Provided that no patient shall be discharged under this section if the psychiatrist in charge
certifies in writing that the patient is unfit to be discharged for reasons of his own health and safety or
the safety of others.
22. Application by a patient for discharge.__(1) Any patient, not being a mentally disordered
prisoner, who feels that he has recovered from his mental disorder, may make an application to the
Magistrate for his discharge from the psychiatric facility.
(2) The Magistrate may after making such inquiry as he may deem fit, pass an order discharging
the person or dismiss the application:
Provided that no subsequent application for discharge shall be made by the patient during the said
period of detention.
23. Discharge of a detained person found not to be mentally disordered after assessment. If
any person admitted in a psychiatric facility is subsequently found not to be mentally disordered
and is capable of taking care of himself and managing his affairs, an approved psychiatrist, of the said
facility shall forthwith, discharge such person from the psychiatric facility and notify the fact to the
referring authority and the nearest relative.
24. Duty of hospital management to inform relatives of the discharge. Where a patient
detained under this Ordinance in a psychiatric facility is to be discharged, the management of the
psychiatric facility shall take such steps as are practicable to inform the relative (if any), of the
patient and or the applicant (if any), and or any suitable person who is willing to accept the
responsibility to take care and custody of the said patient; and that information shall, if practicable,
be given at least seven days before the date of discharge.
25. Application for discharge to Magistrate. Where any patient is admitted under section 10 or
11, his relatives may apply to the Magistrate within the local limits of whose jurisdiction the
psychiatric facility is situated for his discharge and the Magistrate may, in consultation with
psychiatrist in charge of the treatment, after giving notice to the person at whose instance he was
admitted and after making such inquiry as he may deem fit, either allow or dismiss the application:
Provided that no subsequent application for discharge shall be made during the said period of
detention.
26. Notice about serious illness or death. If a patient becomes seriously ill or dies, that fact shall
be notified to his nearest relatives, if known or on whose application the patient was admitted and
also to the authority by whom the patient was referred to the psychiatric facility.
27. Transfer and removal. Transfer and removal of patient placed in a psychiatric facility to
another such facility in the same Province or some other Province shall be carried out in accordance
with any general or special order of the Provincial Government with the consent of the other
Provincial Government, provided that a notice of such intended transfer or removal has been given to
the applicant.
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