Last Change:
05/02/2025
Sindh Mental Health Act, 2013
Year: 2013
Type: Domestic law
Rights Category: Health
Description
An Act to regulate the matters relating to the mentally disordered persons with respect to their care, treatment, management of their property and other related matters. Whereas it is expedient to regulate the matters relating to mentally disordered persons, to make better provisions and 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.
Selected provisions
(1) For the purposes of this Act, Government shall constitute, by notification in the official Gazette, the Sindh Mental Health Authority.
(2) The Authority shall consist of a Chairperson and not more than fourteen members to be appointed by Government.
(3) The members of the Authority shall be as follows:-
(i) Retired Judge of the High Court of Sindh;
(ii) Secretary Health or Special Secretary (Public Health), Health Department, Government of Sindh;
(iii) The Director General, Health Services Sindh, Hyderabad;
(iv) Additional Secretary (Technical or Public Health), Health Department, Government of Sindh;
(v) Medical Superintendent of Teaching Hospitals to be nominated by Government;
(vi) Medical Superintendent, Sir C.J Institute of Psychiatry Hyderabad;
(vii) Six Eminent psychiatrists and a Psychologist of more than ten years experience to be nominated by Government;
(viii) A woman nominated by the Women Development Department, Government of Sindh;
(ix) Deputy Secretary (Technical or Public Health), Health Department, Government of Sindh;
(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 Government.
(5) The Chairperson and the members of the Authority shall be appointed for a tenure of four years. The Chairperson and a member may resign from his office in writing addressed to the Chief Secretary, Government of Sindh.
(6) The Chairperson or a member of the Authority may be removed from his office by 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) to advise Government on all matters relating to promotion of mental health and prevention of mental disorder;
(b) to develop and establish new standards for care and treatment of patients;
(c) to recommend measures to improve existing mental health services and setting up of child and adolescence, psychogeriatric, forensic, learning disability and community based services;
(d) to prescribe procedures with respect to setting up and functioning of the mental health services and facilities;
(e) to prescribe a code of practice to be implemented for achieving the purposes and objects of this Act as well as to be followed by all the mental health personnel involved with the care of patients under this Act;
(f) to provide for regular review by the Board to ensure that the provisions of this Act for assessment and treatment are being properly carried out, whether or not requested by any individual, patient or his relative;
(g) to prescribe for care, aftercare or rehabilitation, under supervision or otherwise;
(h) to provide for and regulate the setting up of help lines and crisis centres for the general public with regard to mental health;
(i) to provide for, organize and regulate public awareness programs and promote research, publish journals, bulletins, magazines, and other educational material on mental health issues;
(j) to discharge such other functions with respect to matters relating to mental health as Government may require;
(k) to register psychiatrists for the purposes of this Act, in such manner as may be prescribed; and
(l) to arrange and organize such courses and training programs as may be necessary for carrying out the purposes and objects of this Act.
(8) The Authority may, by notification in the official gazette, make regulations in respect of functions specified in sub-section (7).
(1) Government may, within the limits of the Province, establish or maintain psychiatric facilities for the assessment, admission, treatment, rehabilitation, care and after care of mentally disordered patients at such places, as it deems fit.
(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) psycho geriatric 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 behavioral changes.
(1) Community based mental health services shall be setup for providing mentally disordered persons, their families and others involved in their care with guidance, education, rehabilitation, aftercare 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 aftercare can be provided on an informal or voluntary basis.
(1) When an arrangement has been made with any foreign state with respect to the placement of a patient, Government may issue a notification under this Act.
(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 Government.
(3) The functions of the Magistrate shall be performed by such officer as Government may by general or special order appoint in this behalf, and such officer shall be deemed to be a Magistrate having jurisdiction over the alleged mentally disordered person for the purposes of this section.
(4) Government may specify approval psychiatrists for the purpose of this section.