(1) Any association of persons with disability, or any association of parents of persons with disability or a voluntary organisation whose main object is promotion of welfare of persons with disability may make an application for registration to the Board.

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(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.

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(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.

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(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:

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Provided that where 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.

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(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.

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(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.

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(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.

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(4) The Board shall consist of--

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(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;

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(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, association of parents of persons with autism, cerebral palsy, mental retardation and multiple disability and from association of persons with disability, Members:

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Provided that initial appointment under this clause shall be made by the Central Government by nomination;

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(c) eight persons not below the rank of Joint Secretary to the Government of India nominated by that 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;

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(d) three Persons to be nominated by the Board representing the associations of trade, commerce and industry engaged in philanthropic activities, Members;

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(e) The Chief Executive Officer, who, shall be of the rank of Joint Secretary to the Government of India, Member-Secretary, ex officio.

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(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:

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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:

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Provided further that the maximum number of persons so associated shall not exceed eight and so far as possible the person so associated shall belong to the registered organisation or from the professionals

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(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.

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(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.

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(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 Trust shall be such as may be determined by regulations.

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The Board shall determine by regulations the procedure for evaluating the prefunding status of registered organisations seeking financial assistance from it and such regulations may also provide for the guidelines for monitoring and evaluating the activities of the registered organisations who are receiving financial assistance from the Trust

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(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.

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(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:--

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(a) the manner and purpose for which a person may be associated under sub-section (5) of section 3;

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(b) the time and place at which the Board shall meet under sub-section (6) of section 4;

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(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;

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(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;

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(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;

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(f) the particulars of applications and orders passed thereon by the local level committee under sub-section (5) of section 14;

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(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;

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(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

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(i) any other matter which is required to be, or may be, provided by regulations.

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(1) The Chairperson or a Member shall hold office for a term of three years from the date of his appointment ¹***:

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Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years.

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²[(1A) The Central Government shall initiate the process for appointment of the Chairperson or Member, as the case may be, at least six months prior to the expiry of the term of office of such Chairperson or Member.]

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(2) The conditions of service of the Chairperson and other Members shall be such as may be prescribed.

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(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:

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³[Provided that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the Chairperson until such vacancy is filled in.]

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(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 functions as such Member.

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(5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holds office.

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(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.

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(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.

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(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.

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(1) The Board shall in each year hold an annual general meeting of registered organisations, and not more than six months shall elapse between the date of one annual general meeting and that of the next.

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(2) A notice of the annual general meeting along with a statement of accounts and records of its activities during the preceding year shall be sent by the Board to every registered organisation at such time as may be determined by regulations.

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(3) The quorum of such meeting shall be such number of persons of the registered organisations as may be determined by regulations.

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(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.

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(2) Any registered organisation may make an application in the prescribed form to the local level committee for appointment of a guardian for a person with disability:

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Provided that no such application shall be entertained by the local level committee, unless the consent of the guardian of the disabled person is also obtained.

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(3) While considering the application for appointment of a guardian, the local level committee shall consider--

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(a) whether the person with disability needs a guardian;

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(b) the purposes for which the guardianship is required for person with disability.

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(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:

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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.

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(5) The local level committee shall send to the Board the particulars of the applications received by it and orders passed thereon at such interval as may be determined by regulations.

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