National Trust Rules - Draft Amendments - Comments by 13 December 2017 http://www.egazette.nic.in/WriteReadData/2017/180270.pdf
The Desi DISpatch
MINISTRY
OF SOCIAL JUSTICE AND EMPOWERMENT
[Department
of Empowerment of Persons with Disabilities (Divyangjan)]
NOTIFICATION
New Delhi, the 13th November, 2017
G.S.R. 1383(E).—The following draft of certain rules further to amend the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000, which the Central Government, proposes to make, in exercise of the powers conferred by Section 34 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999), is hereby published for the information of all persons likely to be affected thereby ; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of thirty days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;
Objections and suggestions, if any, may be addressed to Deputy Director General, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi-110003 or by email at tr.mo...@gov.in.
DRAFT RULES
1.
(1) These rules may be called National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (Amendment) Rules, 2017.
(2) They shall come into force on the date of their final publication in the Official Gazette.
2. In the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple
Disabilities Rules, 2000,—
(i) sub-rule (2) of rule 3 shall be substituted by the following, namely.—
(2) The Trust shall notify vacancies inviting nominations for nine members of the Board as required by Section 3(4) (b) of the Act three months prior to the expiry of the term of the Board from amongst the organizations registered with it under section 12 of the Act.
(ii) After sub-rule (2) of rule 3, the following shall be inserted, namely,—
2(A) The Trust shall also invite nominations from associations of trade, commerce and
industry engaged in philanthropic activities for three members as required by Section 3(4)(d) of the Act.
2(B) The Trust shall notify the vacancies of the Members of the Board highlighting the requisite qualification, experience required in disability matters, upper age limit of 65 years as prescribed under the regulations of the giving a minimum of 45 days for receipt of applications/nominations.
2(C) On receipt of the applications/nominations the Secretary, Department of Empowerment of Persons with Disabilities shall constitute a Scrutiny Committee of three officials from ex- officio members of the Board to scrutinize the applications.
2(D) The Scrutiny Committee shall draw a list of eligible applicants State-wise and region- wise based on the category opted by the applicant: Provided that the Scrutiny Committee while drawing up the list of eligible applicants shall give due consideration for ensuring wider representation to the organizations working in the fields and also to ensure that the same applicant or nominee does not monopolise at the cost of wider choice.
2(E) The Trust shall sensitize the elected member of the Board who have served for one complete term to give way to new applicants.
(iii) For sub-rule (4) of rule 3, the following shall be substituted, namely. —
(4) where the number of eligible applicants is more than the number of vacancies, election
shall be held in accordance with Rule 3 of the NT Rules 2000.
(iv) After sub-rule (5) of rule 3, the following shall be inserted, namely. —
(6) In the case of nominations received under Section 3 (4) (d) of the Act, the Board shall approve three nominees based on their experience in disability sector and taking into account their philanthropic work in pursuance to corporate social responsibility.
(7) Any dispute on matter relating to election may be raised within 30 days of the declaration of the result and such dispute shall be referred for adjudication before the Secretary, Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice, Government of India, whose decision thereon shall be final and binding.
(8) No person who has been nominated once to the Board shall be entitled to be re-
nominated.
(v) In the title of rule 4, the words “and members” shall be deleted.
(vi) In sub-rule (2) of rule 5, after the word sitting, the words “fee of rupees five hundred for
each day of the meeting of the Board” shall be substituted by the words “fees as
determined by the Trust from time to time.”
(vii) Sub-rule (3) of rule 6 shall be deleted.
(viii) In sub-rule ( 1) of rule 10, after the word “Members”, the words “of the Board”
shall be inserted.
(ix) In sub-rule (1) of rule 16, for the words “Form A”, the words “format as
prescribed by the Trust from time to time” shall be substituted.
(x) In sub-rule (2) of rule 16, for the words “Form B”, the words “format as prescribed by the
Trust from time to time” shall be substituted.
(xi) In clause (a) of item (vi) of sub-rule (1) of rule 17, for the word “longer”, the word
“unreasonable” shall be substituted.
(xii) In clause (e) of item (vi) of sub-rule (1) of rule 17, for the word “long”, the word
“unreasonable” shall be substituted.
(xiii) In item (ix) of sub-rule (6) of rule 21, the words “to the society” shall be substituted
(xiv) In sub-rule (1) of rule 27, for the words “Form C”, the words “format as prescribed by the
Trust from time to time” shall be substituted.
(xv) In sub-rule (2) of rule 27, for the words “Form D”, the words “format as prescribed by the
Trust from time to time” shall be substituted.
(xvi) In sub-rule (3) of rule 27, for the words “Form E”, the words “format as prescribed by the
Trust from time to time” shall be substituted.”
[F. No. 26-18/2015-DD-III]
TUSHAR RANJAN MOHANTY, Dy. Director General