The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

(1) This Act may be called the National Trust for Welfare of Persons withAutism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. (2) It extends to the whole of India 1***.

In this Act, unless the context otherwise requires-- (a) "autism" means a condition of uneven skill development primarily affecting thecommunication 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 byabnormal motor control and 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 aperson 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 Persons with Disabilities (Equal Opportunities, Protection of Rights and FullParticipation) 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 toautism, cerebral palsy, mental retardation or a combination of any two or more of such conditions andincludes 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 promotethe welfare of persons with disability; (m) "registered organisation" means an association of persons with disability or an association ofparents of persons with disability or a voluntary organisation, as the case may be, registered undersection 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 multipledisabilities; (p) "Trust" means the National Trust for Welfare of Persons with Autism, Cerebral Palsy, MentalRetardation and Multiple Disability constituted under sub-section (1) of section 3.

(1) With effect from such date as the CentralGovernment may, by notification, appoint there shall be constituted, for the purposes of this Act, a bodyby the name of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, MentalRetardation and Multiple Disabilities, which shall be a body corporate by the name aforesaid, havingperpetual 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 Trustshall vest in a Board which may exercise all powers and do all acts and things which may be exercised ordone by the Trust. (3) The head office of the Trust shall be at New Delhi and the Board may, with the previous approvalof 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 havingexpertise and experience in the field of autism, cerebral palsy, mental retardation and multipledisability; (b) nine persons to be appointed in accordance with such procedure as may be prescribed fromamongst the registered organisations out of which three members each shall be from voluntaryorganisations, association of parents of persons with autism, cerebral palsy, mental retardation andmultiple disability and from association of persons with disability, Members: Provided that initial appointment under this clause shall be made by the Central Government bynomination; (c) eight persons not below the rank of Joint Secretary to the Government of India nominated bythat Government to represent the Ministries or Departments of Social Justice and Empowerment,Women and Child Development, Health and Family Welfare, Finance, Labour, Education, UrbanAffairs 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, commerceand industry engaged in philanthropic activities, Members; (e) The Chief Executive Officer, who, shall be of the rank of Joint Secretary to the Governmentof India, Member-Secretary, ex officio. (5) The Board may associate with itself, in such manner and for such purposes as may be determinedby regulations, any person whose assistance or advice it may desire for carrying out the objects of theTrust: Provided that such person shall have a right to take part in the discussions relevant to that purposesbut shall not have a right to vote at a meeting of the Board and shall not be a member for any otherpurposes: Provided further that the maximum number of persons so associated shall not exceed eight and so faras possible the person so associated shall belong to the registered organisation or from the professionals

(1) The Chairperson or aMember shall hold office for a term of three years from the date of his appointment 1***: Provided that no person shall hold office as the Chairperson or other Member after he has attained theage of sixty-five years. 2[(1A) The Central Government shall initiate the process for appointment of the Chairperson orMember, as the case may be, at least six months prior to the expiry of the term of office of suchChairperson or Member.] (2) The conditions of service of the Chairperson and other Members shall be such as may beprescribed. (3) A casual vacancy in the Board shall be filled in accordance with the provisions of section 3 and aperson appointed shall hold office only for the remainder of the term for which the member, in whoseplace he was appointed, would have held that office: 3[Provided that the Central Government may, in case of a casual vacancy in the office of theChairperson, by order in writing, direct an officer of appropriate level, to perform the functions of theChairperson until such vacancy is filled in.] (4) Before appointing any person as the Chairperson or a Member, the Central Government shallsatisfy itself that the person does not and will not, have any such financial or other interest as is likely toaffect prejudicially his functions as such Member. (5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holdsoffice. (6) The Board shall meet at least once in three months at such time and place as may be determinedby the Board by regulations and shall observe such rules of procedure in the transaction of business at ameeting as may be prescribed. (7) The Chairperson, if for any reason is unable to attend the meeting of the Board, any Memberelected 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 ofvotes of the Members present and voting, and in the event of an equality of votes, the Chairperson, or inhis absence, the person presiding shall have a second or casting vote.

(1) The Chairperson may resign his office bywriting under his hand addressed to the Central Government: Provided that the Chairperson shall continue in office 1[until the appointment of his successor is madeby the Central Government]. (2) A Member may resign from office by writing under his hand addressed to the Chairperson.