National Trust Act, 1999 - National Trust For Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability

Chapter 2 -The National Trust For Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability

   1. With effect from such date as the Central Government may, by notification, appointment, there shall be constituted, for the purpose 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 provision of this Act, to acquire, hold and dispose of property, both movable and immovable, and both movable and immovable, and contact, and shall, by the said name, sure or be sued.

   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.

   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.

   4. The Board shall consist of -

         ii. nine persons to be appointed in accordance with such procedure as may be prescribed from amongst the registered organization out of which three members each shall be from voluntary organization, association of persons with autism, cerebral palsy, mental retardation and multiple disability and from associations of persons with disability, members:

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

         iv. three persons to be nominated by the Board representing the associations of trade, commerce and industry engaged in philanthropic activities, members;

         v. the Chief Executive Officer, who shall be of the rank of Joint Secretary to the Government of India, Member Secretary, ex-officio;

   5. The Board may associate with itself, in such manner and for such purpose as may be determined by regulation, any person whose assistance or advice it may desire for carrying for any other out the objects of the Trust:

      Provided that such person shall have a right to take part in the discussion relevant to that purpose but shall not have right to vote at a meeting of the Board and shall not be a member for any other purpose:

      Provide 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 organization or from the professional.

   1. The Chairperson or a Member shall hold office for a term of three years from the date of his appointment or until his successor shall have been duly appointed, whichever is longer:

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

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

   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.

   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 function as such member.

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

   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.

   7. The Chairperson, if for any reason is unable to attend the meeting of the Board, b any Member elected by the Members present from amongst themselves at the meeting, shall preside at the meeting.

   8. All question 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 presenting shall have a second or casting vote.

   1. The Chairperson may resign his office by writing under his hand addressed to the Central Government:

      Provide that the Chairperson shall continue in office until the appointment of his successor is made by the Central Government.

   2. A Member may resign from office by writing under his hand addressed to the Chairperson.

No person shall be a member if he -

   1. is, or become, of unsound mind or is so declared by a competent court; or

   2. is, or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or

   3. is, or at any time has been, adjudicated as an insolvent.

If a member -

   1. becomes subject to any of the disqualification mentioned in section 6; or

   2. is, without obtaining leave of absence, absent from three consecutive meeting of the Board; or

   3. tenders his resignation under section 5, his seat shall thereupon become vacant.

        i. The Central Government shall appoint the Chief Executive Officer to exercise such powers and performs such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairperson.

       ii. 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.

      iii. 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.

No act or proceeding of the Board shall be called in question on the ground merely of the existence of any vacancy, in or any defect in the constitution of, the Board.