The National Trust For Welfare of Persons With Autism, Cerebral Palsy, Mental Retardation And Multiple Disability |
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4. Manner of associating persons for assistance or advice other than Members:-
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5. Meetings of the Board:-
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6. Form and manner in which application shall be made for registration:-
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7. Procedure for grant of registration:-
8. Procedure of evaluation of registered organization for participation in the Trust’s scheme and programmes - (1) The Board shall determine the criteria for participation in Trust’s schemes and programmes as per the terms and conditions of such programmes and schemes. (2) The Board may, by order, determine the mechanism for evaluation and monitoring of the performance of such programmes and schemes and such criteria shall include pre-funding status of the registered organizations or associations. 9. De-registration and consequences of de-registration- (1) If an association or organization ceases to be a registered organization under the Societies Registration Act, 1860 (21 of 1860), or section 25 of the Companies Act, 1956 (1 of 1956), or as a public charitable trust then such association or organization shall also cease to be registered with the Trust. (2) Any failure to disclose the above, may result in action shall be include the refund of any or all of the funds given by the Trust by way of grant or loan or subsidy, with or without interest as may be determined by the Board. Explanation - For the purpose of this sub-regulation, such action shall be confined to such of the fund which is made available to any such organization during the period under consideration and may include sums which have been made available earlier of which installments are to be paid or have been paid in the period under consideration. 10. Form and manner of constitution of the Local Level Committee: (1) The Local Level Committee shall consist of representative(s) of registered organization working primarily in the district concerned. (2) A person with disability as defined in clause (t) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall be selected from all such persons residing in the district and involved in disability related work 11. Who may apply for guardianship - (1) Both the parents may jointly, or, in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, may singly apply for guardianship of their or as the case may be his ward beyond the age of 18 years. (2) In the event of death, desertion, conviction of both the parents, the siblings (including half and step siblings) jointly or singly (reason of single application to be explained separately) may apply for guardianship of a disabled member of the family. (3) In the event of non-application of sub-regulation (1) and (2) above, a relative may make an application for guardianship (4) In the event of non-application of sub-regulation (1), (2) and (3), any registered organization may make an application for guardianship. (5) The Local Level Committee may direct a registered organization to make an application for guardianship in case of a destitute or abandoned person 12. Who may be indicated by applicant as guardian - (1) Both the parents jointly, or, singly in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, being natural guardian of minor may apply to the Local Level Committee to get themselves or himself as the case may be, appointed as guardian of their or as the case may be, his disabled ward beyond the age of 18, in which case the application shall be accepted unless the parent is disqualified on account of i. loss of citizenship; ii. being of unsound mind; iii. being convicted by a court of law; or iv. being a destitute. (2) The applicant may indicate siblings, or any member of the family or any other person or a registered institution for consideration as a guardian and in case of institutions, the conditions of eligibility of institutions shall be as stipulated in subregulations (3), (4) and (5). (3) In the case of considering the institution as a guardian, the institution must be registered under a law and be capable of providing care of the person. (4) In the event of institution ceasing to be registered under a law or stops functioning, or is found otherwise unsuitable, the Local Level Committee shall make alternative arrangements for the foster care of any such inmate or the ward, who is under the care of any such institute. (5) The alternative care under sub-regulation (4) shall not be permanent in nature and shall be placed by permanent guardianship within a period of one year. (6) The applicant must be living in the vicinity or close proximity to the place where the ward has been habitually living at the time of appointment of guardian. (7) No single male shall be considered as a guardian for a female ward and in the case of female wards, the male person shall be given co-guardianship with his spouse, who shall be master co- guardian. 13. Guidelines for receiving, processing and confirmation of application for appointment of a guardian (1) The Local Level Committee shall receive applications for appointment of guardian in Form A under the rules.(Amended vide GSR 123(E) dated 16th February 2004). (2) On receipt of the application for appointment of guardian, the Local Level Committee shall scrutinize the application and call for any supporting document or information that may be necessary for deciding the issue of guardianship. (3) In case of application received from parents for guardian other than themselves, the Local Level Committee may decide to get parent’s counselling in any manner, it may decide to determine the genuineness of having a guardian other than parents. (4) If parents or relatives are not available for the person with disability who is in need of guardian, because of being a vagrant or destitute or found abandoned, member or members of the Committee may ask for applications from a registered organization to initiate the process of guardianship for the person. (5) The person with disability must be assessed by the Local Level Committee, to determine the genuineness of the need of guardianship and it shall be open to the Local Level Committee to seek the assistance of technical personnel or their services to determine the need. (6) The Local Level Committee shall satisfy itself about the capabilities and the suitability of the person on whom guardianship is being conferred. (7) The application for guardianship for personal care and maintenance shall be accepted to cover the following areas, namely - a. Food, clothing and shelter needs; b. Health care needs; c. Religious needs; d. Education, training and employment needs; e. Leisure and nutrition needs; f. Protection from exploitation and abuse; g. Protection of constitutional and human rights; and h. Medical and surgical needs. (8) The confirmation of appointment of the guardian on application made by (1) a registered organization; or (2) the parent or relative of a person with disability shall be made in Form B under the rules. (Amended vide GSR 123(E) dated 16th February 2004). 14. Particulars of orders passed by the Local Level Committee The Local Level Committee shall send to the Board quarterly the particulars of the applications received by it, the order passed thereon, and a report on the assessment of the functioning of the guardianship to be determined by it in consultation with the registered parent’s associations.” 15. Miscellaneous - Any thing not covered under these regulations, may, with the previous approval of the Central Government be determined in accordance with the order of the Board, till such time as the Board may draw up the amendment regulations. |