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

Chapter 9 - Miscellaneous

   1. Without prejudice to the foregoing provisions of this Act, the Board shall, in exercise of its power or the performance of its duties under this Act, be bound by such direction on questions of policy as the Central Government may give in writing 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 if policy or not shall be final.

      1. If the Central Government on the complaint of a registered organization or otherwise has reason to believe that the Board in 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of the duties imposed on it, the Central Government may issue notice to the Board asking why it should not be superseded: Provide that no order superseding the Board shall be made by the Central Government, unless a notice affording reasonable opportunity to the Board has been given in writing that why it should not be superseded.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 super session Central Government may reconstitute the Board, in accordance with section 3.

   3. Upon the publication of the notification under sub-section (2),-

  • all the members of the Board shall, not withstanding that their term of office had
  • not expired as on the date of super session, vacate their office as such members;all the powers and duties which may, buy or under the provision 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 as the Central Government may direct.

   4. On the expiration of the period of super session specified in the notification issued under sub-section (2), the Central Government may:-

  • extend the period of super session for such further period as it may consider necessary so that the total period of supersession does not exceed more than six months; or
  • reconstitute the Board in the manner provided in section 3.

Notwithstanding anything contained in the Income-tax Act, 1961, or any other law for the time being in force relating to tax on income. profit 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.

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 authorized 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 purpose of this section, the expression "good faith" shall have the same meaning as is assigned to it in the Indian Penal Code.

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.

The Board may, by general pr special order in writing, delegate to the Chairperson or any members 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.

   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 or any of the following matters, namely:-

  • the procedure in accordance with which the person representing registered organization shall be elected under clause (b) of sub-section (4) of section 3;
  • the condition of service of the Chairperson and Members under sub-section (2) of section 4;
  • the rules procedure in the transaction of business at meeting of the Board under sub-section (2) of section 14;
  • the powers and duties of Chief Executive Officer under sub-section (1) of section 8;
  • the form in which an application for guardianship may be made by a registered organization under sub-section (2) of section 23;
  • the procedure in accordance with which a guardian may be removed under section 17;
  • the form in which, and the time within which, the budget of the trust shall be forwarded to the Central Government under section 23;
  • the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24;
  • the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25;
  • any other matter which is required to be, or may be, prescribed.

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 purpose of this Act.

In particular, and without prejudice to the generality of the foregoing power, such regulation may provide for all or any of the following matters, namely:-

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

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

   3. the terms and conditions of service of, Chief Executive Officer, other officer and employees of the Trust under sub-section (3) of section 8;

   4. the form 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;

   5. the manner in which application for guardianship shall be received, proceed and decided by the local level committee under sub-section (4) of section 114;

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

   7. the procedure for evaluating the pre-funding status of the registered organization and framing of guidelines for monitoring and evaluating the activities of such registered organization under section 19;

   8. the time within which notice for annual general meeting shall be sent and quorum for such meeting under sub-section (2) and (3) of section 20; and

   9. any other matter which is required to be, or may be provided by regulation.

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 session, and if, before the expiry of the session immediately following the session or successive session aforesaid, both House agree in making any modification, in the rule or regulation or both House agree that the rule pr regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be 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.

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