3. Constitution of the National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disability, etc.—(1) With effect from such date as the Central
Government may, by notification, appoint there shall be constituted, for the purposes 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 provisions of this Act, to acquire,
hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name,
sue 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—
(a) a Chairperson to be appointed by the Central Government from amongst the persons having
expertise and experience in the field of autism, cerebral palsy, mental retardation and multiple
disability;
(b) nine persons to be appointed in accordance with such procedure as may be prescribed from
amongst the registered organisations out of which three members each shall be from voluntary
organisations, association of parents of persons with autism, cerebral palsy, mental retardation and
multiple disability and from association of persons with disability, Members:
Provided that initial appointment under this clause shall be made by the Central Government by
nomination;
(c) eight persons not below the rank of Joint Secretary to the Government of India nominated by
that Government to represent the Ministries or Departments of Social Justice and Empowerment,
Women and Child Development, Health and Family Welfare, Finance, Labour, Education, Urban
Affairs and Employment and Rural Employment and Poverty Alleviation, Members, ex officio;
(d) three Persons to be nominated by the Board representing the associations of trade, commerce
and industry engaged in philanthropic activities, Members;
(e) 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 purposes as may be determined
by regulations, any person whose assistance or advice it may desire for carrying out the objects of the
Trust:
Provided that such person shall have a right to take part in the discussions relevant to that purposes
but shall not have a right to vote at a meeting of the Board and shall not be a member for any other
purposes:
Provided 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 organisation or from the professionals.
4. Term of office of Chairperson and Members, meeting of Board, etc.—(1) The Chairperson or a
Member shall hold office for a term of three years from the date of his appointment 1
***:
Provided that no person shall hold office as the Chairperson or other Member after he has attained the
age of sixty-five years.
2
[(1A) The Central Government shall initiate the process for appointment of the Chairperson or
Member, as the case may be, at least six months prior to the expiry of the term of office of such
Chairperson or Member.]
(2) The conditions of service of the Chairperson and other Members shall be such as may be
prescribed.
1. The words “or until his successor shall have been duly appointed, whichever is longer" omitted by Act 35 of 2018, s. 2
(w.e.f. 29-12-2018).
2. Ins. by s. 2, ibid. (w.e.f. 29-12-2018).
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(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.
1
[Provided that the Central Government may, in case of a casual vacancy in the office of the
Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the
Chairperson until such vacancy is filled in.]
(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 functions 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, any Member
elected by the Members present from amongst themselves at the meeting, shall preside at the meeting.
(8) All questions 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 presiding shall have a second or casting vote.
5. Resignation of Chairperson and Members.—(1) The Chairperson may resign his office by
writing under his hand addressed to the Central Government:
Provided that the Chairperson shall continue in office 2
[until his resignation is accepted by the Central
Government].
(2) A Member may resign from office by writing under his hand addressed to the Chairperson.
6. Disqualifications.—No person shall be a Member if he—
(a) is, or becomes, of unsound mind or is so declared by a competent court; or
(b) is, or has been, convicted of an offence, which in the opinion of the Central Government,
involves moral turpitude; or
(c) is, or at any time has been, adjudicated as an insolvent.
7. Vacation of office by Members.—If a member—
(a) becomes subject to any of the disqualifications mentioned in section 6;or
(b) is, without obtaining leave of absence, absent from three consecutive meetings of the Board;
or
(c) tenders his resignation under section 5, his seat shall thereupon become vacant.
8. Chief Executive Officer and staff of Trust.—(1) The Central Government shall appoint the Chief
Executive Officer to exercise such powers and perform such duties under the direction of the Board as
may be prescribed or as may be delegated to him by the Chairperson.
(2) 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.
(3) 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.
1. Ins. by Act 35 of 2018, s. 2 (w.e.f. 29-12-2018).
2. Subs. by s. 3, ibid., for “until the appointment of his successor is made by the Central Government” (w.e.f. 29-12-2018).
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9. Vacancies in Board not to invalidate acts, etc.—No act or proceeding of the Board shall be
called in question on the grounds merely of the existence of any vacancy in, or any defect in the
constitution of, the Board.