The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
Administered Ministry: Ministry of Social Justice and Empowerment / Department of Empowerment of Persons with Disabilities
Section
Section 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.
Section 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--
(a) all moneys received from the Central Government;
(b) all moneys received by the Trust by way of grants, gifts, donations, benefactions, bequests and transfers;
(c) all moneys received by the Trust in any other manner or from any other source.
(2) All moneys 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 or for anything relatable thereto.
(a) all moneys received from the Central Government;
(b) all moneys received by the Trust by way of grants, gifts, donations, benefactions, bequests and transfers;
(c) all moneys received by the Trust in any other manner or from any other source.
(2) All moneys 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 or for anything relatable thereto.
Section 23 Budget. 1 docs
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.
Section 24 Accounts and audit. 1 docs
(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.
(2) The accounts of the Trust shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable by Board to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Trust shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts and in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Trust.
(4) The accounts of the Trust as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government, and that Government shall cause the same to be laid before each House of Parliament.
(2) The accounts of the Trust shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable by Board to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Trust shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts and in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Trust.
(4) The accounts of the Trust as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government, and that Government shall cause the same to be laid before each House of Parliament.
Section 25 Annual report. 1 docs
The Board shall prepare every year, in such form and within such time as may be prescribed an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
Section 26 Authentication of orders, etc.
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.
Section 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.
Section 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:
Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
Section 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:
Provided that no order superseding the Board shall be made by the Central Government, unless a notice affording reasonable opportunity to the Board has been given in writing that why it should not be superseded.
(2) The Central Government after recording reasons in writing and by issuing a notification in the Official Gazette supersede the Board for a period of not more than six months:
Provided that on the expiration of the period of supersession, the Central Government may reconstitute the Board, in accordance with section 3.
(3) Upon the publication of the notification under sub-section (2),--
(a) all the members of the Board shall, notwithstanding that their term of office had not expired as on the date of supersession, vacate their office as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Trust shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct.
(4) On the expiration of the period of supersession specified in the notification issued under sub-section (2), the Central Government may--
(a) extend the period of supersession for such further period as it may consider necessary so that the total period of supersession does not exceed more than six months; or
(b) reconstitute the Board in the manner provided in section 3.
Provided that no order superseding the Board shall be made by the Central Government, unless a notice affording reasonable opportunity to the Board has been given in writing that why it should not be superseded.
(2) The Central Government after recording reasons in writing and by issuing a notification in the Official Gazette supersede the Board for a period of not more than six months:
Provided that on the expiration of the period of supersession, the Central Government may reconstitute the Board, in accordance with section 3.
(3) Upon the publication of the notification under sub-section (2),--
(a) all the members of the Board shall, notwithstanding that their term of office had not expired as on the date of supersession, vacate their office as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Trust shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct.
(4) On the expiration of the period of supersession specified in the notification issued under sub-section (2), the Central Government may--
(a) extend the period of supersession for such further period as it may consider necessary so that the total period of supersession does not exceed more than six months; or
(b) reconstitute the Board in the manner provided in section 3.
Section 30 Exemption from tax on income.
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.
Section 31 Protection of action taken in good faith.
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.
Explanation.--For the purposes of this section, the expression "good faith" shall have the same meaning as is assigned to it in the Indian Penal Code (45 of 1860).
Explanation.--For the purposes of this section, the expression "good faith" shall have the same meaning as is assigned to it in the Indian Penal Code (45 of 1860).
Section 32 Chairperson, Members and officers of Trust to be public servants.
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).
Section 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.
Section 34 Power to make rules. 4 docs
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all of the following matters, namely:--
(a) the procedure in accordance with which the persons representing registered organisation shall be elected under clause (b) of sub-section (4) of section 3;
(b) the conditions of service of the Chairperson and Members under sub-section (2) of section 4;
(c) the rules of procedure in the transaction of business at meetings of the Board under sub- section (6) of section 4;
(d) the powers and duties of the Chief Executive Officer under sub-section (1) of section 8;
(e) the form in which an application for guardianship may be made by a registered organisation under sub-section (2) of section 14;
(f) the procedure in accordance with which a guardian may be removed under section 17;
(g) the form in which, and the time within which, the budget of the Trust shall be forwarded to the Central Government under section 23;
(h) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24;
(i) the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25;
(j) any other matter which is required to be, or may be, prescribed.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all of the following matters, namely:--
(a) the procedure in accordance with which the persons representing registered organisation shall be elected under clause (b) of sub-section (4) of section 3;
(b) the conditions of service of the Chairperson and Members under sub-section (2) of section 4;
(c) the rules of procedure in the transaction of business at meetings of the Board under sub- section (6) of section 4;
(d) the powers and duties of the Chief Executive Officer under sub-section (1) of section 8;
(e) the form in which an application for guardianship may be made by a registered organisation under sub-section (2) of section 14;
(f) the procedure in accordance with which a guardian may be removed under section 17;
(g) the form in which, and the time within which, the budget of the Trust shall be forwarded to the Central Government under section 23;
(h) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24;
(i) the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25;
(j) any other matter which is required to be, or may be, prescribed.
Section 35 Power to make regulations. 6 docs
(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.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the manner and purpose for which a person may be associated under sub-section (5) of section 3;
(b) the time and place at which the Board shall meet under sub-section (6) of section 4;
(c) the terms and conditions of service of, Chief Executive Officer, other officers and employees of the Trust under sub-section (3) of section 8;
(d) the form and manner in which the application shall be made for registration under sub-section (2) of section 12 and the particulars which such application shall contain under that sub-section;
(e) the manner in which application for guardianship shall be received, processed and decided by the local level committee under sub-section (4) of section 14;
(f) the particulars of applications and orders passed thereon by the local level committee under sub-section (5) of section 14;
(g) the procedure for evaluating the pre-funding status of the registered organisations and framing of guidelines for monitoring and evaluating the activities of such registered organisations under section 19;
(h) the time within which notice for annual general meeting shall be sent and quorum for such meeting under sub-sections (2) and (3) of section 20; and
(i) any other matter which is required to be, or may be, provided by regulations.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the manner and purpose for which a person may be associated under sub-section (5) of section 3;
(b) the time and place at which the Board shall meet under sub-section (6) of section 4;
(c) the terms and conditions of service of, Chief Executive Officer, other officers and employees of the Trust under sub-section (3) of section 8;
(d) the form and manner in which the application shall be made for registration under sub-section (2) of section 12 and the particulars which such application shall contain under that sub-section;
(e) the manner in which application for guardianship shall be received, processed and decided by the local level committee under sub-section (4) of section 14;
(f) the particulars of applications and orders passed thereon by the local level committee under sub-section (5) of section 14;
(g) the procedure for evaluating the pre-funding status of the registered organisations and framing of guidelines for monitoring and evaluating the activities of such registered organisations under section 19;
(h) the time within which notice for annual general meeting shall be sent and quorum for such meeting under sub-sections (2) and (3) of section 20; and
(i) any other matter which is required to be, or may be, provided by regulations.
Section 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.