patient, by an approved psychiatrist or nominated medical 
officer; and every such application shall specify the qualification of the 
applicant to make such an application; 
(b) every application for admission shall be addressed to the hostel 
management to which admission is sought; 
(c) before or within a reasonable time after an application for the 
admission of a patient for assessment is made by an approved 
psychiatrist or a nominated medical officer, as the case may be, he 
shall take such steps as are practicable to inform the person (if any) 
appearing to be the nearest relative of the patient, that the application is 
to be or has been made; 
(d) none of the applicati ons mentioned in sub­section (1) above shall be 
made by any person in respect of a patient unless that person has 
personally seen the patient with the period of  14 days ending with the 
date of application; 
(e) any recommendation given for the purposes of a n application for 
admission for treatment, may describe the patient as suffering from 
more than one  form of mental disorder, namely, severe mental 
 
 
 
impairment, severe personality disorder, mental impairment, or any 
other disorder of disability of mind: 
Provided that the application shall be of no effect unless the patient is 
described in each of the recommendations as suffering from the same form of 
mental disorder whether or not he is also described in either of those 
recommendations as suffering from another form. 
(f) each of the applications mentioned in sub­section (1) above shall be 
sufficient if the recommendations on which it is founded are given 
either as separate recommendations, or as a joint recommendation 
signed by the medical officer and a psychiatrist. 
(2) General provisions as to medical recommendations:__ 
(a) where recommendations are required for the purposes of an application 
under this Ordinance, they shall be signed on or before the date of the 
application, and shall be given by a medic al officer or an approved 
psychiatrist who have examined the patient either together or 
separately, but where they have examined the patient separately not 
more than five days must have elapsed between the days on which 
those separate examinations took place. 
(b) of the medical recommendations given for the purposes of any 
application as referred under clause (a) above, one shall be given by an 
approved psychiatrist and unless that psychiatrist has previous 
acquaintance with the patient, the other such reco mmendation shall, if 
practicable, be liven by a medical officer who has such previous 
acquaintance. 
18. Rectification  of application and  recommendations. __ (1) If within the period of 14 
days beginning with the day on which application was made in respec t of the patient to be admitted 
to a psychiatric facility for assessment or for treatment the application or any medical 
recommendation given for the purposes of the application, is found to in any respect incorrect or 
defective, the recommendation or appl ication may, within that period and with the consent of the 
management of the psychiatric facility, be amended by the person by whom it was signed; and upon 
such amendment being made the application or recommendation shall have effect and shall be 
deemed to have had effect as if it had been originally made as so amended. 
(2) Without prejudice to sub­section (1) above, if within the period mentioned in that 
sub­section it appears to the management of the psychiatric facility that one of the two medical 
recommendations on which the application for admission of a patient is f ounded is insufficient to 
warrant the detention of the patient in pursuance of the application, they may, within that period, 
give notice in writing to that effect to the applicant; and where any such notice is given in respect of 
 
 
 
a medical recommendation,  that recommendation shall be disregarded, but the application shall be, 
deemed always to have been, sufficient if___ 
(a) a fresh recommendation complying with the relevant provisions of this 
Ordinance (other than  the  provisions  relating  to  the  time  of  
signature  and  the  interval  between examinations) is furnished to 
hospital management within that period; and 
(b) the fresh recommendation, and the other recommendation given earlier 
on which the application is founded, together comply with those 
provisions. 
(3) where the medical recommendations upon which an application for admission is founded 
are, taken together, insufficient to warrant the detention of the patient in pursuance if the application, 
notice under sub -section (2) above may be given i n respect of either of those recommendations but 
this sub­section shall not apply in a case where the application is of no effect by virtue of clause (e) 
of sub­section (1) of section 17 above. 
(4) Nothing in this section shall be construed as authorizing the giving of notice in respect to 
an application made as an emergency application, or the detention of a patient admitted in pursuance 
of such an application after the period of 72 hours referred to in clause (iii) of section 12 above 
unless the condition s set out in clauses (a) and (b) of that section are complied with or would be 
complied with apart from any error or defect to which this applies. 
 19. Mentally  disordered persons  found  in public  Places. __ (1) If an officer in 
charge of a  police station finds in a place to which the public have access, a person whom he has 
reason to believe, is suffering from a mental disorder and to be in immediate need of care or control 
the said officer may, if he thinks it necessary to do so in the interest of  that person or for the 
protection of other persons, remove that person to a place of safety, which means only a Government 
run health facility, a Government run psychiatric facility or hand him over to any suitable relative 
who is willing to temporarily receive the patient. 
(2) A person removed to a place of safety under this section may be detained there for a 
period not exceeding 72 hours for the purpose un enabling him to be examined by a psychiatrist or 
his nominated medical officer and for making any necessary arrangements for his treatment or care. 
 
CHAPTER IV 
LEAVE AND DISCHARGE 
20. Order of leave. __ (1) An application in the prescribed form, for leave to absence in regard 
to any mentally disordered person (not being a mentally disordered prisoner) w ho is formally 
admitted in any psychiatric facility may be made to the psychiatrist in charge of the facility, by a 
relative who is desirous of taking care  and custody of such mentally disordered person for a  
specified period, requesting that he may be a llowed on his application to take care and custody of 
 
 
 
such a patient and subject to the assessment by a psychiatrist, in charge of the said facility, who may 
allow or deny the said application: 
Provided that no application under this subsection shall be ma de by a person who has not 
attained the age of majority. 
(2) Every application under subsection (1) shall be accompanied by an undertaking__ 
(a) to take proper care of the mentally ill patient; 
(b) to prevent the mentally ill patient from causing injury to  himself or to 
others; and 
(c) to bring back the mentally ill patient to the said facility on the expiry 
of the period of leave. 
(3) On receipt of the application under sub­section (1), the psychiatrist in charge may grant 
leave of absence to the mentally ill person for such period as he may deem necessary and subject to 
such conditions as may, in the interests of the personal safety of the mentally ill patient or for the 
protection of others, be specified in the order. 
(4) In case a patient is not returned  by the relative after a specified period of leave, the said 
psychiatrist shall report to the Magistrate, in whose jurisdiction the psychiatric facility is situated, 
and the referring authority and the Magistrate if satisfied, may direct the police to reco ver and return 
the said patient to the psychiatric facility. 
(5) In any case where a patient is absent from a psychiatric facility in pursuance of order of 
leave granted under this section and it appears to the psychiatrist that is it necessary to do so in  the 
interest of the patients' safety or for the protection of other persons, he may by notice in writing 
given to the patient or to the person for the time being in­charge of the patient, revoke the leave to 
absence and recall the patient to the psychiatric facility. 
(6) If after the passage of reasonable time after the notice as given under sub­section (5) 
above, the patient does not return or is not returned, then the psychiatrist may report to the 
Magistrate and the referring authority of the reasons of revoking the leave of absence. 
(7) If the Magistrate is satisfied with the report of the psychiatrist and the reasons as 
mentioned in this section, he may direct the police to locate and produce the patient before him on a 
specified date and the Magistrat e after hearing the patient, the person in charge and the concerned 
psychiatrist or their representatives, may make an order placing the patient in the psychiatric facility 
or allow him to continue being in the care and custody of the person in charge or m ay make such 
other orders as he may deem fit. 
 
 
 
 
(8) Without prejudice to what has been stated above in this section, the period of detention 
under provisions of section 10 or 11 shall continue during the period for which order of leave was 
granted: 
Provided that a patient in whose favour order of leave has been granted under this section 
shall not be recalled, after he has ceased to be liable to be detained for the periods specified under 
section10 or 11, unless he is absent, at the expiration of period spec ified under the above referred 
sections, without leave from the psychiatric facility. 
 21. Discharge of a patient.____ (1) The psychiatrist in­charge of the treatment of a patient, 
may by order in writing, direct discharge of the patient at any time he deems it appropriate. 
(2) Where any order of discharge is made under subsection (1), in respect of a person who 
has been admitted or is undergoing treatment as a patient in pursuance of an order of a referring 
authority, a copy of such order shall be immediately forwarded to that authority by the psychiatrist in 
charge. 
(3) Any person admitted in a psychiatric facility under an order made in pursuance of an 
application made under this Ordinance, may be discharged on an application made to the psychiatrist 
in charge: 
Provided that no patient shall be discharged under this section if the psychiatrist in charge 
certifies in writing that the patient is unfit to be discharged for reasons of his own health and safety 
or the safety of others. 
 22. Application by a patient for discharge.____(1) Any patient, not being a mentally 
disordered prisoner, who feels that he has recovered from his mental disorder, may make an 
application to the Magistrate for his discharge from the psychiatric facility. 
(2) The Magistrate may  after making such inquiry as he may deem fit, pass an order 
discharging the person or dismiss the application: 
Provided that no subsequent application for discharge shall be made by the patient during the 
said period of detention. 
23. Discharge of a detai ned person found not to be mentally dis­ordered after 
assessment.____ If any person admitted in a psychiatric facility is subsequently found not to be 
mentally disordered and is capable of taking care of himself and managing his affairs, an approved 
psychiatrist, of the said facility shall forthwith, discharge such person from the psychiatric facility 
and notify the fact to the referring authority and the nearest relative. 
24. Duty  of hospital  management to  inform relatives of the  discharge. ___  Where  a  
patient detained under this Ordinance in a psychiatric facility is to be discharged, the management of 
the psychiatric facility shall take such steps as are practicable to inform the relative (if any), of the 
patient  and or  the  applicant  (i f  any), and or  any suitable  person who is willing to  accept  the 
 
 
 
responsibility to take care and custody of the said patient; and that information shall, if practicable, 
be given at least seven days before the date of discharge. 
25. Application  for di scharge to Magistrate. ____ Where any patient is admitted under 
section 10 or  11,  his  relatives may  apply  to  the  Magistrate  within  the  local limits  of  whose  
jurisdiction the psychiatric facility is situated for his discharge and the Magistrate m ay, in 
consultation with psychiatrist in charge of the treatment, after giving notice to the person at whose 
instance he was admitted and after making such inquiry as he may deem fit, either allow or dismiss 
the application: 
Provided that no subsequent application for discharge shall be made during the said period of 
detention. 
26. Notice about serious illness or death. ____ If a patient becomes seriously ill or dies, that 
fact shall be notified to his nearest relatives, if known or on whose application t he patient was 
admitted and also to the authority by whom the patient was referred to the psychiatric facility. 
27. Transfer and removal. ___ Transfer and removal of patient placed in a psychiatric facility 
to another such facility in the same Province or s ome other Province shall be carried out in 
accordance with any general or special order of the  Provincial Government with the  consent of the  
other Provincial Government, provided that a notice of such intended transfer or removal has been 
given to the applicant. 
 28. Foreign nationals.___(1) When an arrangement has been made with any foreign state with
 respect to the placement of a patient, the Federal Government may issue a notification under 
this Ordinance directing the Provincial Government concerned within which such order may be 
made. 
(2) On publication of a notification under sub­section (1), the agent of the foreign state in 
which the alleged mentally disordered person ordinarily resides may make an application for an 
order to the Provincial Government concerned. 
(3) The functions of the Magistrate shall be performed by such officer as the Provincial 
Government may by general or special order appoint in this behalf, and such officer shall be deemed 
to be the Magistrate having jurisdiction over the a lleged mentally disordered person for the purposes 
of this section. 
(4) The Provincial Government may specify approved psychiatrists for the purposes of this 
section. 
CHAPTER V 
JUDICIAL PROCEEDINGS FOR APOINTMENT OF GUARDIAN OF PERSON AND 
MANAGER OF THE PROPERTY OF THE MENTALLY DISORDERED 
 
 
 
29. Judicial proceedings.___ Whenever any person is possessed of property and is alleged to 
be mentally disordered, the Court of Protection, within whose jurisdiction such person is residing 
may, upon application by any of his relatives having obtained consent in writing of the Advoc ate 
General of the Province concerned, by order direct an inquiry for the purpose of ascertaining whether 
such person is mentally disordered and incapable of managing himself, his property and his affairs. 
30. Regulation  of proceedings of the Court of Pro tection.__ (1) The following provisions 
shall regulate the proceedings of the Court of Protection with regard to the matter to which they 
relate, namely:___ 
(a) Notice shall be given to the mentally disordered person of the time and 
place at which it is proposed to hold the inquiry; 
(b) if it appears that personal service on the alleged mentally disordered 
person would be ineffectual, the Court may direct such substituted 
service of notice as it thinks fit; 
(c) the Court may also direct copy of such notice to be served upon any 
relative of the alleged mentally disordered person and upon any other 
person to whom in the opinion of the Court notice of the application 
should be given; 
(d)  the Court may require the alleged mentally disordered person to 
attend, a t such convenient time and place as it may appoint for the 
purpose of being personally examined by the Court, or to any person 
from whom the Court may desire to have a report of the mental 
capacity and condition of such mentally disordered person; 
(e) the Court may likewise make an order authorising any person or 
persons therein named to have access to the alleged mentally 
disordered person for the purpose of personal examination; and 
(f) the attendance and examination of the alleged mentally disordered 
person under the provisions of clause (d) and clause (e) shall, if the 
alleged mentally disordered person be a woman who, according to 
customs of the country, ought not to be compelled to appear in public, 
be regulated by the law and practice for the examinat ion of such 
persons in other civil cases. 
(2) The Court, if it thinks fit, may appoint two or more persons to act as assessors to the 
Court in the said proceedings. 
(3) Upon the completion of the inquiry, the Court shall determine whether the alleged 
mentally disordered person is suffering from mental disorder and is incapable of managing himself 
and his affairs, or may come to a special finding that such person lacks  the capacity to manage his 
 
 
 
affairs, but is capable of managing himself and is not dangerous to himself or to others, or may make 
any such order it deems fit, in the circumstances of the case, in the best interests of such person. 
31. Inquiry by subordinat e Court on commission issued by the Court of Protection and  
proceedings thereon. ___ (1) If the alleged mentally disordered person resides at a distance of more  
than fifty miles from the place where the Court is held to which the application is made, the said 
Court may issue a Commission to any sub­ordinate Court to make the inquiry, and such subordinate 
court shall thereupon conduct the inquiry in the manner hereinbefore provided. 
(2) On the completion of inquiry the subordinate court shall transmit the r ecord of its 
proceedings with the opinion of the assessor, if any have been appointed, and its own opinion on the 
case; and the Court shall thereupon proceed to dispose the application in the manner provided in 
sub­section (3) of section 30: 
Provided that the Court may direct the subordinate court to make such further or other inquiry 
as it thinks fit before disposing of the application. 
32. Appointment of guardian.____ Where a mentally disordered person is incapable of taking 
care of himself, the Court may  appoint any suitable person to be his guardian, or order him to be 
looked after in a psychiatric facility and order for his maintenance. 
33. Management of property of mentally disordered person. ____(1) Where the property of 
the mentally disordered person who is incapable of managing it, the Court shall appoint any suitable 
person to be the manager of such property. 
(2) No person, who is a legal heir of a mentally disordered person, shall be appointed under 
section 32 to be the guardian of such a person or the manager of his property, as the case may be, 
unless the Court for reasons to be recorded in writing considers that such appointment is for the 
benefit of the mentally disordered person. 
(3) The guardian of a mentally disordered person and the manager o f his property appointed 
under this Ordinance shall be paid, from out of the property of the mentally disordered person, such 
allowance as the Court may determine. 
34. Responsibility of manager. ___ A person appointed as a manager of the property of a, 
under this  Ordinance, shall be responsible for the care, cost of treatment and maintenance  of the 
mentally disordered person and of such member(s) of his family as are dependent on him. 
35. Allowance payable to guardian. _____ The manager of the property of the patient shall 
pay to the guardian of the patient such allowances as may be fixed by the Court for the care and 
maintenance of the patient and of such members of his family as are dependent on him. 
36. Powers of manager o f property of mentally  disordered person .___ (1)  Every  
manager appointed under this Ordinance shall, subject to the provisions of this Ordinance, 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 deb ts 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. 
37. Furnishing of inventory of immovable property, etc. ____(1) Every manager appointed 
under this Ordinance shall, within a period of three months from the date of his appointment, deliver 
to the Court an inventory of the immovable property belonging to the mentally disordered person and 
of all assets and other movable property received on behalf of the mentally disordered person, 
together with a statement of all claims due on and all debts and liabilities due by such a person. 
(2) All transactions under this Ordinance shall be made through a bank authorized by the 
Court. 
 (3)  Every such manager shall also furnish to the Court within a period of three months of the 
closure of every financial year, an account of the property and assets in his charge, the sums received 
and disbursed on account of the mentally disordered person and the balance remaining with him. 
(4) If any relative of a mentally disordered person impugns, by a petition to the Court, the 
accuracy of the inventory or statement referred to in sub­section (1) or as the case may be, any 
annual account referred to in sub­section (3), the Court may summon the manager and summarily 
inquire into the matter and make such order thereon as it thinks fit. 
(5) Any relative of a mentally disordered person may, with the leave of the Court, sue for an 
account from any manager appointed under this Ordinance or from any such person after his removal 
from office or trust, or from his legal representatives in the case of his death, in respect of any 
property then or formerly under his management or of any sums of money or other property received 
by him on account of such property. 
 
 
 
38. Inquiry by Court of Protection in certain cases. ___  Where a mentally disordered 
person had, before the onset of his mental disorder, contracted to sell or otherwise disposed of his 
property or any portion thereof, the Court may, after conducting an inquiry, direct the manager 
appointed under this Ordinanc e to perform such contract and to do such other acts in fulfillment of 
the contract as the Court considers necessary and thereupon the manager shall be bound to act 
accordingly. 
39. Disposal  of business  premises under the  direction of Court of Protectio n.____ Where  
a mentally disordered person had been engaged in business before he became mentally disordered 
the Court may, if it appears to be in the best interest of such a person, after proper hearing notices 
have been issued to dependents, relatives fo r hearing to dispose of his business premises, direct  the 
manager appointed under this Ordinance in relation to property of such person to sell and dispose of 
such premises and to apply the sale proceeds thereof in such manner as the Court may direct and 
thereupon the manager shall be bound to act accordingly. 
40. Investment of assets of mentally disordered person. ____ All sums received by a 
manager on account of any estate in excess of what may be required for the current expenses of a 
mentally disordered  person or for the management of his property, shall be paid into the public 
treasury on account of the estate, and shall be invested, from time to time, through state owned 
investment agencies, in the interest of the mentally disordered person. 
41. Appointment of a new manager or guardian. ____ (1) The manager of the property of a  
mentally disordered person may resign with the permission of the Court, or for sufficient cause and 
for reasons to be recorded in writing, be removed by the Court and such Court m ay appoint a new 
manager in his place. 
(2) Any manager removed under sub­section (1) shall be bound to deliver the charge of all 
property of such a person to the new manager, and to account for all monies received or disbursed by 
him. 
(3) The guardian of t he person of a mentally disordered person may resign with the 
permission of the Court, or for sufficient cause and for reasons to be recorded in writing, be removed 
by the Court and such Court may appoint a new guardian in his place. 
 42. Dissolution of partnership._____(1) Where a person, being a member of a partnership 
firm, is found to be mentally disordered, the Court may, on the application of any other partner, order 
for the dissolution of the partnership or on the application of any person who appears to that Court to 
be entitled to seek such dissolution dissolve the partnership in accordance with the provisions of the 
Partnership Act, 1932 (IX of 1932). 
(2) Upon dissolution a partnership firm to which sub­section (1) applies, the manager 
appointed under this Ordinance may, in the name and on behalf of the mentally disordered person, 
join with the other partners in disposing of the partnership property upon such terms, and shall do all 
such acts for carrying into effect the dissolution of the partnership as the Court may direct. 
 
 
 
(3) Notwithstanding anything detained in the foregoing provisions, the Court may, instead of 
appointing a manager of the estate, order that in the case of cash, or in the case of any other property, 
the produce thereof, sh all be realized and paid or delivered to such person as may be appointed by 
the Court in this behalf, to be applied for the maintenance of the mentally disordered person and of 
such members of his family as are dependent on him. 
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 if 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 receive and pay over thereof the dividends to a ne w 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 government concerned to make such transfer, or to transfer the same, and to receive and 
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 Government concerned to make transfer of such stock, securities of 
shares or of any part thereof, to or into the name of the person so appointed or other wise, and also to 
receive and pay over the dividends and proceeds, as the Court thinks fit. 
44. Maintenance during temporary mental disorder .____ If it appears to the Court that the 
mental illness of a mentally disordered person is in its nature temporary and that it is expedient to 
make provision for a temporary period, for his maintenance or for the maintenance of such members 
of his family as are dependent on him, the Court may direct his property or a sufficient part thereof 
to be applied for the purpose specified therein. 
45. Inquiry by Court of Protection into cessation of mental disorder. ____(1) Where the 
Court has reason to believe that any person who was found to be mentally disordered has ceased to 
be mentally disordered it may direct any court subordinate to it to inquire whether such person has 
ceased to be mentally disordered. 
(2) An inquiry under sub­section (1) shall, so far as may be, conducted under this Ordinance. 
 (3) If after an inquiry under this section, it is found that the mental di sorder of a person has 
ceased, the Court shall order all actions taken in respect of such person under this Ordinance to be set 
aside on such terms and conditions as that Court thinks fit to impose. 
(4) Without prejudice to the generality powers given abov e, the court shall have powers to 
make such orders and give such directions as the Court thinks fit, for the betterment of such a person. 
 
 
 
 
46. Appeal to High Court. ___ An appeal shall lie to the High Court from an order made by a 
Court of Protection under this Chapter, within a period of sixty days from the date of order of the 
said Court. 
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 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 Ordinance. 
(2) Person holding public office or a public servant who is paid by t he 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 defence personnel, the pay master 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 
Ordinance. 
(4) Where a ny 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 autho rizing it to apply his estate towards the cost of 
maintenance or directing the legally bound person to bear the costs 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. 
 
 
 
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 Ordinance 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 tit, 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 s ame 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 o f 
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 ment ally 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. 
CHAPTER VII 
PROTECTION OF HUMAN RIGHTS OF MENTALLY DISORDERED PERSONS 
49. Cases of attempted suicide. ___  A person who attempt  is suicide  shall be  assessed by an 
approved  psychiatrist  and  if  found  to  be  suffering  from  a  mental  disorder  shall  be  treated 
appropriately under the provisions of this Ordinance. 
50. Confidentiality.___ No patient shall be publicized nor his identity disclosed to the public 
through press or media unless such person chooses to publicise his own condition. 
51. Informed consent. ____(1) Before commencing any investigation or tr eatment a 
psychiatrist or  nominated medical officer shall obtain written informed consent, on a prescribed 
form, from the patient or if the patient is a minor, his nearest relative or a guardian, as the case may 
be. 
(2) Where the consent of a p atient to any form of investigation (s) and or treatment (s) has 
been given the patient or if the patient is a minor, his nearest relative or a guardian, as the case may 
be, may withdraw his consent in writing at any time before the completion of the treat ment.
 
Page 30 of 33 
 
(3) Without prejudice to the application of sub­section (2) above to any treatment given under 
the plan of treatment to which a patient or if the patient is a minor, his nearest relative or a guardian, 
as the case may be, who has consented, to such a  plan may, at any time withdraw his consent in 
writing to further treatment, or to further treatment of any description under the plan of treatment. 
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 Ordinance, 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 
Ordinance. 
(2) Any person employed in a psychiatric facility, who strikes, ill­treats, maltreats or willfully 
neglects any patient confined in such psychiatric facility or willfully violates or neglects any of the 
provisions of this Ordinance shall be guilty of an offence. 
(3) Any manager of estate of a patient who willfully neglects or re fuses 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 men tally disordered 
person which includes: trepanning, branding, scalding, beating, exercising, 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 subjecti ng 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 pr ovisions of this Ordinance or of any rule or 
regulation made thereunder, for the contravention of which no penalty is expressly provided in this 
Ordinance, 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. 
53. Indemnity. ___(1) No suit, prosecution or other legal proceedings shall lie against any 
person for anything which is in good faith done or intended to be done in pursuance of this 
Ordinance or the rules made thereunder. 
 
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(2) No suit or other legal proceedings shall lie against the Government for any damage 
caused or likely to be caused for anything which is in good faith done or intended to be done in 
pursuance of this Ordinance or the rules or orders made thereunder. 
CHAPTER IX 
INSPECTION OF MENTALLY DISORDERED PRISONERS 
54. Inspection  of mentally  disordered prisoners. _____(1) Where any person is detained 
under the provisions of section 466 or section 471 of the Code of Criminal Procedure, 1898 (Act  V 
of 1898), section 130 of the Pakistan Army Act, 1952 (XXXIX of 1952), section 143 of the Pakistan 
Air Force Act, 1953 (VI of 1953), or section 123 of the Pakistan Navy Ordinance, 1961 (XXXV of 
1961), the Inspector‑General of Prisons, if the accused person i s detained in a jail, and the Board of 
Visitors or any two members of such Board, if the accused person is detained in a psychiatric 
facility, may visit him in order to ascertain his state of mind and such a detainee shall be visited once 
at least in every six months by the Inspector­General of Prisons or, as the case may be, the Board or 
any two members of such Board, shall make a report as to the state of mind of such person to the 
authority under whose order the accused person is detained and the Inspect or­General of Prisons or, 
as the case may be, the Board of Visitors or any two members of such Board, shall make a report as 
to the state of mind of such person to the authority under whose order the accused person is detained. 
(2) The Government may empow er the officer in charge of the jail in which such accused 
person is detained to discharge all or any of the functions of the Inspector ‑General of Prisons under 
sub­ section (1). 
CHAPTER X 
FORENSIC PSYCHIATRIC SERVICES 
 5. Forensic psychiatric services.___ (1) Special security forensic psychiatric facilities shall be 
developed by the Government to house mentally disordered prisoners, mentally disordered offenders, 
as may be prescribed. 
 (2) Admission, transfer or removal of patients concerned with criminal proceedings in such 
facilities shall be under the administrative control, of the Inspector‑General of Prisons. 
(3) The Board of Visitors shall have an access to such persons admitted in forensic 
psychiatric facility in accordance with the provisions of this Ordinance. 
CHAPTER XI 
MISCELLANEOUS 
 56. Specialized Psychiatric Treatments.____ (1) Specialized psychiatric treatment may be 
carried out with the informed consent of the patient, on the orders in writing by the psychiatrist in 
charge of the treatment of the patient or his relative or guardian, if the patient is a minor. 
 
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(2) All electro ‑convulsive treatments shall preferably be administered under general 
anesthesia. 
(3) All electro ‑convulsive treatments shall be advised by a psychiatrist, in charge of the  
patient, recording the reasons for such advice and stating the reasons as to why the alternative 
available methods of treatment are not appropriate. 
(4) Administration of long  acting anti ‑psychotic depot injections shall only be carried out 
upon the advice of a psychiatrist for a period as specified in the prescription and such cases shall be 
reviewed periodically. 
(5) No person shall advise and carry out psychosurgery or make any decision to carry out 
psychosurgery, except in cases, where it is decided to  be necessary and appropriate in a meeting in 
this regard, attended by a neurosurgeon, a neurophysician, a physician, two approved psychiatrists 
and a clinical psychologist. 
57.  Provisions for public and private sector psychiatric facilities. —The  provisions  of  
this Ordinance shall apply to all psychiatric facilities whether in public and or private sector. 
58. Removal of difficulties. _____ If any difficulty arises in giving effect to any of the 
provisions of this Ordinance, the President may make  such order, not inconsistent with the provision 
of this Ordinance, as may appear to him to be necessary for the purpose of removing the difficulty: 
Provided that no such power shall be exercised after the expiry of two years from the coming 
into force of this Ordinance. 
59.  Power to make rules. ___(1)  The  Federal,  Government  may,  in  consultation  with  the 
Provincial Governments, by notification in the official Gazette, make rules for carrying out the 
purposes of this Ordinance. 
(2) Without prejudice to the generality of the foregoing power, the rules may provide for all 
or any of the following matters, namely: 
(a) to prescribe forms for any proceedings under this Ordinance; 
(b) to prescribe places of admission, places of safety and regulation of 
treatment of mentally disordered persons; 
(c) to regulate the admission, care and treatment of under trial persons or 
convicted prisoners; 
(d) to regulate the management of a mental health facility; and 
(e) to prescribe conditions subject to which a psychi atric facility may be 
licensed. 
 
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60. Ordinance to override. ___ The provisions of this Ordinance shall have effect 
notwithstanding anything inconsistent therewith contained in any other law for the time being in 
force. 
61. Repeal and saving.__ (1) The Lunacy Act, 1912 (IV of 1912), is hereby repealed. 
 (2) Notwithstanding the repeal of Lunacy Act, 1912 (IV of 1912), hereinafter referred to as 
the repealed Act, 
(a) all orders made, acts done and powers exercised under the repealed Act 
shall be deemed to have been validly made, done and exercised and 
deemed always to have had effect accordingly; and 
(b) nothing contained in this Ordinance shall be deemed to apply to 
proceedings, suits or appeals and applications pending under the 
repealed Act before any court i mmediately before the commencement 
of this Ordinance and such proceedings, suits, appeals and applications 
shall continue to be heard and disposed of in accordance with the 
provisions of the repealed Act.