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NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETRADATION AND MULTIPLE DISABILITIES ACT, 1999
44 of 1999
30th December, 1999
An Act to provide for the constitution of a body at the national level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retradation and Multiple Disabilities and for matters connected therewith or Incidental thereto. Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the National Trust for Welfare of Persons with Autism. Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
SECTION 02: DEFINITIONS
-In this Act, unless the context otherwise requires.-
(a) "autism" means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour;
(b) "Board" means Board of trustees constituted under section 3-;
(c) "cerebral palsy" means of group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal. perinatal or infant period of development:
(d) "Chairperson" means the Chairperson of the Board appointed under clause (a) of sub-section (4) of Section 3-;
(e) "Chief Executive Officer" means the Chief Executive Officer appointed under sub- section (1) of Section 8-;
(f) "Member" means a Member of the Board and includes the Chairperson;
(g) "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence;
(h) "multiple disabilities" means a combination of two or more disabilities as defined in clause (1) ofSection 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996)-,
(i) "notification" means a notification published in the Official Gazette:
(j) "person with disability" means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability.
(k) "prescribed" means prescribed by rules made under this Act;
(l) "professional" means a person who is having special expertise in a field which would promote the welfare of persons with disability;
(m) "registered organisation" means an association of persons with disability or an association of parents of persons with disability or a voluntary organistion, as the case may be, registered under Section 12-;
(n) "regulations" means the regulations made by the Board under this Act,
(o) "severe disability" means disability with eighty per cent. or more of one or more of multiple disabilities;
(p) "Trust" means the National Trust for Welfare of Persons with Autism.Cerebral Palsy. Mental Retradation and Multiple Disability constituted under sub-section (1) of Section 3-
SECTION 03: CONSTITUTION OF THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY. MENTAL RETARDATION AND MULTIPLE DISABILITY, ETC
(1) With effect from such date as the Central Government may, by notification, appoint, there shall be constituted, for the purposes of this Act, a body by the name of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, which shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property; both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(2) The general superintendence, direction and management of the affairs and business of the Trust shall vest in a Board which may exercise all powers and do all acts and things which may be exercised or done by the Trust.
(3) The head office of the Trust shall be at New Delhi and the Board may. with the previous approval of the Central Government, establish offices at other places in India.
(4) The Board shall consist of-
(a) a Chairperson to be appointed by the Central Government from amongst
the persons having expertise and experience in the field of autism, cerebral palsy, mental retardation and multiple disability;
(b) nine persons to be appointed in accordance with such procedure as may be prescribed from amongst the registered organisations out of which three members each shall be from voluntary organisations, association of parents of persons with autism, cerebral palsy, mental retardation and multiple disability and from association of persons with disability, Members ;
Provided that initial appointment under this clause shall be made by the Central Government by nomination;
(c) eight persons not below the rank of Joint Secretary to the Government of India nominated by that Government to represent the Ministries or Departments of Social Justice and Empowerment, Women and Child Development, Health and Family Welfare. Finance, Labour, Education, Urban
Affairs and Employment and Rural Employment and Poverty Alleviation. Members, ex officio;
(d) three persons to be nominated by the Board representing the associations of trade. commerce and industry engaged in philanthropic activities. Members:
(e) the Chief Executive Officer, who, shall be of the rank of Joint Secretary to the Government of India, Member-Secretary, ex officio.
(5) The Board may associate with itself, in such manner and for such purposes may be determined by regulations, any person whose assistance or advice it may desire for carrying out the objects of the Trust :
Provided that such person shall have a right to take part in the discussions relevant to that purpose but shall not have a right to vote at a meeting of the Board arid shall not be a member for any other purpose :
Provided further that the maximum number of persons so associated shall not exceed eight and so far as possible the person so associated shall belong to the registered organisation or from the professionals.
SECTION 04: TERM OF OFFICE OF CHAIRPERSON AND MEMBERS, MEETING OF BOARD, ETC
(1) The Chairperson or a Member shall hold office for a term of three years from the date of his appointment or until his successor shall have been duly appointed, whichever is longer:
Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years.
(2) The conditions of service of the Chairperson and other Members shall be such as may be prescribed.
(3) A casual vacancy in the Board shall be filled in accordance with the provisions of Section 3-and a person appointed shall hold office only for the remainder of the term for which the member, in whose place he was appointed, would have held that office.
(4) Before appointing any person as the Chairperson or a Member, the Central Government shall satisfy itself that the person does not and will not, have any such financial or other interest as is likely to affect prejudicially his functions as such Member.
(5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holds office.
(6) The Board shall meet at least once in three months at such time and place as may be determined by the Board by regulations and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed.
(7) The Chairperson if for any reason is unable to attend the meeting of the Board. any Member elected by the Members present from amongst themselves at the meeting, shall preside at the meeting.
(8) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the Members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the person presiding shall have a second or casting vote.
SECTION 05: RESIGNATION OF CHAIRPERSON AND MEMBERS
(1) The Chairperson may resign his office by writing under his hand addressed to the Central Government:
Provided that the Chairperson shall continue in office until the appointment of his successor is made by the Central Government.
(2) A Member may resign from office by writing under his hand addressed to the Chairperson.
SECTION 06: DISQUALIFICATIONS
-No person shall be a Member if he-
(a) is, or becomes, of unsound mind or is so declared by a competent court; or
(b) is. or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
(c) is, or at any time has been, adjudicated as an insolvent.
SECTION 07: VACATION OF OFFICE BY MEMBERS
-If a member-
(a) becomes subject to any of the disqualifications mentioned in section 6-; or
(b) is, without obtaining leave of absence, absent from three consecutive meetings of the Board; or
(c) tenders his resignation under Section 5-, his scat shall thereupon become vacant.
SECTION 08: CHIEF EXECUTIVE OFFICER AND STAFF OF TRUST
(1) The Central Government shall appoint the Chief Executive Officer to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairperson.
(2) The Board shall, with the previous approval of the Central Government, appoint such other officers and employees as it considers necessary to carry out the objectives of the Trust.
(3) The salary and allowances payable to, and the other terms and conditions of service of, the Chief Executive Officer, other officers and employees of the Trust shall be such as may be determined by regulations.
SECTION 09: VACANCIES IN BOARD NOT TO INVALIDATE ACTS, ETC
-No act or proceeding of the Board shall be called in question on the grounds merely of the existence of any vacancy in, or any defect in the constitution of, the Board.
SECTION 10: OBJECTS OF TRUST
-The objects of the Trust shall be-
(a) to enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong;
(b) to strengthen facilities to provide support to persons with disability to live within their own families;
(c) to extend support to registered organisations to provide need based services during the period of crisis in the family of persons with disability;
(d) to deal with problems of persons with disability who do not have family support:
(e) to promote measures for the care and protection of persons with disability in the event of death of their parent or guardian;
(f) to evolve procedure for the appointment of guardians and trustees for persons with disability requiring such protection;
(g) to facilitate the realisation of equal opportunities, protection of rights and full participation of persons with disability; and
(h) to do any other act which is incidental to the aforesaid objects.
SECTION 11: POWERS AND DUTIES OF BOARD
(1)The Board shall.-
(a) receive from the Central Government a one-time contribution of rupees one hundred crores for a corpus, the income whereof shall be utilised to provide for adequate standard of living for persons with disability;
(b) receive bequest of movable property from any person for the benefit of the persons who disability in general and for furtherance of the objectives of the Trust in particular:
Provided that it shall be obligatory on the part of the Board to make arrangement for adequate standard of living for the beneficiary named in the bequest, if any, and to
utilise the property bequeathed for any other purpose for which the bequest has been made :
Provided further that the Board shall not be under any obligation to utilise the entire amount mentioned in the bequest for the exclusive benefit of the persons with disability named as beneficiary in the bequest;
(c) receive from the Central Government such sums as may be considered necessary in each financial year for providing financial assistance to registered organisations for carrying out any approved programme.
(2) For the purposes of sub-section (1), the expression "approved programme" means-
(a) any programme which promotes independent living in the community for persons with disability by-
(i) creating a conducive environment in the community;
(ii) counselling and training of family members of persons with disability;
(iii) setting up of adult training units, individual and group homes;
(b) any programme which promotes respite care, foster family care or day care service for persons with disability;
(c) setting up of residential hostels and residential homes for persons with disability;
(d) development of self-help groups of persons with disability to pursue the realisation of their rights;
(e) setting up of local level committee to grant approval for guardianship; and
(f) such other programmes which promote the objectives of the Trust.
(3) While earmarking funds for the purposes of clause (c) of sub-section (2), preference shall be given .to women with disability or to persons with severe disability and to senior citizens with disability.
Explanation.-For the purposes of this sub-section, the expression.-
(a) "persons with severe disability" shall have the same meaning as is assigned to It under sub-section 56 of the Persons with Disabilities (Equal Opportunities, Protection of Rigths and Full Participation) Act, 1995 (1 of 1996)-;
(b) "senior citizen" means a person who is above the age of sixty-five years or more.
SECTION 12: PROCEDURE FOR REGISTRATION
(1) Any association of persons with disability, or any association of parents of persons with disability or a voluntary organisation whose main object is promotion of welfare of persons with disability may make an application for registration to the Board.
(2) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain such particulars and accompanied with such documents and such fees as may be provided in the regulations.
(3) On receipt of application for registration, the Board may make such enquiries as it thinks fit in respect of genuineness of the application and correctness of any particulars thereon.
(4) Upon receipt of such application the Board shall either grant registration to the applicant or reject such application for reasons to be recorded in writing;
Provided that where registration has been refused to the applicant, the said applicant may again make an application for registration after removing defects, if any, in its previous application.
SECTION 13: CONSTITUTION OF LOCAL LEVEL COMMITTEES
(1) The Board shall constitute a local level committee for such area as may be specified by It from time to time.
(2) A local level committee shall consist of-
(a) an officer of the civil service of the Union or of the State, not below the rank of a District Magistrate or a District Commissioner of a district;
(b) a representative of a registered organisation; and
(c) a person with disability as defined in clause (t) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996)-.
(3) A local level committee shall continue to work for a period of three years from the date of its constitution or till time it is reconstituted by the Board.
(4) A local level committee shall meet at least once in every three months or at such interval as may be necessary.
SECTION 14: APPOINTMENT FOR GUARDIANSHIP
(1) A parent of a person with disability or his relative may make an application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability.
(2) Any registered organisation may make an application in the prescribed form to the local level committee for appointment of a guardian for a person with disability:
Provided that no such application shall be entertained by the local level
committee unless the consent of the guardian of the disabled person is also obtained.
(3) While considering the application for appointment of a guardian, the local level committee shall consider-
(a) whether the person with disability needs a guardian;
(b) the purposes for which the guardianship is required for person with disability.
(4) The local level committee shall receive, process and decide applications received under sub-sections (1) and (2) in such manner as may be determined by regulations:
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