http://thenationaltrust.gov.in/upload/uploadfiles/files/act-englsih.pdf
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1. Short title and commencement - 2. Definitions- In these rules unless the context otherwise requires - 3. Procedure for election of Members -
4. Conditions of service of the Chairperson and members - Salary -The salary of the Chairperson shall be equivalent to the basic pay of the Secretary to the Government of India and as admissible dearness allowance and city compensatory allowance:
6. Powers and duties of the Chairperson (1) The Chairperson shall be responsible for calling and presiding over all the meetings of the Board. Rules of procedure for transaction of business at the meeting of the Board 8. Notice of Meetings - (1) The meetings of the Board shall ordinarily be held at the Trust headquarters on such dates as may be fixed by the Chairperson. (2) The Chairperson shall upon the written request of not less than five members of the Board, call a special meeting of the Board. (3) Fifteen clear days’ notice of an ordinary meeting and five clear days' notice of special meeting specifying the time and the place at which such meeting is to be held and the business to be transacted there at, shall be given by the Member- (4) The notice of a meeting may be given to the members by delivering the same by messenger or sending it by registered post to his last known place of residence or business in such other manner as the Chairperson, may, in the circumstances (5) No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days’ notice to the Member Secretary, unless the Chairperson in his discretion, permits him to do so, (6) The Board may adjourn its meetings from day to day or to any particular day. (7) Where a meeting of the Board is adjourned from day to day, notice of such adjourned meeting shall be given to the members available at the place where the meeting was adjourned by a messenger and it shall not be necessary to give notice of the adjourned meeting to other members. (8) Where a meeting of the Board is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all the members as provided in sub-rule (4) of this rule. 9.Presiding Officer - The Chairperson shall preside at every meeting of the Board and in his absence, the members present shall elect one of the members to preside over the 10. Quorum - (1) One third of the total members shall form the quorum for any meeting. (2) If, at any time fixed for a meeting or during the course of a meeting less than one third of the total members are present, the Chairperson may adjourn the meeting to such hours on the following or on some other future date as he may fix. (3) No quorum shall be necessary for the adjourned meeting. (4) No matter which had not been on the agenda of the ordinary or the special meeting, as the case may be, shall be discussed at the adjourned meeting. (5) (i) Where a meeting of the Board is adjourned under sub-rule (2) for want of quorum to the following day, notice of such adjourned meeting shall be given to the members available at the place where the meeting which is adjourned is held by messenger and it shall not be necessary to give notice of the adjourned meeting to other members. 11. Minutes - (1) The record of the names of the members who attend the meeting and of the proceedings shall be kept in a book to be maintained for that purpose by the Member-Secretary. (2) The minutes of the meeting shall be circulated to all concerned. (3) The minutes of the previous meeting shall be read at the beginning of every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting. (4) The proceedings shall be open to inspection by any member at the office of the Member-Secretary, during office hours. 12. Maintaining order at meeting - The presiding officer shall maintain order at the meeting. 13. Business to be transacted at a meeting - (1) Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member in advance under sub-rule (3) of rule 8, shall be transacted at the meeting. 14. Decision by majority - All questions considered at a meeting shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson or in his absence, the member presiding at the meeting, as the (1) The appointment to the post of Chief Executive Officer shall be made through the Central Staffing Scheme of the Central Government: Provided that experience in the field of disability rehabilitation, administrative capability and any other such conditions as the Central Government may consider appropriate shall be kept in view. (2) The Chief Executive Officer shall be of the rank of Joint Secretary to the Central Government and shall draw the salary and avail benefits availed by the Joint Secretary to the Central Government. (3) Subject to the general control and directions of the Board, the Chief Executive Officer shall exercise powers of the Head of Department. (Rule (3) omitted vide Amendment dated 24th December 2010 and Rule 4 rearranged as Rule 3) (4) The Chief Executive Officer shall be in-charge of the management of the Trust and exercise such powers in respect of the affairs of the Trust, as may be delegated to him by the Chairperson from time to time. (5) The Chief Executive Office shall be responsible for the administrative control and management of the office and shall perform such other duties as may be directed by the Board. (6) The Chief Executive Officer shall be responsible for maintaining proper accounts of the Trust. (7) All contracts shall be executed by the Chief Executive Officer in consultation with the Board and as per the regulations made by the Board from time to time. (8) The Chief Executive Officer as the Member-Secretary of the Board shall be responsible for maintaining all records pertaining to the meetings of the Board and business arising thereof. 16. Application for guardianship- (1) The application by a parent, relative or registered organisation for appointment of guardian for a person with disability shall be made to the local level committee in Form A. (2) The confirmation of appointment of guardian on such application shall be made in Form B. (3) A quarterly report in the prescribed format shall be given by the local level committee to the Board or to the State level agency authorised by the Board giving particulars of the applications received and orders passed thereon. 17. Procedure for removal of Guardian- (ii) The team shall consist of one representative of parent organisation, one representative of the association for the disabled and one Government official associated with disability not I below the rank of Assistant Director. (iii) While taking a decision on the appointment of guardian, the local level committee shall ensure that the person whose name has been suggested for appointment as guardian is : (a) a citizen of India; (iv) In case of an institution or organisation being considered by the local level committee for appointment as a guardian, the following guidelines shall be followed: (v) The team of investigators while investigating a complaint for assessing the abuse or neglect of a person with disability shall follow the guidelines specified by the Board. (vi) The following Acts of commission or omission shall constitute abuse or neglect on the part of the guardian, namely - (d) sexual abuse; (f) no provision or non-compliance of rehabilitation or training programmes as specified by experts in the field of disability rehabilitation; (2) The team of investigators shall submit their report within a period of ten days. (3) Upon receiving the report of the investigation team, the local level committee shall take the final decision within the period of ten days on the removal of the guardian against whom the complaint has been received after giving the said guardian an opportunity of being heard. 18. Form in which Budget of the Trust shall be forwarded to the Central Government - (1) The Chief Executive Officer of the Trust shall prepare the budget estimates for the next financial year and submit the same to the Board by the 31st July. 19. Maintenance of Fund, Operation of Accounts, and Preparation of Annual Statement of Accounts (1) The funds of the Trust shall be deposited in a nationalised bank and operated by any two of the three signatories nominated by the Board, one of the three being the Chief Executive Officer. 20.Appropriation and re-appropriation - The Chief Executive Officer with the approval of the Board shall have the power to appropriate or re-appropriate for valid reasons the funds from one primary or secondary unit to another and to have the same ratified by the Board in its next meeting.
(1) The funds of the Trust may be invested in short or long term deposits to yield better returns if feasible after keeping sufficient balance at the disposal of the Trust or in such manner as the Board may authorise. (2) The Chief Executive Officer shall maintain a register of securities held by the Trust. (4) The safe custody of the receipts, securities shall remain in the personal charge of the Chief Executive Officer and shall be verified once in six months with the register of securities in his custody and a certificate of such verification shall be recorded in the register after every verification. (5) The Chief Executive Officer after approval by the Board shall sign and execute all agreements, contracts, transfer deeds of conveyance and other documents in connection with the affairs of the Trust with consultation and advice of the legal advisers appointed by the Trust. (6) The Trust shall invest and deal with funds and moneys of the Trust and shall have the right-
(ii) to acquire, purchase or otherwise own or take on lease or hire temporarily or permanently buy any movable or immovable property necessary or convenient for the furtherance of the objects of the Trust; (iii) to borrow and raise money with or without security or on the security of mortgage charge or on the security hypothecation or pledge of all or any of the movable or immovable properties belonging to the Trust or in any other manner whatsoever, provided that prior approval of Central Government in writing has been obtained in that behalf; (iv) to sell, assign, mortgage, lease, exchange and otherwise transfer or dispose of all or any property movable or immovable of the Trust for the furtherance of the objects of the Trust provided prior approval of the Central Government in writing is obtained for the transfer of the immovable property; (v) to enter into any agreement with any Government or authority, municipal, local or otherwise to obtain from such Government or authority any rights, privileges, concessions, fiduciary or otherwise that the Trust may deem desirable to obtain and carryout, exercise and comply with such arrangements and rights, privileges and concessions; (vi) to draw, make, accept, endorse, discount, execute, sign issue and otherwise deal with cheques, hundis, drafts, certificates, receipts, Government securities, promissory notes, bills of exchange or other instruments and securities whether negotiable or transferable or not’ (vii) to build, construct, maintain, repair, alter, improve or develop or furnish any buildings or works necessary or convenient for the purpose of the Trust; (viii) to undertake and accept management of any endowment or trust fund or donation to further the objects of the Trust but so nevertheless that this shall exclude immovable property; (ix) to appoint or employ temporarily or permanently any person or persons that may be required for the purposes of the Trust and to pay them in return for services rendered to the society, salaries, wages, honorarium, (x) to establish a provident fund and other benefits for employees of the Trust provided that prior approval of the Central Government is obtained in this behalf; (xi) to institute, offer, or grant, prizes, awards, scholarships, fellowships and stipend in furtherance of the objects of the Trust; (xii) to receive and accept grant, donations and other contributions but not (7) In case of movable property bequeathed by any person for the benefit of persons with disability under clause (b) of sub-section (1) of section 11 of the Act, the Board shall determine the differential treatment to be provided to the persons covered under the Trust on the basis of the bequests, donations and the agreement made in this regard with the person bequeathing the property. 22. Disposal of property - The Chief Executive Officer with the approval of the Board shall form a condemnation board to dispose off the non-expendable and other articles and to write off all unserviceable and condemned articles. 23. Drawl of fund - (1) The Chief Executive Officer shall keep watch over expenditure and accord sanction to the payments within the grants sanctioned and not by exceeding the powers delegated to him by the Trust. (2) The Chief Executive Officer shall be assisted by officers authorised under the financial regulations made in this behalf by the Trust. (3) The funds shall be drawn from the Bank by cheque to meet the expenditure. (4) The Cheque Books shall remain in the personal custody of the Chief Executive Officer or any other officer as may be authorised by the Chief Executive Officer on his behalf . (5) The Chief Executive Officers shall be assisted in respect of receipts and expenditure by the Accounts Officer or Accountant, who shall maintain proforma accounts and submit all claims in respect of pay and allowances, travelling (6) The Accounts Officer or Accountant shall apply a check of a nature of a pre-audit to all payments from the funds of the Trust. 24. Hiring of Office Accommodation- (1) The Chief Executive Officer shall have the powers to acquire hired accommodation for office premises with the approval of the Board, whenever necessary at the rates not exceeding those specified by the Central Government for similar purposes and in the absence of such specified rates with the approval of the Central Government. 25. Maintenance of Registers - The following books and registers shall be maintained by the Trust,namely - (4) Register of Loans and Advances given to employees with recovery position, 26. Preparation and Submission of Annual Report to the Central Government - (1) The Chief Executive Officer as soon as possible after the end of the financial year but not later than the 30th day of September in the next financial year ensuring, prepare and submit to the Central Government an Annual Report giving complete accounts of the activities of the Trust during the said financial year. 27. Miscellaneous- (1) The return covering property of the ward shall be submitted by the guardian within 6 months of his appointment as guardian in Form C. |
Source: The National Trust