Chapter II THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM,

CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITY

Palsy, Mental Retardation and Multiple Disability, etc. -

1. (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. (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. (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-

1. (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;
2. (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;
3. (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;
4. (d) three Persons to be nominated by the Board representing the associations of trade, commerce and industry engaged in philanthropic activities, members;
5. (e) The Chief Executive Officer, who, shall be of the rank of Joint Secretary to the Government of India, Member-Secretary, ex officio.

1. (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.

1. (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. (2) The conditions of service of the Chairperson and other Members shall be such as may be prescribed.
3. (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. (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 function as such member.
5. (5) No member of the Board shall be a beneficiary of the Trust during the period such Member holds office.
6. (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. (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. (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.

1. (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. (2) A Member may resign from office by writing under his hand addressed to the

Disqualifications -No person shall be a Member if he -

1. (a) is, or becomes, of unsound mind or is so declared by competent court; or
2. (b) is, or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
3. (c) is, or at any time has been, adjudicated as an insolvent.

1. (a) becomes subject to any of the disqualifications mentioned in section 6; or
2. (b) is, without obtaining leave of absence, absent from three consecutive meetings of the Board; or
3. (c) tenders his resignation under section 5, his seat shall thereupon become vacant.

1. (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. (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. (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

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.

1. (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;
2. (b) receive bequests of movable property from any person for the benefit of the persons with disability in general and for furtherance of the objectives of the Trust in particular; 8 Provided that it shall be obligatory on the part of the Board to make arrangements 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;
3. (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.

1. (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 jn the community;
     • (ii) Counseling 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 Local Level Committee to grant approval for guardianship; and (f) such other programmes which promote the objectives of the Trust.
2. (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,-

1. (a) "persons with severe disability" shall have the same meaning as is assigned to it under sub- section (4) of section 56 of the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
2. (b) "senior citizen" means a person who is above the age of sixty-five years or more. 9