THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT, 1999

1999 · State unknown · central · act_text

Sections (43)

1 · 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 · Definitions . — In this Act, unless the context otherwise requires—

1 · The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f 31 -10 -2019).

3 · 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 .

4 · 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 1

2 · [(1A) The Central Government shall initiate the process for appointment of the Chairperson or Member, as the case may be, at least six months prior to the expiry of the term of office of such Chairperson or Member.]

1 · The words "or until his successor shall have been duly appointed, whichever is longer" omitted by Act 35 of 2018, s. 2 (w.e.f. 29-12-2018).

2 · Ins. by s. 2, ibid. (w.e.f. 29-12-2018).

1 · [Provided that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the Chairperson until such vacancy is filled in.]

5 · Resignation of Chairperson and Members . — (1) The Chairperson may resign his office by writing under his hand addressed to the Central Government:

6 · Disqualifications . —N —No person shall be a Member if he—

7 · Vacation of office by Members . — If a member— r—

8 · 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.

1 · Ins. by Act 35 of 2018, s. 2 (w.e.f. 29-12-2018).

2 · Subs. by s. 3, ibid., for "until the appointment of his successor is made by the Central Government" (w.e.f. 29 -12 -2018).

9 · 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.

10 · Objects of Trust . — The objects of the Trust shall be—

11 · Powers and duties of Board. — (1) The Board shall—

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 .

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 .

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 .

15 · Duties of guardian . — Every person appointed as a guardian of a person with disability under this Chapter shall, wherever required, either have the care of such person of disability and his property or be responsible for the maintenance of the person with disability .

16 · Guardian to furnish inventory and annual accounts . — (1) Every person appointed as a guardian under section 14 shall, within a period of six months from the date of his appointment, deliver to the authority which appointed him, an inventory of immovable property belonging to the person with disability and all assets and other movable property received on behalf of the person with disability, together with a statement of all claims due to and all debts and liabilities due by such person with disability.

17 · Removal of guardian . — (1) Whenever a parent or a relative of a person with disability or a registered organisation finds that the guardian is—

18 · Accountability . — (1) The books and documents in the possession of the Board shall be open to inspection by any registered organisation.

19 · Monitoring . — The Board shall determine by regulations the procedure for evaluating the prefunding status of registered organisations seeking financial assistance from it and such regulations may

20 · Annual general meeting . — (1) The Board shall in each year hold an annual general meeting of registered organisations, and not more than six months shall elapse between the date of one annual general meeting and that of the next.

21 · Grants by the Central Government . — The Central Government may, after due appropriation made be Parliament by law in this behalf, make to the Trust a one-time contribution of rupees one hundred crores for a corpus, the income whereof may be utilised to achieve the objects of the Trust under this Act.

22 · Fund . — (1) There shall be constituted a Fund to be called the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Fund and there shall be credited thereto —

23 · Budget . — The Board shall prepare, in such form and at such time in each financial year as may be prescribed, the budget for the next financial year showing the estimated receipt and expenditure of the Trust and shall forward the same to the Central Government.

24 · Accounts and audit . — (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Trust including the income and expenditure accounts in such form as the Central Government may prescribe and in accordance with such general direction as may be issued by that Government in consultation with the Comptroller and Auditor-General of India .

25 · Annual report . — The Board shall prepare every year, in such form and within such time as may beprescribedanannualreportgivingatrueandfullaccountofitsactivitiesduringthepreviousyearand

26 · Authentication of orders, etc . —A —All orders and decisions of the Board and instruments issued in the name of the Trust shall be authenticated by the signature of the Chairperson, the Chief Executive Officer or any other officer authorised by the Chairperson in this behalf. f.

27 · Returns and information . — The Board shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time .

28 · Power of Central Government to issue directions . — (1) Without prejudice to the foregoing provisions of this Act, the Board shall, in exercise of its powers or the performance of its duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:

29 · Power of Central Government to supersede Board . — (1) If the Central Government on the complaint of a registered organisation or otherwise has reason to believe that the Board is unable to perform or has persistently made default in the performance of the duties imposed on it, the Central Government may issue notice to the Board asking why it should not be superseded:

30 · Exemption from tax on income . —N —Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), or any other law for the time being in force relating to tax on income, profits or gains, the Trust shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains derived.

31 · Protection of action taken in good faith . —N —No suit, prosecution or other legal proceeding shall lie against the Central Government or the Trust or any member of the Board or Chief Executive Officer or any officer or other employee of the Trust or any other person authorised by the Board to perform duties under this Act for any loss or damage caused or likely to be caused by anything which is done in good faith.

32 · Chairperson, Members and officers of Trust to be public servants . —A —All Members, Chief Executive Officer, other officers and employees of the Trust shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

33 · Delegation . — The Board may, by general or special order in writing, delegate to the Chairperson or any member or any officer of the Trust or any other person subject to such conditions and limitations, if any, as may be specified in the order such of its powers under this Act (except the power to make regulations under section 35) as it may deem necessary .

34 · Power to make rules . — (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act .

35 · Power to make regulations . — (1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and rules generally to carry out the purposes of this Act .

36 · Rules and regulations to be laid before Parliament . — Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Subordinates (27)

TH %o_fo "do-33004/99

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REGD NQ DL-3300499

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REGD. NO. D. L.-33004/99

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(The (Sazette of 3ndia

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PART III—Section 4

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HRT *7 ~y The Gazette of India 3HTYRU EXTRAORDINARY HTT II - RUG 3-34-&UG (i ) PART II-Sector 3-Sub-section wifeqR 4 wa1fR1a PUBLISHED BY AU

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The Gazette of India

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PART II — Section 3 — Sub -section (ii)

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THE NATIONAL TRUST RULES, 2000

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