MENTAL HEALTH ORDINANCE FOR PAKISTAN 2001

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THE MENTAL HEALTH ORDINANCE, 2001 
(VIII of 2001) 
CONTENTS 
CHAPTER-I 
PRELIMINARY  
1. Short title, extent and commencement 
2. Definition s 
CHAPTER-II 
ESTABLISHMEN T OF [PUNJAB MENTAL HEALTH AUTHORITY ] 
3. Punjab Mental Health Authority  
4. Constitution of Board of Visitors 
5. Powers and functions of the Board 
6. Establishmen t 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 
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 recommendation s 
18. Rectification of applications 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 disordere d 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 APPOINTMENT 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. Responsibilit y of manager 
35. Allowanc e payable to guardian 
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 DISORDERE D 
PERSON ADMITTED IN A PSYCHIATRIC FACILITY  
47. Liability to meet cost of maintenance of a patient admitted in a psychiatric 
facility 
48. Maintenance out of pay, pension, etc 
CHAPTER-VII 
PROTECTION OF HUMAN RIGHTS OF MENTALLY DISORDERE D 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 DISORDERE D PRISONERS  
54. Inspection of mentally disordered prisoners 
CHAPTER-X 
FORENSIC PSYCHIATRI C SERVICES  
55. Forensic psychiatric services 
CHAPTER-XI 
MISCELLANEOUS 
56. Specialized Psychiatric Treatments 
57. Provisions for public and private sector psychiatric facilities 
58. Removal of difficultie s 
59. Power to make rules 
60. Ordinance to override 
61. Repeal and saving 
TEXT 
1
THE MENTAL HEALTH ORDINANCE, 2001 
(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 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 the National Assembly and the Senate stand suspended  in 
pursuanc e of the Proclamation of Emergency of the fourteenth day of October, 1999, 
and the Provisional Constitution Order No. 1 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 
fourteent h day of October, 1999 , and  the  Provisional Constitution Order No. 1 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 Republic 
of Pakistan is pleased to make and promulgate the following Ordinance:– 
CHAPTER I 
PRELIMI NARY 
1. Short title, extent and commencement.– (1) This Ordinance may be called the 
Mental Health Ordinance, 2001. 
(2) It extends to the whole of 
2
[the Punjab]. 
                                                           
1Pursuant to the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 
1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in t hat 
behalf, the President of the Republic of Pakistan prom ulgate this Ordinance on 20 February 2001 ; and, was published in the Punjab 
Gazette (Extraordinary), Pt I, dated 20 February 2001, pages 115-48. 
This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by 
virtue of 18th Amendment in the Constitution, hence it was adopted, with amendments, for the province of the Punjab by the Punjab 
Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), da ted 29.5.2014, pages 
3991-3993. 
(3) It shall come into force with effect from the 20th day of February, 2001. 
2. Definition s.– (1) In this Ordinance, unless there is anything repugnant in the 
subject or context,– 
(a) “approved psychiatrist” means a medical practitione r possessin g a 
recognized  postgraduate qualification and registered with the Pakistan 
Medical  and  Dental  Council  and  also approved by the Authority; 
(b) “Authority” means the 
3
[ Punjab Mental Health Authority ] constituted 
under section 3; 
(c) “cost of maintenance”  in relation to a mentally disordered  person, 
includes the cost of lodging, maintenance,  clothing,  medicine and care 
of a 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; 
4
[(f) “Government” means Government of the Punjab;] 
(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;  
                                                                                                                                                                                           
2Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), 
dated 29.5.2014, pages 3991-3993, s.3. 
3Substituted for the words “Federal Mental Health Author ity” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). 
4Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), 
dated 29.5.2014, pages 3991-3993, s.4. 
(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; 
(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 significant 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 severe 
impairment of intelligence and social functioning and is associated 
with abnormall y 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 section,  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 (XXXIX of 1952) 
section 143 of the Pakistan Air Force Act,  1953 (VI o f 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; 
(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 regulations as the case may 
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, habilitation as well as rehabilitation 
techniques or measures, as the case may be. 
CHAPTER II 
ESTABLISHMEN T OF 
5
[PUNJAB MENTAL HEALTH AUTHORITY ] 
3. 
6
[Punjab Mental Health Authority].– (1) For the purposes  of  this  Ordinance, 
the 
7
[Government] shall constitute, by notification in the official Gazette, the 
8
[Punjab 
Mental Health Authority]. 
9
[(2) The Authority shall consist of a Chairperson and not more than ten 
members to be appointed by the Government.] 
                                                           
5Substituted for the words “Federal Mental Health Authority” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). 
6Substituted for the words “Federal Mental Health Authority” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). 
7Substituted for the words “Federal Government” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published 
in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(a) 
8Substituted for the words “Federal Mental Health  Authority” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). 
9Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), 
dated 29.5.2014, pages 3991-3993, s.5(a). 
10
[(3) The members of the Authority shall be as follows: 
(i) Secretary to the Government, Health Department; 
(ii) Chief Consultant Psychiatrist, Punjab Institute of Medical Health, Lahore; 
and  
(iii) three eminent psychiatrists and two eminent psychologists of at least ten 
years’ standing.] 
 (4) The  Chairperson  and  the  members  of  the  Authority,  other  than  ex-
officio members, shall be appointed on such terms and conditions  as may be 
determined  by  the 
11
[ Government]. 
 (5) The Chairperson and the members of the Authority shall be appointed 
for a tenure of fours years. The  Chairperson  and  a  member  may  resign  from  his  
office  in  writing addressed to the 
12
[Government]. 
 (6) The Chairperson  or a member  of the Authority  may  be removed  
from  his office by the 
13
[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 sub-section (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 treatmen t 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 care of  patients  under 
this Ordinance; 
(f) provide for regular review by the Board of Visitors to ensure that  the 
                                                           
10Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)  ; and published in the Punjab Gazette 
(Extraordinary), dated 29.5.2014, pages 3991-3993, s.5(b). 
11Substituted for the words “Federal Government” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published 
in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(a) 
12Substituted for the words “ Secretary, Ministry of Health, Government of Pakistan ” by the Punjab Mental Health (Amendment) Act 
2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.5(c). 
13Substituted for the words “Secretary, Ministry of Health, Gove rnment of Pakistan” by the Punjab Mental Health (Amendment) Act 
2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.5(c). 
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; 
(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 
regulation s in respect of functions specified in subsection (7). 
4.  Constitution of Board of Visitors.– (1) The Authority shall, in consultation 
with the Government 
14
[***] establish Boards of Visitors for carrying out the 
purposes of this  Ordinance as hereinafter provided. 
(2) There shall be a Board of Visitors 
15
[***] 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  of  ten years in 
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 a nominee of Pakistan Medical and Dental 
Council; and 
(e) Director General Health Services 
16
[***] 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 
                                                           
14Omitted the word “concerned” by the Punjab Mental Health (Amendment) Act 201 4 (XI of 2014)  ; and published in the Punjab 
Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.6(a). 
15Omitted the words “at the Provincial level” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the 
Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.6(b). 
16Omitted the words “of the Province” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab 
Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.6(b). 
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. 
(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 and affairs, or 
otherwise, relating to the exercise of its functions. In 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 sub-section  
shall make such report on the visit as the Authority may order; 
(b) the Board or the sub-committee,  making a visit under this sub-section  
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  in charge of  the psychiatric facility, as the case may be, who shall be 
bound to comply with such directions. 
(6) The Board shall enter remarks  in 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. Establishmen t of psychiatric facilities by the Government.– 
17
[(1) The 
Government may 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.] 
(2) The psychiatric facilities established under sub-section  (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 behavioura l changes.  
CHAPTER III 
ASSESSMENT AND TREATMENT  
7. Care in the Community.– (1) 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 support services on an informal basis. 
Explanation :– For the purposes of this  section, community shall include, family, 
home, workplace, 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  psychiatrist  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 
are 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 
                                                           
17Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), 
dated 29.5.2014, pages 3991-3993, s.7. 
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 made under section 11, and 
is renewable under the provisions of the said section; 
(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 Psychiatri c 
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 assessment 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 experience in psychiatry, 
including in each case a  statement that in the opinion of such medical practitioners 
the conditions set out in sub-section (2) above are complied with. 
(4) A patient admitted to a psychiatric facility in pursuance of an 
application  for admission 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  liable  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 relative 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 
decision 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 suffering from mental illness, severe mental impairment, severe 
personality disorder or mental impairment and his mental disorder is of 
a nature or degree which makes it appropriate for  him to receive 
medical treatment in a psychiatric facility; and 
(b) it  is  necessary  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 sub-section (2) 
above 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 sub- 
section; and 
(b) a statement of the reason for that opinion so far as it relates to  the 
conditions  set  out  in  clause  (b)  of  that  sub-section,   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  facility  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 involve 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  
psychiatri c  facility unless– 
(a) the second medical recommendation required by section 11 
above is given and received by the psychiatrist in-charge 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  comply  with all the  
requirement s  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 in  charge  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 in charge or his nominated medical officer. 
14. Emergency Powers.– Where  in  case  of  an  emergency  a  medical  
practitione r  is unable to obtain informed consent in writing,  he  may  administer  
treatment ,  notwithstandin g 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, personall y 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 psychiatri c  facility at any time within the following 
periods, that is to say– 
(a) in the case of an application made other than an emergency 
application 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 sub-section (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 recommendation  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 recommendation s.– 
(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  hospital 
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 applications mentioned in sub-section (1) above shall be 
made by any person in respect of a patient unless that  person  has 
personally seen the patient within the period of 14  days ending with 
the date of application;  
(e) any  recommendation given for the purposes  of  an  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 or 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 medical 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 examination s 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 recommendation shall, if 
practicable,  be given by a medical  officer who has such previous 
acquaintance. 
18. Rectification of applications and recommendations.– (1) If within the 
period of 14 days beginning with the day on which application was made in respect 
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 
application 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 sub-section (1) above, if within the period 
mentioned in that sub-section 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 founded  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 provision s  of this  
Ordinance  (other  than  the  provisions  relating  to  the  time  of 
signature and the interval between examinations) is furnished to the 
hospital management within that period; and 
(b) the fresh recommendation, and  the other recommendatio n 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 of the application, notice under subsection (2) above may 
be given in 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 
sub-section (1) of section 17 above. 
(4) Nothing in this section shall be construed as authorizing the giving of 
notice in respect of 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 conditions 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  of enabling  
him to be  examined  by a psychiatrist or his nominated  medical  officer  and  for 
making  any  necessar y  arrangements  for his treatment or care. 
CHAPTER IV 
LEAVE AND DISCHARGE  
20. Order of leave.– (1) An application in the prescribed form, for leave of 
absence in regard to any mentally disordered person (not being a mentally 
disordered prisoner) who 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 allowed  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 sub-section shall be made by a 
person who has not attained the age of majority. 
(2) Every application under sub-section (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 sub-section (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 psychiatri c facility is situated, and the referring authority and the 
Magistrate if satisfied, may direct the  police to recover 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 in-charge of the patient, revoke the leave of 
absence and recall the patient to the psychiatric facility. 
(6) If after the passage of reasonable time after the notice as given under 
sub- section (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 Magistrate 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 may 
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 section 10 or 11, unless he is absent, at 
the expiration of period specified  under the above referred sections, without leave 
from the psychiatric facility. 
21. Discharge of a patient.– (1)The psychiatrist in-charge 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 sub-section (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 
applicatio n 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 detained person found not to be mentally disordere d 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.– 
Wher e 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  (if  
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 discharge 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 may, 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 the  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 
18
[ any other Province or territory of 
                                                           
18Substituted for the words “the same Province or some other Province” by the Punjab Mental Health (Amendment) Act 2014 (XI of 
2014); and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.8 
Pakistan] shall  be  carried out in accordance with any general or special order of 
the 
19
[ Government with the consent of the Government of that Province or territory]   
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 
20
[Government for such 
placement of the patient]. 
(2) On publication of a notification under sub-section (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 
21
[Government]. 
(3) The functions of the Magistrate  shall  be performed  by such  officer  
as  the 
22
[***] 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 
alleged mentally  disordered person for the purposes of this section. 
(4) The 
23
[***] Government   may specify approved psychiatrists for the 
purposes of this section. 
CHAPTER V 
JUDICIAL PROCEEDINGS FOR APPOINTMENT 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 
jurisdictio n  such  person is residing may, upon  application by any  of  his  relatives  
having obtained consent  in  writing of the 
24
[Advocate Ge neral Punjab]    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 Protection.– (1) The following 
provisions shall regulate the proceedings of the Court of Protection with regard to 
the matter to which they relate, namely:– 
                                                           
19Substituted for the words “Provincial Government with the consent of the other Provincial Government” by the Punjab Menta l 
Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages  3991-
3993, s.8. 
20Substituted for the words “Provincial Government concerned within which such order may be made” by the Punjab Mental He alth 
(Amendment) Act 2014 (XI of 2014)  ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991 -3993, 
s.9(a). 
21Substituted for the words “Provincial Government concerned” by the Punjab Mental Health (Amendment) Act 2014 (XI of 201 4); 
and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.9(b). 
22Omitted the word “Provincial” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014)  ; and published in the Punjab 
Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.9(c). 
23Omitted the word “Provincial”  by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab 
Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.9(c). 
24Substituted “Advocate General of the Province concerned” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.10. 
(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, at 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 examination 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 subordinate 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 sub-ordinate 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 
record 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 sub-section (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 of 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. Responsibilit y 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. Allowanc e 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 of 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 debts 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 sub-section (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 sub-section (1) 
or as the case may be, any annual account referred to in sub-section (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 Ordinance 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 
Protection.– 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 
dependants, relatives for 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 receive d 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 may  appoint a new manager in his place. 
(2) Any manager removed under sub-section (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 the 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 sub-section (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, shall 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 o r 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 receive 
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 
25
[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 
26
[ 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. 
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 sub-section (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 
disorder 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 
                                                           
25Substituted for the words “government concerned”  by the Punjab Mental Healt h (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.11. 
26Substituted for the words “Government concerned” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and 
published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.11. 
conditions as that Court thinks fit to impose. 
(4) Without prejudice to the generality powers given above, 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 DISORDERE D 
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 Ordinance.  
(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 defence 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 Ordinance. 
(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. 
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 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 sub-section (1) after  making payments as provided in that sub-section, 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. 
CHAPTER VII 
PROTECTION OF HUMAN RIGHTS OF MENTALLY DISORDERE D PERSONS  
49. Cases of attempted suicide.– A person who attempts 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  
treatmen t  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 patient 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 treatment. 
(3) Without prejudice to the application of sub-section (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, ill-treats,  
maltreat 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 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 sub-section (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 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.  
(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 DISORDERE D 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 is 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 Inspector-General 
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 Inspector-General  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 empower 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 PSYCHIATRI C SERVICES  
55. Forensic psychiatric services.– (1) Special security forensic psychiatri c 
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. 
(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 
27
[Government] may make such order, not 
inconsistent with the provision of this Ordinance, as may appear to 
28
[it] to be 
necessary for the purpose of removing the difficulty: 
Provided that no such power shall be exerci sed after the expiry of two years 
from the coming into force of this Ordinance.  
59. Power to make rules.– 
29
[(1) The Government may, 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 psychiatr ic facility may be 
                                                           
27Substituted for the word “President” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab 
Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.12. 
28Substituted for the word “him”  by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab 
Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.12. 
29Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), 
dated 29.5.2014, pages 3991-3993, s.13. 
licensed. 
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 immediately 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.