{ "schema_version": "qanun-law-text/1", "id": "punjab-code-0d9be7dbdd3ec5b1", "title": "MENTAL HEALTH ORDINANCE FOR PAKISTAN 2001", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BzJXYldhU2I-", "version": null, "source_snapshot": "2026-08-06T16:40:19Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "7877825d37e635746bed611d39783ccdacce8754a6b2f639cb3e718ee8b1e0bc", "source_sha256": "7877825d37e635746bed611d39783ccdacce8754a6b2f639cb3e718ee8b1e0bc", "text_version_id": "law:punjab-code-0d9be7dbdd3ec5b1:sha256:7877825d37e635746bed611d39783ccdacce8754a6b2f639cb3e718ee8b1e0bc", "quality_flags": [], "encoding": "UTF-8", "text": "THE MENTAL HEALTH ORDINANCE, 2001 \r\n(VIII of 2001) \r\nCONTENTS \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definition s \r\nCHAPTER-II \r\nESTABLISHMEN T OF [PUNJAB MENTAL HEALTH AUTHORITY ] \r\n3. Punjab Mental Health Authority \r\n4. Constitution of Board of Visitors \r\n5. Powers and functions of the Board \r\n6. Establishmen t of psychiatric facilities by the Government \r\nCHAPTER-III \r\nASSESSMENT AND TREATMENT \r\n7. Care in the Community \r\n8. Care and Treatment on an informal or voluntary basis \r\n9. Duration for periods of detention for assessment, treatment, urgent \r\nadmission and emergency holding \r\n10. Admission for assessment \r\n11. Admission for treatment \r\n12. Admission for assessment in cases of urgency \r\n13. Emergency Holding \r\n14. Emergency Powers \r\n15. Application by whom to be presented \r\n16. Effect of application for admission \r\n17. General provisions as to applications and medical recommendation s \r\n18. Rectification of applications and recommendations \r\n19. Mentally disordered persons found in public places \r\nCHAPTER-IV \r\nLEAVE AND DISCHARGE \r\n20. Order of leave \r\n21. Discharge of a patient \r\n22. Application by a patient for discharge \r\n23. Discharge of a detained person found not to be mentally disordere d after \r\nassessment \r\n24. Duty of hospital management to inform relatives of the discharge \r\n25. Application for discharge to Magistrate \r\n26. Notice about serious illness or death \r\n27. Transfer and removal \r\n28. Foreign nationals \r\nCHAPTER-V \r\nJUDICIAL PROCEEDINGS FOR APPOINTMENT OF GUARDIAN OF PERSON \r\nAND MANAGER OF THE PROPERTY OF THE MENTALLY DISORDERED \r\n29. Judicial proceedings \r\n30. Regulation of proceedings of the Court of Protection \r\n31. Inquiry by subordinate Court on commission issued by the Court of \r\nProtection and proceedings thereon \r\n32. Appointment of guardian \r\n33. Management of property of mentally disordered person \r\n34. Responsibilit y of manager \r\n35. Allowanc e payable to guardian \r\n36. Powers of manager of property of mentally disordered person \r\n37. Furnishing of inventory of immovable property, etc \r\n38. Inquiry by Court of Protection in certain cases. \r\n39. Disposal of business premises under the direction of Court of Protection \r\n40. Investment of assets of mentally disordered person \r\n41. Appointment of a new manager or guardian \r\n42. Dissolution of partnership \r\n43. Securities, etc., of mentally disordered person \r\n44. Maintenance during temporary mental disorder \r\n45. Inquiry by Court of Protection into cessation of mental disorder \r\n46. Appeal to High Court \r\nCHAPTER-VI \r\nLIABILITY TO MEET COST OF MAINTENANCE OF MENTALLY DISORDERE D \r\nPERSON ADMITTED IN A PSYCHIATRIC FACILITY \r\n47. Liability to meet cost of maintenance of a patient admitted in a psychiatric \r\nfacility \r\n48. Maintenance out of pay, pension, etc \r\nCHAPTER-VII \r\nPROTECTION OF HUMAN RIGHTS OF MENTALLY DISORDERE D PERSONS \r\n49. Cases of attempted suicide \r\n50. Confidentiality \r\n51. Informed consent \r\nCHAPTER VIII \r\nOFFENCES AND INDEMNITY \r\n52. Penalty for making false statement, etc \r\n53. Indemnity \r\nCHAPTER-IX \r\nINSPECTION OF MENTALLY DISORDERE D PRISONERS \r\n54. Inspection of mentally disordered prisoners \r\nCHAPTER-X \r\nFORENSIC PSYCHIATRI C SERVICES \r\n55. Forensic psychiatric services \r\nCHAPTER-XI \r\nMISCELLANEOUS \r\n56. Specialized Psychiatric Treatments \r\n57. Provisions for public and private sector psychiatric facilities \r\n58. Removal of difficultie s \r\n59. Power to make rules \r\n60. Ordinance to override \r\n61. Repeal and saving \r\nTEXT \r\n1\r\nTHE MENTAL HEALTH ORDINANCE, 2001 \r\n(VIII of 2001) \r\n[20th February , 2001] \r\nAn \r\nOrdinance \r\nto consolidate and amend the law relating to the mentally disordered persons with \r\nrespect to their care and treatment, the management of their property and other \r\nrelated matters \r\nWHEREAS it is expedient to consolidate and amend the law relating to the \r\ntreatment and care of mentally disordered persons, to make better provisions for \r\ntheir care, treatment, management of properties and affairs and to provide for \r\nmatters connected therewith or incidental thereto and to encourage community \r\ncare of such mentally disordered persons and further to provide for the promotion \r\nof mental health and prevention of mental disorder; \r\nAND WHEREAS the National Assembly and the Senate stand suspended in \r\npursuanc e of the Proclamation of Emergency of the fourteenth day of October, 1999, \r\nand the Provisional Constitution Order No. 1 of 1999; \r\nAND WHEREAS the President is satisfied that circumstances exist which \r\nrender it necessary to take immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of Emergency of the \r\nfourteent h day of October, 1999 , and the Provisional Constitution Order No. 1 of \r\n1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and \r\nin exercise of all powers enabling him in that behalf, the President of the Republic \r\nof Pakistan is pleased to make and promulgate the following Ordinance:– \r\nCHAPTER I \r\nPRELIMI NARY \r\n1. Short title, extent and commencement.– (1) This Ordinance may be called the \r\nMental Health Ordinance, 2001. \r\n(2) It extends to the whole of \r\n2\r\n[the Punjab]. \r\n \r\n1Pursuant to the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of \r\n1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in t hat \r\nbehalf, the President of the Republic of Pakistan prom ulgate this Ordinance on 20 February 2001 ; and, was published in the Punjab \r\nGazette (Extraordinary), Pt I, dated 20 February 2001, pages 115-48. \r\nThis Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by \r\nvirtue of 18th Amendment in the Constitution, hence it was adopted, with amendments, for the province of the Punjab by the Punjab \r\nMental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), da ted 29.5.2014, pages \r\n3991-3993. \r\n(3) It shall come into force with effect from the 20th day of February, 2001. \r\n2. Definition s.– (1) In this Ordinance, unless there is anything repugnant in the \r\nsubject or context,– \r\n(a) “approved psychiatrist” means a medical practitione r possessin g a \r\nrecognized postgraduate qualification and registered with the Pakistan \r\nMedical and Dental Council and also approved by the Authority; \r\n(b) “Authority” means the \r\n3\r\n[ Punjab Mental Health Authority ] constituted \r\nunder section 3; \r\n(c) “cost of maintenance” in relation to a mentally disordered person, \r\nincludes the cost of lodging, maintenance, clothing, medicine and care \r\nof a mentally disordered person and any expenditure incurred in \r\nremoving such mentally disordered person to and from a \r\npsychiatric facility together with any other charges specified in this \r\nbehalf by the Government; \r\n(d) “Court of Protection” means a District Court having jurisdiction under \r\nthis Ordinance in matters specified herein and designated as such by \r\nthe Government; \r\n(e) “Court” means a Court of Protection; \r\n4\r\n[(f) “Government” means Government of the Punjab;] \r\n(g) “health facility” means any basic health unit, rural health centre, \r\nTehsil hospital, district hospital, teaching hospital and any private \r\nmedical facility, supervised by a medical practitioner; \r\n(h) “hospital management” means personnel operating and or managing \r\nany psychiatric facility or a health facility that has provision for indoor \r\ntreatment for the mentally disordered; \r\n(i) “informed consent” means voluntary and continuing permission of the \r\npatient or if the patient is a minor his nearest relative or guardian, as the \r\ncase may be, for assessment or to receive a particular treatment based \r\non an adequate knowledge of the purpose, nature, likely effects, and \r\nrisks of that treatment including the likelihood of its success and any \r\nalternatives to it and the cost of treatment; \r\n(j) “Magistrate” means a Judicial Magistrate of the first class specially \r\nempowered by the Government to perform functions and exercise \r\npowers of a Magistrate under this Ordinance; \r\n \r\n2Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), \r\ndated 29.5.2014, pages 3991-3993, s.3. \r\n3Substituted for the words “Federal Mental Health Author ity” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). \r\n4Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), \r\ndated 29.5.2014, pages 3991-3993, s.4. \r\n(k) “medical officer” means a medical graduate serving in a Government \r\nhealth facility and registered with the Pakistan Medical and Dental \r\nCouncil; \r\n(l) “medical practitioner” means a medical graduate registered with the \r\nPakistan Medical and Dental Council with good standing; \r\n(m) “mental disorder” means mental illness, including mental impairment, \r\nsevere personality disorder, severe mental impairment and any other \r\ndisorder or disability of mind and “mentally disordered” shall be \r\nconstrued accordingly and as explained hereunder: \r\n(i) “mental impairment” means a state of arrested or incomplete \r\ndevelopment of mind (not amounting to severe mental \r\nimpairment) which includes significant impairment of intelligence \r\nand social functioning and is associated with abnormally \r\naggressive or seriously irresponsible conduct on the part of the \r\nperson concerned and “mentally impaired” shall be construed \r\naccordingly; \r\n(ii) “severe personality disorder” means a persistent disorder or \r\ndisability of mind (whether or not including significant impairment \r\nof intelligence) which results in abnormally aggressive or seriously \r\nirresponsible conduct on the part of the person concerned; \r\n(iii) “severe mental impairment” means a state of arrested or \r\nincomplete development of mind which includes severe \r\nimpairment of intelligence and social functioning and is associated \r\nwith abnormall y aggressive or seriously irresponsible conduct on \r\nthe part of the person concerned and “severely mentally \r\nimpaired” shall be construed accordingly; \r\nExplanation:– Nothing contained in clause (m), sub- clauses (i), (ii) and (iii) above \r\nshall be construed as implying that a person may be dealt with under this \r\nOrdinance as suffering from mental disorder or from any other form of such \r\nmental disorder defined in this section, by reason only of promiscuity or other \r\nimmoral conduct, sexual deviancy or dependence on alcohol or drugs. \r\n(n) “mentally disordered prisoner” means a person, who is a prisoner for \r\nwhose detention in or removal to a psychiatric facility or other place of \r\nsafety, an order has been made in accordance with the provisions of \r\nsection 466 or section 471 of the Code of Criminal Procedure, 1898 \r\n(Act V of 1898), section 30 of the Prisoners Act, 1900 (III of 1900), \r\nsection 130 of the Pakistan Army Act, 1952 (XXXIX of 1952) \r\nsection 143 of the Pakistan Air Force Act, 1953 (VI o f 1953) or \r\nsection 123 of the Pakistan Navy Ordinance, 1961 (XXXV of 1961); \r\n(o) “minor” means a child or adolescent not having attained the age of \r\neighteen years; \r\n(p) “patient” means a person who is under treatment and care; \r\n(q) “place of safety” means a Government run health facility, a \r\npsychiatric facility, or residence of any suitable relative who is \r\nwilling to temporarily receive the patient; \r\n(r) “prescribed” means prescribed by rules or regulations as the case may \r\nbe, made under this Ordinance; \r\n(s) “psychiatric facility” means a hospital, institute, ward, clinic, nursing \r\nhome, day-care institution, half-way house, whether in public or \r\nprivate sector involved in the care of mentally disordered persons; \r\n(t) “psychiatrist” means a medical practitioner possessing a recognized \r\npostgraduate qualification in psychiatry and registered with the \r\nPakistan Medical and Dental Council; \r\n(u) “relative” means and includes any person related by blood or \r\nmarriage or adoption under the personal law, with the mentally \r\ndisordered person; \r\n(v) “rules” means the rules made under this Ordinance; \r\n(w) “specialized psychiatric treatments” means electro-convulsive treatment, \r\nanti-psychotic depot injection , psychosurgery, and such other form of \r\ntreatment as may be specified for the purposes of this Ordinance; \r\nand \r\n(x) “treatment of mentally disordered person” means the assessment and \r\ntreatment of a mentally disordered person and shall include \r\nassessment, care, training, habilitation as well as rehabilitation \r\ntechniques or measures, as the case may be. \r\nCHAPTER II \r\nESTABLISHMEN T OF \r\n5\r\n[PUNJAB MENTAL HEALTH AUTHORITY ] \r\n3. \r\n6\r\n[Punjab Mental Health Authority].– (1) For the purposes of this Ordinance, \r\nthe \r\n7\r\n[Government] shall constitute, by notification in the official Gazette, the \r\n8\r\n[Punjab \r\nMental Health Authority]. \r\n9\r\n[(2) The Authority shall consist of a Chairperson and not more than ten \r\nmembers to be appointed by the Government.] \r\n \r\n5Substituted for the words “Federal Mental Health Authority” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). \r\n6Substituted for the words “Federal Mental Health Authority” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). \r\n7Substituted for the words “Federal Government” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published \r\nin the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(a) \r\n8Substituted for the words “Federal Mental Health Authority” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(b). \r\n9Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), \r\ndated 29.5.2014, pages 3991-3993, s.5(a). \r\n10\r\n[(3) The members of the Authority shall be as follows: \r\n(i) Secretary to the Government, Health Department; \r\n(ii) Chief Consultant Psychiatrist, Punjab Institute of Medical Health, Lahore; \r\nand \r\n(iii) three eminent psychiatrists and two eminent psychologists of at least ten \r\nyears’ standing.] \r\n (4) The Chairperson and the members of the Authority, other than ex-\r\nofficio members, shall be appointed on such terms and conditions as may be \r\ndetermined by the \r\n11\r\n[ Government]. \r\n (5) The Chairperson and the members of the Authority shall be appointed \r\nfor a tenure of fours years. The Chairperson and a member may resign from his \r\noffice in writing addressed to the \r\n12\r\n[Government]. \r\n (6) The Chairperson or a member of the Authority may be removed \r\nfrom his office by the \r\n13\r\n[Government], for reasons of misconduct, or if he is unable to \r\nperform functions of his office, on account of mental or physical incapacity or for any \r\nother reason. \r\n(7) The Authority established under sub-section (1) shall carry out the \r\nfollowing functions,– \r\n(a) advise the Government on all matters relating to promotion of mental \r\nhealth and prevention of mental disorder; \r\n(b) develop and establish new national standards for care and treatmen t of \r\npatients; \r\n(c) recommend measures to improve existing mental health services and \r\nsetting up of child and adolescence, psychogeriatric , forensic , learning \r\ndisability and community based services; \r\n(d) prescribe procedures with respect to setting up and functioning of the \r\nmental health services and facilities; \r\n(e) prescribe a code of practice to be implemented for achieving the \r\npurposes and objects of this Ordinance as well as to be followed by all \r\nthe mental health personnel involved with the care of patients under \r\nthis Ordinance; \r\n(f) provide for regular review by the Board of Visitors to ensure that the \r\n \r\n10Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 29.5.2014, pages 3991-3993, s.5(b). \r\n11Substituted for the words “Federal Government” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published \r\nin the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.2(a) \r\n12Substituted for the words “ Secretary, Ministry of Health, Government of Pakistan ” by the Punjab Mental Health (Amendment) Act \r\n2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.5(c). \r\n13Substituted for the words “Secretary, Ministry of Health, Gove rnment of Pakistan” by the Punjab Mental Health (Amendment) Act \r\n2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.5(c). \r\nprovisions of this Ordinance for assessment and treatment are being \r\nproperly carried out, whether or not requested by any individual, \r\npatient or his relative; \r\n(g) prescribe for care, aftercare or rehabilitation, under supervision or \r\notherwise; \r\n(h) provide for and regulate the setting up of help lines and crisis centres \r\nfor the general public with regard to mental health; \r\n(i) provide for, organize and regulate public awareness programs and \r\npromote research, publish journals, bulletins, magazines , and other \r\neducational material on mental health issues; \r\n(j) discharge such other functions with respect to matters relating to \r\nmental health as the Government may require; \r\n(k) register psychiatrists for the purposes of this Ordinance, in such \r\nmanner as may be prescribed; and \r\n(l) arrange and organize such courses and training programs as may be \r\nnecessary for carrying out the purposes and objects of this Ordinance. \r\n(8) The Authority may, by notification in the official gazette, make \r\nregulation s in respect of functions specified in subsection (7). \r\n4. Constitution of Board of Visitors.– (1) The Authority shall, in consultation \r\nwith the Government \r\n14\r\n[***] establish Boards of Visitors for carrying out the \r\npurposes of this Ordinance as hereinafter provided. \r\n(2) There shall be a Board of Visitors \r\n15\r\n[***] which shall consist of– \r\n(a) A Chairperson who is or has been a Judge of the High Court; \r\n(b) two psychiatrists, one having a minimum experience of ten years in \r\nGovernment service; \r\n(c) one prominent citizen of good standing; \r\n(d) two medical practitioners of repute with a minimum standing of twelve \r\nyears, one of whom shall be a nominee of Pakistan Medical and Dental \r\nCouncil; and \r\n(e) Director General Health Services \r\n16\r\n[***] or his nominee. \r\n(3) The Chairperson and members of the Board shall be appointed for a \r\ntenure of two years. \r\n(4) No member shall be deputed to perform any duty as a visitor to a \r\n \r\n14Omitted the word “concerned” by the Punjab Mental Health (Amendment) Act 201 4 (XI of 2014) ; and published in the Punjab \r\nGazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.6(a). \r\n15Omitted the words “at the Provincial level” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the \r\nPunjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.6(b). \r\n16Omitted the words “of the Province” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab \r\nGazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.6(b). \r\npsychiatric facility wherein he has a direct or indirect conflict of interest. \r\n5. Powers and functions of the Board.– (1) The Board may, at any time, \r\nenter and inspect any psychiatric facility within its area of responsibility and require \r\nthe production of any records and documents for inspection to ensure that they are \r\nin proper order. \r\n(2) The Board shall periodically inspect every part of a psychiatric \r\nfacility and examine as far as possible every patient and mentally disordered \r\nprisoner. The Board shall inspect records and documents relating to the patients \r\nand mentally disordered prisoners since last visitation by the Board. \r\n(3) The Board may make recommendations to a psychiatric facility, the \r\nAuthority and the Government, concerning improvement of conditions of such facility. \r\n(4) The Authority may order the Board to visit any patient in case it \r\nappears necessary for the purpose of investigating any particular matter, or matters \r\nrelated to the capacity of the patient to manage his property and affairs, or \r\notherwise, relating to the exercise of its functions. In compliance of this order, the \r\nBoard may visit the facility or nominate a sub-committee of not less than two \r\nmembers: – \r\n(a) the Board or the sub-committee, making a visit under this sub-section \r\nshall make such report on the visit as the Authority may order; \r\n(b) the Board or the sub-committee, making a visit under this sub-section \r\nmay interview and examine a patient in private and may require the \r\nproduction of and inspect any documents and/or medical records \r\nrelating to the patient; \r\n(c) where the sub-committee visits a facility it shall report to the Board \r\nand the Board shall make its final report to the Authority; and \r\n(d) where the Board or a sub-committee is to visit a mentally \r\ndisordered prisoner, it shall also include the Inspector General of \r\nPrisons, or his nominee. \r\n(5) Where the Board is satisfied that any patient in a psychiatric facility is \r\nnot receiving proper care or treatment, it may report the matter to the Authority \r\nwhich may issue such directions as it may deem fit to the medical practitioner, or \r\npsychiatrist in charge of the psychiatric facility, as the case may be, who shall be \r\nbound to comply with such directions. \r\n(6) The Board shall enter remarks in a register to be kept for that \r\npurpose in regard to the management and condition of a psychiatric facility and the \r\ninmates therein. \r\n(7) Any information obtained by any member of the Board in the course \r\nof his duties or which comes to the knowledge otherwise, shall not be disclosed \r\nexcept to the authorised person(s). \r\n6. Establishmen t of psychiatric facilities by the Government.– \r\n17\r\n[(1) The \r\nGovernment may establish or maintain psychiatric facilities for the assessment, \r\nadmission, treatment, rehabilitation , care and after care of mentally disordered patients \r\nat such places, as it deems fit.] \r\n(2) The psychiatric facilities established under sub-section (1) may \r\norganize or maintain separate units for– \r\n(a) persons who are above the age of eighteen years; \r\n(b) child and adolescence psychiatric units; \r\n(c) psychogeriatric units for the elderly; and \r\n(d) persons who have been convicted of any offence and are mentally \r\ndisordered for whom special security measures shall be required. \r\n(3) Where drug dependence units need to be established, they shall be \r\nset up separately which may be within the premises of the psychiatric facility for \r\npeople who are not mentally disordered but have drug dependence or patients with \r\ndrug induced behavioura l changes. \r\nCHAPTER III \r\nASSESSMENT AND TREATMENT \r\n7. Care in the Community.– (1) Community based mental health services shall \r\nbe set up for providing mentally disordered persons, their families and others \r\ninvolved in their care with guidance, education, rehabilitation, after care and \r\npreventive measures and other support services on an informal basis. \r\nExplanation :– For the purposes of this section, community shall include, family, \r\nhome, workplace, educational institutions and other places where care and after care \r\ncan be provided on an informal or voluntary basis. \r\n8. Care and Treatment on an informal or voluntary basis.– Any person who \r\nhimself seeks or is brought by a relative or is referred by a medical practitioner or is \r\nreferred by any authority for forensic psychiatric assessment, shall be examined \r\nby a psychiatrist or a medical officer nominated by him who shall record his \r\nfindings in writing and decide that the patient be treated on an out-patient basis or \r\notherwise. Any such person on withdrawal of his consent may be discharged in \r\naccordance with the provisions of this Ordinance. \r\n9. Duration for periods of detention for assessment, treatment, urgent \r\nadmission and emergency holding.– For the purposes of this Ordinance, there \r\nare four types of detention of a patient, namely; (1) admission for assessment, (2) \r\nadmission for treatment, (3) urgent admission, and (4) emergency holding. The \r\nduration for each type of detention shall be as follows :– \r\n(a) The period of detention for the purposes of assessment shall be up \r\n \r\n17Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), \r\ndated 29.5.2014, pages 3991-3993, s.7. \r\nto 28 days from the date of application made under section 10; \r\n(b) The period of detention for the purposes of treatment shall be up \r\nto six months from the date of application made under section 11, and \r\nis renewable under the provisions of the said section; \r\n(c) The period of detention for the purposes of urgent admission shall be \r\nup to 72 hours from the time of application made under section 12; and \r\n(d) The period of detention in the case of a patient for the \r\npurposes of emergency holding already in hospital, shall be up to 24 \r\nhours from the time of application made under section 13. \r\n10. Admission for assessment.– (1) A patient may be admitted to a Psychiatri c \r\nFacility and detained there for the period allowed by subsection (4) in pursuance of \r\nan application made in accordance with subsections (2) and (3). \r\n(2) An application for admission for assessment may be made in respect \r\nof a patient on the grounds that– \r\n(a) he is suffering from mental disorder of a nature or degree which \r\nwarrants the detention of the patient in a psychiatric facility for \r\nassessment (or for assessment followed by initial treatment) for at \r\nleast a limited period; and \r\n(b) he ought to be so detained in the interests of his own health or safety or \r\nwith a view to the protection of other persons; and \r\n(c) specifying that care and treatment in the community and on an informal \r\nand voluntary basis is not possible. \r\n(3) An application for admission for assessment shall be founded on the \r\nwritten recommendations in the prescribed form of two medical practitioners, one \r\nof whom should be a medical officer and one should be a psychiatrist, or where a \r\npsychiatrist is not available, a medical practitioner with experience in psychiatry, \r\nincluding in each case a statement that in the opinion of such medical practitioners \r\nthe conditions set out in sub-section (2) above are complied with. \r\n(4) A patient admitted to a psychiatric facility in pursuance of an \r\napplication for admission for assessment may be detained for a period not \r\nexceeding 28 days beginning with the day on which application was made under \r\nthis section, but shall not be detained after the expiration of that period unless \r\nbefore it has expired he has become liable to be detained by virtue of a \r\nsubsequent application, order or direction under the provisions of this Ordinance. \r\n(5) Where a psychiatrist deems it fit he may discharge the patient from \r\ndetention and advise the patient to continue treatment on voluntary basis. \r\n(6) The patient, his relative or guardian shall have the right of filing only \r\none appeal against the order of detention under this section to a Court of Protection \r\nwithin a period of 14 days from the day on which the application was made. The \r\ndecision of the Court of Protection shall be final for the period of detention under this \r\nsection. \r\n11. Admission for treatment.– (1) A patient may be admitted to a psychiatric \r\nfacility and detained there for the period allowed by the following provisions, in \r\npursuance of an application made in accordance with this section. \r\n(2) An application for admission for treatment may be made in respect \r\nof a patient on the grounds that– \r\n(a) he is suffering from mental illness, severe mental impairment, severe \r\npersonality disorder or mental impairment and his mental disorder is of \r\na nature or degree which makes it appropriate for him to receive \r\nmedical treatment in a psychiatric facility; and \r\n(b) it is necessary for the health or safety of the patient or for the \r\nprotection of other persons that he should receive such treatment \r\nand it cannot be provided unless he is admitted under this section. \r\n(3) An application for admission for treatment shall be founded on the \r\nwritten recommendations, on the prescribed form of two medical officers, one of \r\nwhom shall be an approved psychiatrist, including in each case a statement that \r\nin the opinion of such medical officers the conditions set out in sub-section (2) \r\nabove are complied with; and each such recommendation shall include– \r\n(a) such particulars as may be prescribed of the grounds for that opinion \r\nso far as it relates to the conditions set out in clause (a) of that sub- \r\nsection; and \r\n(b) a statement of the reason for that opinion so far as it relates to the \r\nconditions set out in clause (b) of that sub-section, specifying, \r\nwhether other methods of dealing with the patient are available and, if \r\nso, why they are not appropriate. \r\n(4) A patient admitted to a psychiatric facility in pursuance of an \r\napplication under this section may be detained in a psychiatric facility, for a period \r\nnot exceeding six months allowed by clause (b) of section 9 but shall not be so \r\ndetained or kept for any longer period unless the authority for his detention is \r\nrenewed under this section– \r\n(a) the authority for detention of a patient may, unless the patient has \r\npreviously been discharged, be renewed from the expiration of the \r\nperiod of six months referred to in sub-section above, for a further \r\nperiod of six months; \r\n(b) from the expiration of any period of renewal under clause (a) above, for \r\na further period of one year, if necessary and so on for periods of one \r\nyear at a time. \r\n(5) The patient, his relative or guardian may file an appeal against the \r\norder of detention under this section to a Court of Protection: \r\nProvided that only one appeal shall lie during the subsistence of each \r\nperiod of detention. \r\n12. Admission for assessment in cases of urgency.– In any case of urgent \r\nnecessity, an application for admission for assessment may be made in respect of a \r\npatient in accordance with the following provisions– \r\n(i) an urgent application may be made either by a relative of the \r\npatient or medical officer; and every such application shall include a \r\nstatement that it is of urgent necessity for the patient to be admitted \r\nand detained under this section and that compliance with the \r\nprovisions relating to an application for treatment, under section 11 \r\nwould involve undesirable delay; \r\n(ii) an urgent application shall be sufficient in the first instance if founded \r\non the medical recommendation of an approved psychiatrist or \r\nhis nominated medical officer and if practicable, the nominated \r\nmedical officer shall not be the same medical officer referred to in sub-\r\nclause (i) above; \r\n(iii) an urgent application shall cease to have effect after 72 hours from the \r\ntime when the patient is admitted under this section to the \r\npsychiatri c facility unless– \r\n(a) the second medical recommendation required by section 11 \r\nabove is given and received by the psychiatrist in-charge of the \r\nfacility within the said period of 72 hours; and \r\n(b) that such recommendation and the recommendation referred \r\nto in sub-clause (ii) above together comply with all the \r\nrequirement s as contained in section 17. \r\n13. Emergency Holding.– If in the case of a patient who is receiving treatment for \r\nmental disorder as an inpatient in a psychiatric facility who wishes or attempts to \r\nleave and it appears to a medical officer– \r\n(i) that the patient is suffering from mental disorder to such a degree \r\nthat it is necessary for his health or safety or for the protection of \r\nothers, for him to be prevented from leaving the facility, and \r\n(ii) that it is not practicable to secure the immediate attendance of the \r\npsychiatrist in charge or his nominated medical officer for the \r\npurpose of furnishing a medical recommendation , \r\nthe medical officer shall record that fact in writing and in that event the \r\npatient may be detained in the hospital for a period of 24 hours from \r\nthe time when the fact is so recorded or until the earlier arrival of the \r\npsychiatrist in charge or his nominated medical officer. \r\n14. Emergency Powers.– Where in case of an emergency a medical \r\npractitione r is unable to obtain informed consent in writing, he may administer \r\ntreatment , notwithstandin g the provisions of section 51, that in his professional \r\nopinion, is necessary for:– \r\n(i) saving the patient’s life; or \r\n(ii) preventing serious deterioration of his condition; or \r\n(iii) alleviating serious suffering by the patient; or \r\n(iv) preventing the patient from behaving violently or being a danger to \r\nhimself or to others. \r\n15. Application by whom to be presented.– (1) Subject to the provisions of \r\nsubsection (3) the application on a prescribed form shall be presented by the \r\nhusband or wife of the patient or, if there is no husband or wife or the husband \r\nor wife is prevented by reason of mental disorder, absence from Pakistan or \r\notherwise from making the presentation, by the nearest relative of the patient. \r\n(2) If the application is not presented by the husband or wife, or, where \r\nthere is no husband or wife, by the nearest relative of the patient, the application \r\nshall contain a statement of the reasons why it is not so presented, by the \r\nhusband, wife or the nearest relative and of the connection of the applicant with \r\nthe patient, and the circumstances under which he presents the application. \r\n(3) No person shall present an application unless he has attained the \r\nage of majority and has within fourteen days before the presentation of the \r\napplication, personall y seen the said patient. \r\n(4) The application shall be signed and verified by the applicant, \r\nand the statement of prescribed particulars by the person making such statement. \r\n16. Effect of application for admission.– (1) An application for the admission of \r\na patient to a psychiatric facility under this Ordinance, duly completed in \r\naccordance with the section under which he is being admitted, shall be sufficient \r\nauthority for the applicant or any person authorized by the applicant, to take the \r\npatient and convey him to a psychiatri c facility at any time within the following \r\nperiods, that is to say– \r\n(a) in the case of an application made other than an emergency \r\napplication within the period of 14 days beginning with the date from \r\nwhich the patient was last examined by an approved Psychiatrist or \r\nmedical officer, as the case may be, before giving a medical \r\nrecommendation for the purposes of the application; \r\n(b) in the case of an emergency application, under section 12, the period of \r\n24 hours beginning at the time when the patient was examined by an \r\napproved psychiatrist or his nominated medical officer giving the \r\nmedical recommendation which is referred to in section 11 above, or at \r\nthe time when the application is made, whichever is the earlier. \r\n(2) Where a patient is admitted within the said period to a psychiatric \r\nfacility as mentioned in sub-section (1), on an application made under sections 10, \r\n11 or 12, as the case may be, the application shall be sufficient authority for the \r\nhospital management to detain the patient in the said facility in accordance with the \r\nprovisions of this Ordinance. \r\n(3) Any application for the admission of a patient under sections 10, 11 or \r\n12, as the case may be, and which appears to be duly made and is founded on \r\nthe necessary medical recommendations, may be acted upon without further proof \r\nof the signature or qualification of the person by whom the application or any such \r\nmedical recommendation is made or given or of any matter of fact or opinion stated \r\ntherein. \r\n(4) Once a patient is admitted to a psychiatric facility in pursuance of an \r\napplication for admission for treatment, any previous application under this \r\nOrdinance by virtue of which he was detained in a psychiatric facility shall cease to \r\nhave effect. \r\n17. General provisions as to applications and medical recommendation s.– \r\n(1) General provisions as to applications:– \r\n(a) subject to provisions of this section, an application for admission for \r\nassessment or for treatment may be made either by the nearest \r\nrelative of the patient, by an approved psychiatrist or nominated \r\nmedical officer; and every such application shall specify the qualification \r\nof the applicant to make such an application; \r\n(b) every application for admission shall be addressed to the hospital \r\nmanagement to which admission is sought; \r\n(c) before or within a reasonable time after an application for the \r\nadmission of a patient for assessment is made by an approved \r\npsychiatrist or a nominated medical officer, as the case may be, he \r\nshall take such steps as are practicable to inform the person (if any) \r\nappearing to be the nearest relative of the patient, that the \r\napplication is to be or has been made; \r\n(d) none of the applications mentioned in sub-section (1) above shall be \r\nmade by any person in respect of a patient unless that person has \r\npersonally seen the patient within the period of 14 days ending with \r\nthe date of application; \r\n(e) any recommendation given for the purposes of an application for \r\nadmission for treatment, may describe the patient as suffering from \r\nmore than one form of mental disorder, namely, severe mental \r\nimpairment, severe personality disorder, mental impairment, or any \r\nother disorder or disability of mind: \r\nProvided that the application shall be of no effect unless the patient is \r\ndescribed in each of the recommendations as suffering from the same form of \r\nmental disorder whether or not he is also described in either of those \r\nrecommendations as suffering from another form. \r\n(f) each of the applications mentioned in subsection (1) above shall be \r\nsufficient if the recommendations on which it is founded are given \r\neither as separate recommendations, or as a joint recommendation \r\nsigned by the medical officer and a psychiatrist. \r\n(2) General provisions as to medical recommendations:– \r\n(a) where recommendations are required for the purposes of an \r\napplication under this Ordinance, they shall be signed on or before \r\nthe date of the application, and shall be given by a medical officer or an \r\napproved psychiatrist who have examined the patient either \r\ntogether or separately, but where they have examined the patient \r\nseparately not more than five days must have elapsed between the \r\ndays on which those separate examination s took place; \r\n(b) Of the medical recommendations given for the purposes of any \r\napplication as referred under clause (a) above, one shall be given by an \r\napproved psychiatrist and unless that psychiatrist has previous \r\nacquaintance with the patient, the other such recommendation shall, if \r\npracticable, be given by a medical officer who has such previous \r\nacquaintance. \r\n18. Rectification of applications and recommendations.– (1) If within the \r\nperiod of 14 days beginning with the day on which application was made in respect \r\nof the patient to be admitted to a psychiatric facility for assessment or for treatment \r\nthe application or any medical recommendation given for the purposes of the \r\napplication, is found to in any respect incorrect or defective, the recommendation or \r\napplication may, within that period and with the consent of the management of the \r\npsychiatric facility, be amended by the person by whom it was signed; and upon such \r\namendment being made the application or recommendation shall have effect and \r\nshall be deemed to have had effect as if it had been originally made as so amended. \r\n(2) Without prejudice to sub-section (1) above, if within the period \r\nmentioned in that sub-section it appears to the management of the psychiatric \r\nfacility that one of the two medical recommendations on which the application for \r\nadmission of a patient is founded is insufficient to warrant the detention of the \r\npatient in pursuance of the application, they may, within that period, give notice in \r\nwriting to that effect to the applicant; and where any such notice is given in \r\nrespect of a medical recommendation, that recommendation shall be disregarded, \r\nbut the application shall be, deemed always to have been, sufficient if– \r\n(a) a fresh recommendation complying with the relevant provision s of this \r\nOrdinance (other than the provisions relating to the time of \r\nsignature and the interval between examinations) is furnished to the \r\nhospital management within that period; and \r\n(b) the fresh recommendation, and the other recommendatio n given \r\nearlier on which the application is founded, together comply with those \r\nprovisions. \r\n(3) Where the medical recommendations upon which an application for \r\nadmission is founded are, taken together, insufficient to warrant the detention of \r\nthe patient in pursuance of the application, notice under subsection (2) above may \r\nbe given in respect of either of those recommendations; but this subsection shall \r\nnot apply in a case where the application is of no effect by virtue of clause (e) of \r\nsub-section (1) of section 17 above. \r\n(4) Nothing in this section shall be construed as authorizing the giving of \r\nnotice in respect of an application made as an emergency application, or the \r\ndetention of a patient admitted in pursuance of such an application after the period \r\nof 72 hours referred to in clause (iii) of section 12 above unless the conditions set \r\nout in clauses (a) and (b) of that section are complied with or would be complied \r\nwith apart from any error or defect to which this applies. \r\n19. Mentally disordered persons found in public places.– (1) If an officer in \r\ncharge of a police station finds in a place to which the public have access, a person \r\nwhom he has reason to believe, is suffering from a mental disorder and to be in \r\nimmediate need of care or control the said officer may, if he thinks it necessary to \r\ndo so in the interest of that person or for the protection of other persons, remove that \r\nperson to a place of safety, which means only a Government run health facility, a \r\ngovernment run psychiatric facility, or hand him over to any suitable relative \r\nwho is willing to temporarily receive the patient. \r\n(2) A person removed to a place of safety under this section may be \r\ndetained there for a period not exceeding 72 hours for the purpose of enabling \r\nhim to be examined by a psychiatrist or his nominated medical officer and for \r\nmaking any necessar y arrangements for his treatment or care. \r\nCHAPTER IV \r\nLEAVE AND DISCHARGE \r\n20. Order of leave.– (1) An application in the prescribed form, for leave of \r\nabsence in regard to any mentally disordered person (not being a mentally \r\ndisordered prisoner) who is formally admitted in any psychiatric facility may be \r\nmade to the psychiatrist in charge of the facility, by a relative who is desirous of \r\ntaking care and custody of such mentally disordered person for a specified period, \r\nrequesting that he may be allowed on his application to take care and custody \r\nof such a patient and subject to the assessment by a psychiatrist, in charge of the \r\nsaid facility, who may allow or deny the said application: \r\nProvided that no application under this sub-section shall be made by a \r\nperson who has not attained the age of majority. \r\n(2) Every application under sub-section (1) shall be accompanied by an \r\nundertaking – \r\n(a) to take proper care of the mentally ill patient; \r\n(b) to prevent the mentally ill patient from causing injury to himself or to \r\nothers; and \r\n(c) to bring back the mentally ill patient to the said facility on the expiry of \r\nthe period of leave. \r\n(3) On receipt of the application under sub-section (1), the psychiatrist in \r\ncharge may grant leave of absence to the mentally ill person for such period as he \r\nmay deem necessary and subject to such conditions as may, in the interests of the \r\npersonal safety of the mentally ill patient or for the protection of others, be specified \r\nin the order. \r\n(4) In case a patient is not returned by the relative after a specified \r\nperiod of leave, the said psychiatrist shall report to the magistrate, in whose \r\njurisdiction the psychiatri c facility is situated, and the referring authority and the \r\nMagistrate if satisfied, may direct the police to recover and return the said patient \r\nto the psychiatric facility. \r\n(5) In any case where a patient is absent from a psychiatric facility in \r\npursuance of order of leave granted under this section and it appears to the \r\npsychiatrist that is it necessary to do so in the interest of the patients’ safety or for \r\nthe protection of other persons, he may by notice in writing given to the patient or \r\nto the person for the time being in-charge of the patient, revoke the leave of \r\nabsence and recall the patient to the psychiatric facility. \r\n(6) If after the passage of reasonable time after the notice as given under \r\nsub- section (5) above, the patient does not return or is not returned, then the \r\npsychiatrist may report to the Magistrate and the referring authority of the reasons of \r\nrevoking the leave of absence. \r\n(7) If the Magistrate is satisfied with the report of the psychiatrist \r\nand the reasons as mentioned in this section, he may direct the police to locate \r\nand produce the patient before him on a specified date and the Magistrate after \r\nhearing the patient, the person in charge and the concerned psychiatrist or their \r\nrepresentatives, may make an order placing the patient in the psychiatric facility or \r\nallow him to continue being in the care and custody of the person in charge or may \r\nmake such other orders as he may deem fit. \r\n(8) Without prejudice to what has been stated above in this section, the \r\nperiod of detention under provisions of section 10 or 11 shall continue during the \r\nperiod for which order of leave was granted: \r\nProvided that a patient in whose favour order of leave has been granted \r\nunder this section shall not be recalled, after he has ceased to be liable to be \r\ndetained for the periods specified under section 10 or 11, unless he is absent, at \r\nthe expiration of period specified under the above referred sections, without leave \r\nfrom the psychiatric facility. \r\n21. Discharge of a patient.– (1)The psychiatrist in-charge of the treatment of a \r\npatient, may by order in writing, direct discharge of the patient at any time he deems \r\nit appropriate. \r\n(2) Where any order of discharge is made under sub-section (1), in \r\nrespect of a person who has been admitted or is undergoing treatment as a patient \r\nin pursuance of an order of a referring authority, a copy of such order shall be \r\nimmediately forwarded to that authority by the psychiatrist in charge. \r\n(3) Any person admitted in a psychiatric facility under an order made in \r\npursuance of an application made under this Ordinance, may be discharged on an \r\napplicatio n made to the psychiatrist in charge: \r\nProvided that no patient shall be discharged under this section if the \r\npsychiatrist in charge certifies in writing that the patient is unfit to be discharged for \r\nreasons of his own health and safety or the safety of others. \r\n22. Application by a patient for discharge.– (1) Any patient, not being a \r\nmentally disordered prisoner, who feels that he has recovered from his mental \r\ndisorder, may make an application to the Magistrate for his discharge from the \r\npsychiatric facility. \r\n(2) The Magistrate may after making such inquiry as he may deem fit, \r\npass an order discharging the person or dismiss the application. \r\nProvided that no subsequent application for discharge shall be made by the \r\npatient during the said period of detention. \r\n23. Discharge of a detained person found not to be mentally disordere d after \r\nassessment.– If any person admitted in a psychiatric facility is subsequently found \r\nnot to be mentally disordered and is capable of taking care of himself and \r\nmanaging his affairs, an approved psychiatrist, of the said facility shall forthwith, \r\ndischarge such person from the psychiatric facility and notify the fact to the referring \r\nauthority and the nearest relative. \r\n24. Duty of hospital management to inform relatives of the discharge.– \r\nWher e a patient detained under this Ordinance in a psychiatric facility is to be \r\ndischarged, the management of the psychiatric facility shall take such steps as are \r\npracticable to inform the relative (if any), of the patient and or the applicant (if \r\nany), and or any suitable person who is willing to accept the responsibility to take \r\ncare and custody of the said patient; and that information shall, if practicable, be \r\ngiven at least seven days before the date of discharge. \r\n25. Application for discharge to Magistrate.– Where any patient is admitted \r\nunder section 10 or 11, his relatives may apply to the Magistrate within the local \r\nlimits of whose jurisdiction the psychiatric facility is situated for his discharge and the \r\nMagistrate may, in consultation with psychiatrist in charge of the treatment, after \r\ngiving notice to the person at whose instance he was admitted and after making \r\nsuch inquiry as he may deem fit, either allow or dismiss the application: \r\nProvided that no subsequent application for discharge shall be made during \r\nthe said period of detention. \r\n26. Notice about serious illness or death.– If a patient becomes seriously ill \r\nor dies, that fact shall be notified to his nearest relatives, if known or on whose \r\napplication the patient was admitted and also to the authority by whom the patient \r\nwas referred to the psychiatric facility. \r\n27. Transfer and removal.– Transfer and removal of patient placed in a \r\npsychiatric facility to another such facility in \r\n18\r\n[ any other Province or territory of \r\n \r\n18Substituted for the words “the same Province or some other Province” by the Punjab Mental Health (Amendment) Act 2014 (XI of \r\n2014); and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.8 \r\nPakistan] shall be carried out in accordance with any general or special order of \r\nthe \r\n19\r\n[ Government with the consent of the Government of that Province or territory] \r\nprovided that a notice of such intended transfer or removal has been given to the \r\napplicant. \r\n28. Foreign nationals.– (1) When an arrangement has been made with any \r\nforeign state with respect to the placement of a patient, the Federal Government \r\nmay issue a notification under this Ordinance directing the \r\n20\r\n[Government for such \r\nplacement of the patient]. \r\n(2) On publication of a notification under sub-section (1), the agent of the \r\nforeign state in which the alleged mentally disordered person ordinarily resides may \r\nmake an application for an order to the \r\n21\r\n[Government]. \r\n(3) The functions of the Magistrate shall be performed by such officer \r\nas the \r\n22\r\n[***] Government may by general or special order appoint in this behalf, \r\nand such officer shall be deemed to be the Magistrate having jurisdiction over the \r\nalleged mentally disordered person for the purposes of this section. \r\n(4) The \r\n23\r\n[***] Government may specify approved psychiatrists for the \r\npurposes of this section. \r\nCHAPTER V \r\nJUDICIAL PROCEEDINGS FOR APPOINTMENT OF GUARDIAN OF PERSON \r\nAND MANAGER OF THE PROPERTY OF THE MENTALLY DISORDERED \r\n29. Judicial proceedings.– Whenever any person is possessed of property \r\nand is alleged to be mentally disordered, the Court of Protection, within whose \r\njurisdictio n such person is residing may, upon application by any of his relatives \r\nhaving obtained consent in writing of the \r\n24\r\n[Advocate Ge neral Punjab] by order \r\ndirect an inquiry for the purpose of ascertaining whether such person is mentally \r\ndisordered and incapable of managing himself, his property and his affairs. \r\n30. Regulation of proceedings of the Court of Protection.– (1) The following \r\nprovisions shall regulate the proceedings of the Court of Protection with regard to \r\nthe matter to which they relate, namely:– \r\n \r\n19Substituted for the words “Provincial Government with the consent of the other Provincial Government” by the Punjab Menta l \r\nHealth (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-\r\n3993, s.8. \r\n20Substituted for the words “Provincial Government concerned within which such order may be made” by the Punjab Mental He alth \r\n(Amendment) Act 2014 (XI of 2014) ; and published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991 -3993, \r\ns.9(a). \r\n21Substituted for the words “Provincial Government concerned” by the Punjab Mental Health (Amendment) Act 2014 (XI of 201 4); \r\nand published in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.9(b). \r\n22Omitted the word “Provincial” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab \r\nGazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.9(c). \r\n23Omitted the word “Provincial” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab \r\nGazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.9(c). \r\n24Substituted “Advocate General of the Province concerned” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.10. \r\n(a) Notice shall be given to the mentally disordered person of the time and \r\nplace at which it is proposed to hold the inquiry; \r\n(b) if it appears that personal service on the alleged mentally disordered \r\nperson would be ineffectual, the Court may direct such substituted \r\nservice of notice as it thinks fit; \r\n(c) the Court may also direct copy of such notice to be served upon any \r\nrelative of the alleged mentally disordered person and upon any \r\nother person to whom in the opinion of the Court notice of the \r\napplication should be given; \r\n(d) the Court may require the alleged mentally disordered person to \r\nattend, at such convenient time and place as it may appoint for the \r\npurpose of being personally examined by the Court, or to any person \r\nfrom whom the Court may desire to have a report of the mental \r\ncapacity and condition of such mentally disordered person; \r\n(e) the Court may likewise make an order authorising any person or \r\npersons therein named to have access to the alleged mentally \r\ndisordered person for the purpose of personal examination; and \r\n(f) the attendance and examination of the alleged mentally disordered \r\nperson under the provisions of clause (d) and clause (e) shall, if the \r\nalleged mentally disordered person be a woman who, according to \r\ncustoms of the country, ought not to be compelled to appear in public, \r\nbe regulated by the law and practice for the examination of such \r\npersons in other civil cases. \r\n(2) The Court, if it thinks fit, may appoint two or more persons to \r\nact as assessors to the Court in the said proceedings. \r\n(3) Upon the completion of the inquiry, the Court shall determine \r\nwhether the alleged mentally disordered person is suffering from mental disorder \r\nand is incapable of managing himself and his affairs, or may come to a special \r\nfinding that such person lacks the capacity to manage his affairs, but is capable \r\nof managing himself and is not dangerous to himself or to others, or may make any \r\nsuch order it deems fit, in the circumstances of the case, in the best interests of \r\nsuch person. \r\n31. Inquiry by subordinate Court on commission issued by the Court of \r\nProtection and proceedings thereon.– (1) If the alleged mentally disordered \r\nperson resides at a distance of more than fifty miles from the place where the Court \r\nis held to which the application is made, the said Court may issue a Commission to \r\nany sub-ordinate court to make the inquiry, and such subordinate court shall \r\nthereupon conduct the inquiry in the manner hereinbefore provided. \r\n(2) On the completion of inquiry the subordinate court shall transmit the \r\nrecord of its proceedings with the opinion of the assessor, if any have been \r\nappointed, and its own opinion on the case; and the Court shall thereupon proceed \r\nto dispose the application in the manner provided in sub-section (3) of section 30: \r\nProvided that the Court may direct the subordinate court to make such \r\nfurther or other inquiry as it thinks fit before disposing of the application. \r\n32. Appointment of guardian.– Where a mentally disordered person is \r\nincapable of taking care of himself, the Court may appoint any suitable person to be \r\nhis guardian, or order him to be looked after in a psychiatric facility and order for his \r\nmaintenance. \r\n33. Management of property of mentally disordered person.– (1) Where the \r\nproperty of the mentally disordered person who is incapable of managing it, the \r\nCourt shall appoint any suitable person to be the manager of such property. \r\n(2) No person, who is a legal heir of a mentally disordered person, shall \r\nbe appointed under section 32 to be the guardian of such a person or the manager \r\nof his property, as the case may be, unless the Court for reasons to be recorded \r\nin writing considers that such appointment is for the benefit of the mentally \r\ndisordered person. \r\n(3) The guardian of a mentally disordered person and the manager of his \r\nproperty appointed under this Ordinance shall be paid, from out of the property of the \r\nmentally disordered person, such allowance as the Court may determine. \r\n34. Responsibilit y of manager.– A person appointed as a manager of the \r\nproperty of a, under this Ordinance, shall be responsible for the care, cost of \r\ntreatment and maintenance of the mentally disordered person and of such \r\nmember(s) of his family as are dependent on him. \r\n35. Allowanc e payable to guardian.– The manager of the property of the \r\npatient shall pay to the guardian of the patient such allowances as may be fixed \r\nby the Court for the care and maintenance of the patient and of such members of \r\nhis family as are dependent on him. \r\n36. Powers of manager of property of mentally disordered person.– (1) Every \r\nmanager appointed under this Ordinance shall, subject to the provisions of this \r\nOrdinance, exercise the same power in regard to the management of the property \r\nof the mentally disordered person in respect of which he is appointed as \r\nmanager, as the mentally disordered person would have exercised as owner of \r\nthe property, had he not been mentally disordered and shall realize all claims due \r\nto the estate of the mentally disordered person and pay all debts and discharge \r\nall liabilities legally due from that estate and in exercise of powers under this section \r\nregard shall be had first of all to the requirements of the mentally disordered person \r\nand the rights of the creditors, if any:– \r\nProvided that no manager so appointed shall without the permission of the \r\nCourt– \r\n(a) mortgage, create any charge on, or transfer by sale, gift, exchange or \r\notherwise, any movable or immovable property of the mentally \r\ndisordered person; or \r\n(b) lease out or give on bailment any such property. \r\n(2) The permission under proviso to sub-section (1) may be granted \r\nsubject to such conditions or restrictions as the Court may think fit to impose. \r\n(3) The Court shall cause notice of every application for permission to be \r\nserved on any relative or friend of the mentally disordered person and after \r\nconsidering objections, if any, received from the relatives or friends and after \r\nmaking such inquiries as it may deem necessary, grant or refuse permission \r\nhaving regards to the interest of the mentally disordered person. \r\n37. Furnishing of inventory of immovable property, etc.– (1) Every manager \r\nappointed under this Ordinance shall, within a period of three months from the \r\ndate of his appointment, deliver to the Court an inventory of the immovable \r\nproperty belonging to the mentally disordered person and of all assets and other \r\nmovable property received on behalf of the mentally disordered person, together \r\nwith a statement of all claims due on and all debts and liabilities due by such a \r\nperson. \r\n(2) All transactions under this Ordinance shall be made through a bank \r\nauthorized by the Court. \r\n(3) Every such manager shall also furnish to the Court within a period of \r\nthree months of the closure of every financial year, an account of the property and \r\nassets in his charge, the sums received and disbursed on account of the \r\nmentally disordered person and the balance remaining with him. \r\n(4) If any relative of a mentally disordered person impugns, by a petition \r\nto the Court, the accuracy of the inventory or statement referred to in sub-section (1) \r\nor as the case may be, any annual account referred to in sub-section (3), the Court \r\nmay summon the manager and summarily inquire into the matter and make such \r\norder thereon as it thinks fit. \r\n(5) Any relative of a mentally disordered person may, with the leave of the \r\nCourt, sue for an account from any manager appointed under this Ordinance or \r\nfrom any such person after his removal from office or trust, or from his legal \r\nrepresentatives in the case of his death, in respect of any property then or formerly \r\nunder his management or of any sums of money or other property received by him \r\non account of such property. \r\n38. Inquiry by Court of Protection in certain cases.– Where a mentally \r\ndisordered person had, before the onset of his mental disorder, contracted to sell \r\nor otherwise disposed of his property or any portion thereof, the Court may, \r\nafter conducting an inquiry, direct the manager appointed under this Ordinance to \r\nperform such contract and to do such other acts in fulfillment of the contract as the \r\nCourt considers necessary and thereupon the manager shall be bound to act \r\naccordingly. \r\n39. Disposal of business premises under the direction of Court of \r\nProtection.– Where a mentally disordered person had been engaged in business \r\nbefore he became mentally disordered the Court may, if it appears to be in the best \r\ninterest of such a person, after proper hearing notices have been issued to \r\ndependants, relatives for hearing to dispose of his business premises, direct the \r\nmanager appointed under this Ordinance in relation to property of such person to \r\nsell and dispose of such premises and to apply the sale proceeds thereof in such \r\nmanner as the Court may direct and thereupon the manager shall be bound to act \r\naccordingly. \r\n40. Investment of assets of mentally disordered person.– All sums receive d by \r\na manager on account of any estate in excess of what may be required for the \r\ncurrent expenses of a mentally disordered person or for the management of his \r\nproperty, shall be paid into the public treasury on account of the estate, and shall be \r\ninvested, from time to time, through state owned investment agencies, in the \r\ninterest of the mentally disordered person. \r\n41. Appointment of a new manager or guardian.– (1) The manager of the \r\nproperty of a mentally disordered person may resign with the permission of the \r\nCourt, or for sufficient cause and for reasons to be recorded in writing, be removed \r\nby the Court and such Court may appoint a new manager in his place. \r\n(2) Any manager removed under sub-section (1) shall be bound to deliver \r\nthe charge of all property of such a person to the new manager, and to account for \r\nall monies received or disbursed by him. \r\n(3) The guardian of the person of a mentally disordered person may \r\nresign with the permission of the Court, or for sufficient cause and for reasons to \r\nbe recorded in writing, be removed by the Court and such Court may appoint a new \r\nguardian in his place. \r\n42. Dissolution of partnership.– (1) Where a person, being a member of a \r\npartnership firm, is found to be mentally disordered, the Court may, on the \r\napplication of any other partner, order for the dissolution of the partnership or on the \r\napplication of any person who appears to that Court to be entitled to seek such \r\ndissolution dissolve the partnership in accordance with the provisions of the \r\nPartnership Act, 1932 (IX of 1932). \r\n(2) Upon dissolution a partnership firm to which sub-section (1) applies, the \r\nmanager appointed under this Ordinance may, in the name and on behalf of the \r\nmentally disordered person, join with the other partners in disposing of the \r\npartnership property upon such terms, and shall do all such acts for carrying into \r\neffect the dissolution of the partnership as the Court may direct. \r\n(3) Notwithstanding anything detained in the foregoing provisions, the \r\nCourt may, instead of appointing a manager of the estate, order that in the case of \r\ncash, or in the case of any other property, the produce thereof, shall be realized \r\nand paid or delivered to such person as may be appointed by the Court in this \r\nbehalf, to be applied for the maintenance of the mentally disordered person and of \r\nsuch members of his family as are dependent on him. \r\n43. Securities, etc., of mentally disordered person.– (1) Where any stock or \r\nGovernment securities o r any share in a company are standing in the name of, or \r\nvested in , a mentally disordered person beneficially entitled thereto, or in the \r\nmanager dies in the estate or himself becomes mentally disordered, or is out of \r\nthe jurisdiction of the Court, or it is uncertain whether the manager is living or \r\ndead, or neglects or refuses to transfer the stock, securities or shares, or to receive \r\nand pay over thereof the dividends to a new manager appointed in his place, within \r\nfourteen days after being required by the Court to do so, then the Court may \r\ndirect the company or \r\n25\r\n[the Government] to make such transfer, or to transfer the \r\nsame, and to receive an pay over the dividends in such manner as it may direct. \r\n(2) The Court may direct those dividends, the profit of shares, stock \r\nand Government securities shall be deposited in the mentally disordered person’s \r\nbank account. \r\n(3) Where any stock or Government securities or shares in a company is \r\nor are standing in the name of, or vested in, any person residing out of Pakistan, \r\nthe Court upon being satisfied that such person has been declared to be mentally \r\ndisordered and that his personal estate has been vested in a person appointed for \r\nthe management thereof, according to the law of the place where he is residing \r\nmay direct the company or \r\n26\r\n[ the Government] to make transfer of such stock, \r\nsecurities or shares or of any part thereof, to or into the name of the person so \r\nappointed or otherwise, and also to receive and pay over the dividends and \r\nproceeds, as the Court thinks fit. \r\n44. Maintenance during temporary mental disorder.– If it appears to the Court \r\nthat the mental illness of a mentally disordered person is in its nature temporary \r\nand that it is expedient to make provision for a temporary period, for his \r\nmaintenance or for the maintenance of such members of his family as are \r\ndependent on him, the Court may direct his property or a sufficient part thereof to be \r\napplied for the purpose specified therein. \r\n45. Inquiry by Court of Protection into cessation of mental disorder.– (1) \r\nWhere the Court has reason to believe that any person who was found to be \r\nmentally disordered has ceased to be mentally disordered, it may direct any court \r\nsubordinate to it to inquire whether such person has ceased to be mentally \r\ndisordered. \r\n(2) An inquiry under sub-section (1) shall, so far as may be, conducted \r\nunder this Ordinance. \r\n(3) If after an inquiry under this section, it is found that the mental \r\ndisorder of a person has ceased, the Court shall order all actions taken in \r\nrespect of such person under this Ordinance to be set aside on such terms and \r\n \r\n25Substituted for the words “government concerned” by the Punjab Mental Healt h (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.11. \r\n26Substituted for the words “Government concerned” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.11. \r\nconditions as that Court thinks fit to impose. \r\n(4) Without prejudice to the generality powers given above, the court shall \r\nhave powers to make such orders and give such directions as the Court thinks fit, \r\nfor the betterment of such a person. \r\n46. Appeal to High Court.– An appeal shall lie to the High Court from an order \r\nmade by a Court of Protection under this Chapter, within a period of sixty days \r\nfrom the date of order of the said Court. \r\nCHAPTER VI \r\nLIABILITY TO MEET COST OF MAINTENANCE OF MENTALLY DISORDERE D \r\nPERSON ADMITTED IN A PSYCHIATRIC FACILITY \r\n47. Liability to meet cost of maintenance of a patient admitted in a psychiatric \r\nfacility.– (1) The cost of maintenance of a patient admitted in a Government owned \r\npsychiatric facility shall be borne by the Government: \r\nProvided that– \r\n(a) the authority which made the order has not taken an undertaking from \r\nany person to bear the cost of maintenance of such a person; and \r\n(b) there is no provision for bearing the cost of maintenance of such \r\nperson by the Court of Protection under this Ordinance. \r\n(2) Person holding public office or a public servant who is paid by the \r\nGovernment and is mentally disordered shall continue to receive benefit as per \r\nentitlement even after he retires voluntarily or on attainment of the age of \r\nsuperannuation or on the basis of medical invalidation. \r\n(3) In case of defence personnel, the paymaster of the military circle within \r\nwhich any psychiatric facility is situated shall pay to the officer in charge of such \r\nfacility the cost of maintenance of such a mentally disordered person received and \r\ndetained therein under this Ordinance. \r\n(4) Where any such person admitted in a psychiatric facility has an \r\nestate or where any person legally bound to maintain such person has the means to \r\nmaintain such person, the Government or local authority liable to bear the cost of \r\nmaintenance of such a person under any law, for the time being in force, may make \r\nan application to the Court within whose jurisdiction the estate of such a person is \r\nsituated or the person legally bound to maintain the said person and having the \r\nmeans therefore resides, for an order authorizing it to apply his estate towards \r\nthe cost of maintenance or directing the legally bound person to bear the cost of \r\nmaintenance. \r\n(5) Nothing contained in the foregoing provisions shall be deemed to \r\nabsolve a person legally bound to maintain a mentally disordered person from \r\nmaintaining such a person. \r\n48. Maintenance out of pay, pension, etc.– (1) Where any sum is payable in \r\nrespect of pay, pension, gratuity or any allowance to any person by the \r\nGovernment and the person to whom the sum is payable if certified by a \r\nMagistrate under this Ordinance to be a mentally disordered person, the officer \r\nunder whose authority such sum would be payable, may pay to the person having \r\ncharge of the mentally disordered person so much of the said sum, as he thinks fit, \r\nhaving regard to the cost of maintenance of such person and may pay to such \r\nmembers of the family of the mentally disordered person as are dependent on him \r\nfor maintenance, the surplus, if any, or such part thereof, as he thinks fit, having \r\nregard to the expenses of maintenance of such member. \r\n(2) Where there is any further surplus amount available out of the funds \r\nspecified sub-section (1) after making payments as provided in that sub-section, the \r\nGovernment shall hold the same to be dealt with as follows, namely:- \r\n(a) where a mentally disordered person is certified to have ceased to \r\nbe mentally disordered by the Court of Protection within the local limits \r\nof whose jurisdiction such person resides or is admitted, the whole \r\nof the surplus amount shall be paid back to that person; \r\n(b) where a mentally disordered person dies before payment, the whole \r\nof the surplus amount shall be paid over to those of his heirs who \r\nare legally entitled to receive the same; and \r\n(c) where a mentally disordered person dies during his mental disorder \r\nwithout leaving any person legally entitled to succeed to his \r\nestate, the whole of the surplus amount shall be paid into the State \r\nTreasury. \r\nCHAPTER VII \r\nPROTECTION OF HUMAN RIGHTS OF MENTALLY DISORDERE D PERSONS \r\n49. Cases of attempted suicide.– A person who attempts suicide shall be \r\nassessed by an approved psychiatrist and if found to be suffering from a \r\nmental disorder shall be treated appropriately under the provisions of this \r\nOrdinance. \r\n50. Confidentiality.– No patient shall be publicized nor his identity disclosed to \r\nthe public through press or media unless such person chooses to publicise his own \r\ncondition. \r\n51. Informed consent.– (1) Before commencing any investigation or \r\ntreatmen t a psychiatrist or nominated medical officer shall obtain written informed \r\nconsent, on a prescribed form, from the patient or if the patient is a minor, his \r\nnearest relative or a guardian, as the case may be. \r\n(2) Where the consent of a patient to any form of investigation(s ) and or \r\ntreatment(s) has been given the patient or if the patient is a minor, his nearest \r\nrelative or a guardian, as the case may be, may withdraw his consent in writing at \r\nany time before the completion of the treatment. \r\n(3) Without prejudice to the application of sub-section (2) above to any \r\ntreatment given under the plan of treatment to which a patient or if the patient is a \r\nminor, his nearest relative or a guardian, as the case may be, who has consented, \r\nto such a plan may, at any time withdraw his consent in writing to further \r\ntreatment, or to further treatment of any description under the plan of treatment. \r\nCHAPTER VIII \r\nOFFENCES AND INDEMNITY \r\n52. Penalty for making false statement, etc.– (1) Any person who willfully \r\nmakes a false entry or statement in any application, recommendation, report, record \r\nor other document required or authorized to be made for any of the purposes of \r\nthis Ordinance, with an intent to get someone to be detained for assessment or \r\nfor treatment of mentally disordered; or with intent to deceive, makes use of any \r\nsuch entry or statement which he knows to be false, shall be guilty of an offence \r\nunder this Ordinance. \r\n(2) Any person employed in a psychiatric facility, who strikes, ill-treats, \r\nmaltreat or willfully neglects any patient confined in such psychiatric facility or \r\nwillfully violates or neglects any of the provisions of this Ordinance shall be guilty of \r\nan offence. \r\n(3) Any manager of estate of a patient who willfully neglects or refuses to \r\ndeliver his accounts or any property in his possession within the time fixed by the \r\nCourt shall be guilty of an offence. \r\n(4) Without prejudice to criminal prosecution under any other law for the \r\ntime being in force, whoever is guilty of an offence under sub-section (1), (2) or \r\n(3), shall be punishable with imprisonment for a term which may extend to one year \r\nor with fine which may extend to twenty thousand rupees, or with both. \r\n(5) Any person who carries out any form of inhumane treatment, on a \r\nmentally disordered person which includes: trepanning, branding, scalding, beating, \r\nexorcising , chaining to a tree etc. of any such person or subjecting a child to the \r\ncultural practice of rendering him mentally retarded, by inducing microcephaly, or \r\nsubjecting any such person to physical, emotional or sexual abuse, shall be guilty \r\nof an offence, punishable with rigorous imprisonment which may extend to five \r\nyears or with fine extending up to Rs.50,000 or with both. \r\n(6) Any person who contravenes any of the provisions of this Ordinance \r\nor of any rule or regulation made thereunder, for the contravention of which no penalty \r\nis expressly provided in this Ordinance, shall be punishable with imprisonment for a \r\nterm which may extend to six months, or with fine which may extend to ten thousand \r\nrupees, or with both. \r\n53. Indemnity.– (1) No suit, prosecution or other legal proceedings shall lie \r\nagainst any person for anything which is in good faith done or intended to be done in \r\npursuance of this Ordinance or the rules made thereunder. \r\n(2) No suit or other legal proceedings shall lie against the Government for \r\nany damage caused or likely to be caused for anything which is in good faith done \r\nor intended to be done in pursuance of this Ordinance or the rules or orders made \r\nthereunder. \r\nCHAPTER IX \r\nINSPECTION OF MENTALLY DISORDERE D PRISONERS \r\n54. Inspection of mentally disordered prisoners.– (1) Where any person is \r\ndetained under the provisions of section 466 or section 471 of the Code of Criminal \r\nProcedure 1898 (Act V of 1898), section 130 of the Pakistan Army Act, 1952 \r\n(XXXIX of 1952), section 143 of the Pakistan Air Force Act, 1953 (VI of 1953, or \r\nsection 123 of the Pakistan Navy Ordinance, 1961 (XXXV of 1961), the Inspector-\r\nGeneral of Prisons, if the accused person is detained in a jail, and the Board of \r\nVisitors or any two members of such Board, if the accused person is detained in a \r\npsychiatric facility, may visit him in order to ascertain his state of mind and such a \r\ndetainee shall be visited once at least in every six months by the Inspector-General \r\nof Prisons or, as the case may be, the Board or any two members of such Board, \r\nshall make a report as to the state of mind of such person to the authority under \r\nwhose order the accused person is detained and the Inspector-General of Prisons \r\nor, as the case may be, the Board of Visitors or any two members of such Board, \r\nshall make a report as to the state of mind of such person to the authority under \r\nwhose order the accused person is detained. \r\n(2) The Government may empower the officer in charge of the jail in which \r\nsuch accused person is detained to discharge all or any of the functions of the \r\nInspector General of Prisons under sub-section (1). \r\nCHAPTER X \r\nFORENSIC PSYCHIATRI C SERVICES \r\n55. Forensic psychiatric services.– (1) Special security forensic psychiatri c \r\nfacilities shall be developed by the Government to house mentally disordered \r\nprisoners , mentally disordered offenders, as may be prescribed. \r\n(2) Admission, transfer or removal of patients concerned with criminal \r\nproceedings in such facilities shall be under the administrative control of the \r\nInspector General of Prisons. \r\n(3) The Board of Visitors shall have an access to such persons admitted in \r\nforensic psychiatric facility in accordance with the provisions of this Ordinance. \r\nCHAPTER XI \r\nMISCELLANEOUS \r\n56. Specialized Psychiatric Treatments.– (1) Specialized psychiatric treatment \r\nmay be carried out with the informed consent of the patient, on the orders in \r\nwriting by the psychiatrist in charge of the treatment of the patient or his relative or \r\nguardian, if the patient is a minor. \r\n(2) All electro-convulsive treatments shall preferably be administered \r\nunder general anesthesia. \r\n(3) All electro-convulsive treatments shall be advised by a psychiatrist, in \r\ncharge of the patient, recording the reasons for such advice and stating the \r\nreasons as to why the alternative available methods of treatment are not \r\nappropriate. \r\n(4) Administration of long acting anti-psychotic depot injections shall only \r\nbe carried out upon the advice of a psychiatrist for a period as specified in the \r\nprescription and such cases shall be reviewed periodically. \r\n(5) No person shall advise and carry out psychosurgery or make any \r\ndecision to carry out psychosurgery, except in cases where it is decided to be \r\nnecessary and appropriate in a meeting in this regard, attended by a \r\nneurosurgeon, a neurophysician, a physician, two approved psychiatrists and a \r\nclinical psychologist. \r\n57. Provisions for public and private sector psychiatric facilities.– The \r\nprovisions of this Ordinance shall apply to all psychiatric facilities whether in public \r\nand or private sector. \r\n58. Removal of difficulties.– If any difficulty arises in giving effect to any of the \r\nprovisions of this Ordinance, the \r\n27\r\n[Government] may make such order, not \r\ninconsistent with the provision of this Ordinance, as may appear to \r\n28\r\n[it] to be \r\nnecessary for the purpose of removing the difficulty: \r\nProvided that no such power shall be exerci sed after the expiry of two years \r\nfrom the coming into force of this Ordinance. \r\n59. Power to make rules.– \r\n29\r\n[(1) The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Ordinance.] \r\n(2) Without prejudice to the generality of the foregoing power, the rules may \r\nprovide for all or any of the following matters, namely:– \r\n(a) to prescribe forms for any proceedings under this Ordinance; \r\n(b) to prescribe places of admission, places of safety and regulation of \r\ntreatment of mentally disordered persons; \r\n(c) to regulate the admission, care and treatment of under trial persons or \r\nconvicted prisoners; \r\n(d) to regulate the management of a mental health facility; and \r\n(e) to prescribe conditions subject to which a psychiatr ic facility may be \r\n \r\n27Substituted for the word “President” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab \r\nGazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.12. \r\n28Substituted for the word “him” by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014) ; and published in the Punjab \r\nGazette (Extraordinary), dated 29.5.2014, pages 3991-3993, s.12. \r\n29Substituted by the Punjab Mental Health (Amendment) Act 2014 (XI of 2014); and published in the Punjab Gazette (Extraordinary), \r\ndated 29.5.2014, pages 3991-3993, s.13. \r\nlicensed. \r\n60. Ordinance to override.– The provisions of this Ordinance shall have effect \r\nnotwithstanding anything inconsistent therewith contained in any other law for the \r\ntime being in force. \r\n61. Repeal and saving.– (1) The Lunacy Act, 1912 (IV of 1912), is hereby \r\nrepealed. \r\n(2) Notwithstanding the repeal of Lunacy Act, 1912 (IV of 1912), hereinafter \r\nreferred to as the repealed Act,– \r\n(a) all orders made, acts done and powers exercised under the repealed \r\nAct shall be deemed to have been validly made, done and exercised \r\nand deemed always to have had effect accordingly; and \r\n(b) nothing contained in this Ordinance shall be deemed to apply to \r\nproceedings, suits or appeals and applications pending under the \r\nrepealed Act before any court immediately before the commencement of \r\nthis Ordinance and such proceedings, suits, appeals and applications \r\nshall continue to be heard and disposed of in accordance with the \r\nprovisions of the repealed Act.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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