National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
No: 44 Dated: Dec, 30 1999
National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 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 Retardation 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 -
CHAPTER I
PRELIMINARY
1. Short Title & Extent :- (1) This Act may be called the National Trust for the 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 & Kashmir.
2.Definition:- 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 a group of non-progressive conditions of a person characterised by abnormal motor control and posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal 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 person which is specially characterised by sub-normality of intelligence;
(h) "Multiple Disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Person 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) "persons 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 organisation, 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 percent or more of one or more multiple disabilities;
(p) "Trust" means the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability constituted under sub-section (1) of section 3
CHAPTER II
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITY
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.
(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, associations of parents of persons with autism, cerebral palsy, mental retardation and multiple disability and from associations 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 the 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 as 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 purposes but shall not have a right to vote at a meeting of the Board and shall not be a member for any other purposes: Provided further that the maximum number of persons so associated shall not exceed eight and so far as possible persons so associated shall belong to the registered organisations or from the professionals.