The National Trust Act
The National Trust for the Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, as it is known properly, provides for the constitution of a body at the national level for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities and for matters connected therewith or incidental thereto. This Act, too, extends to the whole of India except the state of Jammu & Kashmir. Excerpts.
|Objects of the 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 organizations to provide need based services during 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 realization 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.|
|Procedure for Registration|
|(1)||Any association of persons with disability, or any association with disability or a voluntary organization 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 the 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.
|Appointment of 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 organization 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 disability person is also obtained.|
|(3)||While considering the application for appointment of a guardian, the local level committee shall consider-|
-whether the person with disability needs a guardian;
-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; Provided that while making recommendation for the appointment of a guardian, the local level committee shall provide for the obligations which are to be fulfilled by the guardian.|
|Duties of Guardian|
|Every person appointed as a guardian of a person with disability under the chapter VI of the act, shall, wherever required, either have the care of such persons of disability and his property or be responsible for the maintenance of the person with disability.|
|Guardian to furnish inventory and annual accounts-|
|(1)||Every person appointed as a guardian under section 14 of the act 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.|
|(2)||Every guardian shall also furnish to the said appointing authority within a period of three months at the close of every financial year, and account of the property and assets in his charge, the sums received and disbursed on account of the person with disability and the balance remaining with him.|
|Removal of Guardian|
|(1)||Whenever a parent or a relative of a person with disability or a registered organization finds that the guardian is-|
(a) Abusing or neglecting a person with disability; or
(b) Misappropriating or neglecting the property, it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian.
|(2)||Upon receiving such application the committee may, if it is satisfied that there is a ground for removal and for reasons to be recorded in writing, remove such guardian and appoint a new guardian in his place or if such a guardian is not available make such other arrangements as may be necessary for the care and protection of person with disability.|
|(3)||Any person removed under sub-section (2) shall be bound to deliver the charge of all property of the person with disability to the new guardian, and to account for all money received or disbursed by him.|
|For the purposes of this Chapter, the expression “relative” includes any person related to the person with disability by blood, marriage or adoption.|
|Finance, Accounts and Audit Grants by the Union Government|
|The central government may, after due appropriation made by the Parliament by law in this behalf, make to the Trust a one-time contribution of rupees one hundred crore for a corpus, the income whereof may be utilized to achieve objects of the Trust under this Act.|
|(1)||There shall be constituted a fund to be called National Trust for the Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Fund and there shall be credited thereto-|
(a) All money received form the central government;
(b) All money received by the Trust by way of grants, gifts, donations, benefactions, bequests and transfers;
(c) All money received by the Trust in any other manner or from any other source.
|(2)||All money belonging to the fund shall be deposited in such banks or invested in such manner as the Board may, subject to the approval of the central government, decide.|
|(3)||The funds shall be applied towards meeting the administrative and other expenses of the Trust including expenses incurred in the exercise of its powers and performance of duties by the Board in relation to any of its activities under section 10 of the act or for anything relatable thereto.|