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REGD . GOA - 5
Panaji, 29th June, 2000 (Ashada 8 , 1922 )
SERIES I No. 13
(HT
दूई भद्राणि पर
GOA
OFFICIAL
1.
GOVERN
GAZETTE
OF
GOVERNMENT OF GOA
CHAPTER II
NOTE : There is one Extraordinary issue to the Official Gazette
Series 1 No. 12 dated 22-6-2000 namely Extraordinary
dated 28-6-2000 from pages 207 to 260 ragarding Notifica
tion from Department of Education , Art & Culture (Directo
rate of Education ).
GOVERNMENT OF GOA
THE NATIONAL TRUST FOR WELFARE OF
PERSONS WITH AUTISM , CEREBRAL PALSY , MENTAL
RETARDATION AND MULTIPLE DISABILITIES
Sections :
مننمید
Department of Law and Judiciary
Legal Affairs Division
3. Constitution of the National Trust forWelfare of
Personswith Autism , Cerebral Palsy,Mental Retar
dation and Multiple disabilities, etc.
Notification
4. Term of office of Chairperson and Members , meet
ing of Board , etc.
10-4-99 /LA - XIII
5. Resignation of Chairperson and Members .
6. Disqualifications.
7. Vacation of office by Members .
The National Trust for Welfare ofPersons with
Autism , Cerebral Palsy , Mental Retardation and
Multiple Disabilities Act , 1999 (Central Act
No. 44 of 1999) which has been passed by the
Parliament and assented to by the President of
India on 30-12-1999 and published in the Gazette
of India , Extraordinary , Part II, section 1 dated
30-12-99 is hereby published for the general
information of the public .
8. Chief Executive Officer and staff of Trust .
9. Vacancies in Board not to invalidate acts , etc.
CHAPTER III
OBJECTS OF THE TRUST
Ashok N. P. Dessai, Under Secretary (Law ).
10. Objects of Trust .
CHAPTER IV
Panaji , 24th April, 2000 .
POWERS AND DUTIES OF THE BOARD
11. Powers and duties of Board .
CHAPTER V
THE NATIONAL TRUST FOR WELFARE OF
PERSONS WITH AUTISM , CEREBRAL PALSY ,
MENTAL RETARDATION AND MULTIPLE
DISABILITIES ACT , 1999
PROCEDURE FOR REGISTRATION
12. Procedure for registration .
CHAPTER VI
ARRANGEMENT OF SECTIONS
LOCAL LEVEL COMMITTEES
CHAPTERI
13. Constitution of local level committees .
PRELIMINARY
14. Appointment for guardianship .
15. Duties of guardian .
16. Guardian to furnish inventory and annual accounts .
Sections:
1. Short title and extent.
17. Removal of guardian .
2. Definitions.
www .
OFFICIAL GAZETTE
GOVT . OF GOA
262
SERIES / No. 1
29TH JUNE. 2000
CHAPTER VII
CHAPTER I
ACCOUNTABILITY AND MONITORING
PRELIMINARY
Sections:
18. Accountability .
, 19. Monitoring ,
20. Annual generalmeeting .
1. Short title and extent.-- ( 1 ) This Act may be
called the National Trust for Welfare of Persons
with Autism , Cerebral Palsy , Mental Retardation
and Multiple Disabilities Act , 1999 .
( 2 ) It extends to the whole of India except the
State of Jammu and Kashmir .
CHAPTER VIII
.
FINANCE , ACCOUNTS AND AUDIT
2. Definitions. In this Act , unless the context
otherwise requires ---
21. Grants by the Central Government .
22. Fund ,
23. Budget
( a ) " autism " means a condition of uneven
skill development primarily affecting the com
munication and social abilities of a person ,
marked by repetitive and ritualistic behaviour ;
24. Accounts and Audit .
25. Annual report .
26. Authentication of orders , etc.
27. Returns and information .
( b ) " Board " means Board of trustees consti
tuted under section 3 ;
CHAPTER IX
( c ) " cerebral palsy ” means a group of
non -progressive conditions of a person
characterised by abnormal motor control
posture resulting from brain insult or injuries
occurring in the pre -natal, perinatal or infant
period of development;
MISCELLANEOUS
28. Power of Central Government to issue directions.
29. Power of CentralGovernment to supersede Board .
30. Exemption from tax on income.
31. Protection of action taken in good faith .
32. Chairperson , Members and Officers of Trust to be
public servants .
33. Delegation .
( d ) “ Chairperson " means the Chairperson of
the Board appointed under clause ( a ) of
sub -section ( 4 ) of section 3 ;
( e ) " Chief Executive Officer " means the Chief
Executive Officer appointed under sub - section
( 1 ) of section 8 ;
34. Power to make rules .
35. Power to make regulations.
36. Rules and regulations to be laid before Parliament.
( f) " Member " means a Member of the Board
and includes the Chairperson ;
10
( g ) "mental retardation " means a condition
of arrested or incomplete development ofmind
of a person which is specially characterised by
sub - normality of intelligence ;
THE NATIONAL TRUST FOR WELFARE OF
PERSONS WITH AUTISM , CEREBRAL PALSY ,
MENTAL RETARDATION AND MULTIPLE
DISABILITIES ACT , 1999
AN
(h ) "multiple disability ” means a
combination of two or more disabili
ties as defined in clause (i ) of section
2 of the Persons with Disabilities
(Equal Opportunities , Protection of
Rights and Full Participation ) Act , 1 of 1996
1995 ;
АСТ
to provide for the constitution of a body at the
national level for the Welfare of Persons with
Autism , CerebralPalsy ,Mental Retardation and
Multiple Disabilities and for matters connected
therewith or incidental thereto .
(i) " notification " means a notification pub
lished in the Official Gazette ;
Be it enacted by Parliament in the Fiftieth Year
of the Republic of India as follows:
6 ) " person with disability " means a person
suffering from any of the conditions relating to
autism , cerebral palsy , mental retardation or a
" Teru
-AUSRAROSUVsey
SKATOVAT
UVALLAS LALLAN
OFFICIAL GAZETTE
GOVT. OF GOA
263
297H JUNE, 2000
SERIES I No. 13
combination of any two or more of such condi
tions and includes a person suffering from serve
multiple disability ;
powers and do all acts and things which may be
exercised or done by the Trust .
(k ) " prescribed " means prescribed by rules
made under this Act ;
( 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
(1) " professional” means a person who is
having special expertise in a field which would
promote the welfare of persons with disability ;
( 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 retarda
tion and multiple disability ;
( m ) " registered organisation " means an as
sociation of persons with disability or an asso
ciation of parents of persons with disability or
a voluntary organisation , as the case may be ,
registered under section 12 ;
( n ) " regulations" meansthe regulationsmade
by the Board under this Act;
(b ) nine persons to be appointed in accor
dance 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 personswith
disability , Members :
( 0 ) " severe disability " means disability with
eighty per cent. or more of one or more of
multiple disabilities ;
(p ) " Trust " means the National Trust forWel
fare of Persons with Autism , Cerebral Palsy ,
Mental Retardation and Multiple Disability
constituted under sub - section ( 1 ) of section 3 .
Provided that initial appointment under this
clause shall be made by the Central Govern
ment by nomination ;
CHAPTER II
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH
AUTISM , CEREBRAL PALSY , MENTAL RETARDATION
AND MULTIPLE DISABILITY
(c ) eight persons not below the rank of Joint
Secretary to the Government of India nomi
nated by that Government to represent this
Ministers 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 philan
thropic activities , Members ;
3. Constitution of the National Trust for Welfare
of Persons with Autism , Cerebral Palsy , Mental
Retardation andMultiple Disability, etc.— ( 1 ) With
effect from such date as the Central Government
may , by notification , appoint, there shall be
constituted , for the purposes ofthis 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 .
( 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 :
( 2 ) The general superintendence , direction and
management of the affairs and business of the
Trust shall vest in a Board which may exercise all
Provided that such person shall have a right to
take part in the discussions relevant to that
purpose but shall not have a right to vote at a
TAZAMA XZX .. :- **
OFFICIAL GAZETTE
GOVT. OF GOA
264
SERIES I No. 13
29TH JUNE 2000
meeting of the Board and shall not be a member
for any other purpose :
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 .
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 until the appointment of his successor is
made by the CentralGovernment .
( 2 ) A Membermay resign from office by writing
under his hand addressed to the Chairperson
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 or until his
successor shall have been duly appointed ,which
ever is longer :
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
Provided that no person shall hold office as the
Chairperson or other Member after he has
attained the age of sixty - five years .
(b ) is , or has been , convicted of an offence ,
which in the opinion of the Central Govern
ment, involves moral turpitude ; or
( 2 ) The conditions of service of the Chairperson
and other Members shall be such as may be
prescribed
( c ) is , or at any time has been , adjudicated as
an insolvent.
7. Vacation of office by Members : -- If a Mem
ber
( 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 ,
( a ) becomes subject to any of the disqualifi
cations mentioned in section 6 ; or
(b ) is, without obtaining leave of absence ,
absent from three consecutive meetings of the
Board ; or
( 4 ) Before appointing any person as the Chair
person 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.
( c ) tenders his resignation under section 5 ,
his seat shall thereupon become vacant .
(5 ) No Member of the Board shall be a benefi
ciary ofthe Trust during the period such Member
holds office .
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 del
egated to him by the Chairperson .
(6 ) The Board shall meet at least once in three
months at such time and place as may be deter
mined by the Board by regulations and shall
observe such rules of procedure in the transaction
of business at a meeting as may be prescribed .
( 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 .
( 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
( 3 ) The salary and allowances payable to , and
the other terms and conditions of service of; the
Chief Executive Officer , other Officers and em
ployees of the Trust shall be such as may be
determined by regulations .
(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 .
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 .
OFFICIAL GAZETTE
GOVT. OF GOA :;
265
29TH JUNE, 2000
SERIES I No. 13
CHAPTER HI :
OBJECTS OF THE TRUST
standard of living for the beneficiary named in the
bequest , if any , and to utilise the property
bequeathed for any other purpose for which the
bequest has been made :
10. Objects of Trust. - The objects of the Trust
shall be
(a ) to enable and empower persons with
disability to live as independently and as fully
as possible within and as close to the commu
nity to which they belong ;
Provided further that the Board shall not be
under any obligation to utilise the entire amount
mentioned in the bequest for the exclusive
benefit of the persons with disability named as
beneficiary in the bequest ;
( b ) to strengthen facilities to provide support
to persons with disability to live within their
own families;
(c ) receive from the CentralGovernment such
sums as may be considered necessary in each
financialyear for providing financial assistance
to registered organisations for carrying out any
approved programme.
(c ) to extend support to registered
organisations to provide need based services
during the period of crisis in the family of per
sons with disability ;
(2 ) For the purposes of sub - section ( 1), the ...
expression " approved programme" means
les
no
( d ) to deal with problems of persons with
disability who do not have family support ;
( a ) any programmewhich promotes indepen
dent living in the community for persons with
disability by
(e ) to promote measures for the care and
protection of personswith disability in the event
of death of their parent or guardian ;
(i) creating a conducive environment in the
community ;
(f) to evolve procedure for the appointment of
guardians and trustees for persons with dis
ability requiring such protection ;
( ii ) counselling and training of family mem
bers of persons with disability ;
( iii ) setting up of adult training units , indi
vidual and group homes;
( g ) to facilitate the realisation of equal oppor
tunities, protection of rights and full participa
tion of persons with disability ; and
(b ) any programme which promotes respite
care , foster family care or day care service for
persons with disability ;
( h ) to do any other act which is incidental to
the aforesaid objects.
1
CHAPTER IV .
( c ) setting up of residentialhostels and resi
dential homes for persons with disability ;
( d ) development of self-help groups of
personswith disability to pursue the realisation
of their rights ;
POWERS AND DUTIES OF THE BOARD
11. Powers and duties of Board .--- ( 1) The Board
shall ,
...
( e ) setting up of local level committee to
grant approval for guardianship ; and
(f) such other programmes which promote
the objectives of the Trust.
( a ) receive from the Central Government a
one- time contribution of rupees one hundred
crores for a corpus, the incomewhereof shall be
utilised to provide for adequate standard of
living for persons with disability ;
( b ) receive bequest ofmovable property from
any person for the benefit of the persons with
disability in general and for furtherance of the
objectives of the Trust in particular:
( 3) While earmarking funds for the purposes of
clause (c ) of sub - section ( 2 ), preference shall be
given to women with disability or to persons with
severe disability and to senior citizens with dis
ability .
Provided that it shall be obligatory on the part
of the Board to make arrangement for adequate
Explanation . For the purposes of this . sub
-section , the expression ,
Sexo
OFFICIAL GAZETTE
GOVT. OF GOA
266
SERIES I No. 13
29TH JUNE , 2000 :
( a ) " persons with severe disabi
lity " shall have the same meaning as
is assigned to it under sub -section ( 4 )
of section 56 of the Persons with Dis
abilities (Equal Opportunities ,
Protection of Rights and Full Partici
pation ) Act, 1995 ;
(a ) an officer of the civil service of the Union
or of the State , not below the rank of a District
Magistrate or a District Commissioner of a
district ;
of a registered
( b ) a representative
organisation ; and
1 of 1996 .
(b ) " senior citizen " means a person who is
above the age of sixty - five years or more .
( c ) 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 .
CHAPTER V
1 of 1996 .
PROCEDURE FOR REGISTRATION
(3 ) A local level committee shall continue to
work for a period of three years from the date of its
constitution or till such time it is reconstituted by
the Board .
12. Procedure for registration .-- ( 1 ) Any asso
ciation of persons with disability , or any associa
tion of parents of persons with disability or a
voluntary organisation whose main object is
promotion of welfare of persons with disability
may make an application for registration to the
Board ,
( 4 ) A local level committee shall meet at least
once in every three months or at such interval as
may be necessary .
( 2 ) An application for registration shall be made
in such form and manner and at such place as the
Board may by regulation provide and shall
contain such particulars and accompanied with
such documents and such fees as may be
provided in the regulations.
14. Appointment for guardianship .--- ( 1 ) A
parent of a person with disability or his relative
may make an application to the local level com
mittee for appointment of any person ofhis choice
to act as a guardian of the personswith disability .
( 3 ) On receipt of application for registration , the
Board may make such enquiries as it thinks fit in
respect of genuineness of the application and
correctness of any particulars thereon .
( 2 ) Any registered organisation may make an
application in the prescribed form to the local
level committee for appointment of a guardian for
a person with disability :
( 4 ) Upon receipt of such application the Board
shall either grant registration to the applicant or
reject such application for reasons to be recorded
in writing :
Provided that no such application shall be
entertained by the local level committee, unless
the consent ofthe guardian ofthe disabled person
is also obtained .
( 3 ) While considering the application , for
appointment of a guardian , the local level
committee shall consider
Provided that where registration has been
refused to the applicant, the said applicantmay
again make an application for registration after
removing defects if any, in its previous applica
tion .
(a ) whether the person with disability needs
a guardian ;
( b ) the purposes for which the guardianship
is required for person with disability .
CHAPTER VI
LOCAL LEVEL COMMITTEES
(4 ) The local level committee shall receive,
process and decide applications received under
sub - sections (1 ) and ( 2 ), in such manner asmay be
determined by regulations:
13. Constitution of local level committees.-- ( 1 )
The Board shall constitute a local level committee
for such area as may be specified by it from time
to time.
Provided that while making recommendation
for the appointment of a guardian , the local level
committee shall provide for the obligations which
are to be fulfilled by the guardian .
( 2 ) A local level committee shall consist of
Cypere.
20+
OFFICIAL GAZETTE
GOVT. OF GOA
207
20TH JUNE 2000
SERIES / No. 1
>
Explanation . - For the purposes of this Chap
ter , the expression " relative " includes any person
related to the person with disability by blood ,
marriage or adoption .
CHAPTER VII
ACCOUNTABILITY AND MONITORING
18. Accountability .-- ( 1 ) The books and docu
ments in the possession of the Board shall be open
- to inspection by any registered organisation .
( 5 ) The local level committee shall send to the
Board the particulars of the applications received
by it and orders passed thereon at such interval as
may be determined by regulations.
15. Duties of guardian . - Every person appointed
as a guardian of a person with disability under
this Chapter shall,wherever required , eitherhave
the care of such person of disability and his
property or be responsible for the maintenance of
the person with disability .
16. Guardian to furnish inventory and annual
accounts.- ( 1 ) Every person appointed as a
guardian under section 14 shall, within a period of
six months from the date of his appointment ,
deliver to the authority which appointed him , an
inventory of immovable property belonging to the
person with disability and all assets and other
movable property received on behalf of the
person with disability , together with a statement
of all claims due to and all debts and liabilities due
by such person with disability .
( 2 ) Any registered organisation can submit a
written requisition to the Board for getting a copy
of anybook or documentmaintained by the Board .
( 3 ) The Board shall frame such regulations as it
thinks necessary for allowing the access of any
book or document to a registered organisation
19.Monitoring .--- The Board shall determme by
regulations the procedure for evaluating the
prefunding status of registered organisations
seeking financial assistance from it and such
regulations may also provide for the guidelines
formonitoring and evaluating the activities ofthe
registered organisations who are receiving finan
cial assistance from the Trust .
( 2 ) Every guardian shall also furnish to the said
appointing authority within a period of three
months at the close of every financial year , an
account of the property and assets in his charge,
the sums received and disbursed on account of
the person with disability and the balance
remaining with him .
17. Removal of guardian.-( 1 ) Whenever a
parent or a relative of a person with disability
or a registered organisation finds that the
guardian is ,
( a ) abusing or neglecting a person with
disability ; or
20. Annual general meeting.- ( 1) The Board
shall in each year hold an annual generalmeeting
of registered organisations , and notmore than six
months shall elapse between the date of one
annual general meeting and that of the next .
(2) A notice of the annual generalmeeting along
with a statement of accounts and records of its
activities during the preceding year shall be sent
by the Board to every registered organisation at
such time as may be determined by regulations,
( 3 ) The quorum for such meeting shall be such
number ofpersons ofthe registered organisations
as may be determined by regulations.
CHAPTER VIII
FINANCE , ACCOUNTS AND AUDIT
( b ) misappropriating or neglecting the
property ,
it may in accordance with the prescribed
procedure apply to the committee for the removal
of such guardian .
( 2 ) Upon receiving such application the
committee may , if it is satisfied that there is a
ground for removal and for reasons to be recorded
in writing , remove such guardian and appoint a
new guardian in his place or if such a guardian is
not available make such other arrangements as
may be necessary for the care and protection of
person with disability .
( 3 ) Any person removed under sub -section ( 2 )
shall be bound to deliver the charge of all property
of the person with disability to the new guardian ,
and to account for all moneys received or dis
bursed by him .
21. Grants by the Central Government . The
CentralGovernmentmay, after due appropriation
made by Parliament by law in this behalf,make to
the Trust a one -time contribution of rupees one
hundred crores for a corpus, the income whereof
may be utilised to achieve the objects of the Trust
under this Act.
22. Fund.- ( 1 ) There shall be constituted a Fund
to be called the National Trust for Welfare of
Persons with Autism , Cerebral Palsy , Mental
Retardation and Multiple Disabilities Fund and
there shall be credited thereto
AsaANTES DE TRAVXL.
...
OFFICIAL GAZETTE
GOVT. OF GOA
208
SERIES / No. 2
297H JUNE , 2000
( a ) all moneys received from the Central
Government;
account, connected vouchers and other documents
and papers and to inspect any of the offices of the
Trust .
(b ) all moneys received by the Trust by way
of grants , gifts , donations , benefactions,
bequests or transfers ;
( 4 ) The accounts of the Trust as certified by the
Comptroller and Auditor-General of India or any
other person appointed by him in this behalf,
together with the audit report thereon , shall be
forwarded annually to the Central Government ,
and that Government shall cause the same to be
laid before each House of Parliament .
( c ) all moneys received by the Trust in any
other manner or from any other source .
...........................
(2 ) All moneys belonging to the fund shall be
deposited : in such banks or invested in such
manner as the Board may , subject to the approval
of the Central Government, decide .
( 3 ) The funds shall be applied towardsmeeting
the administrative and other expenses of the Trust
including expenses incurred in the exercise of its
powers and performance of duties by the Board in
relation to any of its activities under section 10 or
for anything relatable thereto .
25. Annual report . - The Board shall prepare
every year, in such form and within such time as
may be prescribed an annual report giving a true
and full account of its activities during the previ
ous year and copies thereof shall be forwarded to
the Central Government and that Government
shall cause the same to be laid before each House
of Parliament.
23. Budget.--- The Board shall prepare , in such
form and at such time in each financial year as
may be prescribed , the budget for the next
financialyear showing the estimated receipt and
expenditure of the Trust and shall forward the
same to the Central Government.
26. Authentication of orders, etc.- All orders
and decisions of the Board and instruments
issued in the name of the Trust shall be authenti
ated by the signature of the Chairperson , the
Chief Executive Officer or any other officer
authorised by the Chairperson in this behalf .
27. Returns and information . - The Board shall
furnish to the CentralGovernment such reports ,
returns and other information as that Government
may require from time to time.
CHAPTER IX
24. Accounts and audit. — ( 1 ) The Board shall
maintain proper accounts and other relevant
records and prepare an annual statement of
accounts of the Trust including the income and
expenditure accounts in such form as the Central
Government may prescribe and in accordance
with such general direction as may be issued by
that Government in consultation with the
Comptroller and Auditor -General of India .
MISCELLANEOUS
( 2 ) The accounts ofthe Trust shall be audited by
the Comptroller and Auditor -General of India at
such intervals as may be specified by him and any
expenditure incurred by him in connection with
such audit shall be payable by the Board to the
Comptroller and Auditor -General of India .
28. Power of Central Government to issue
directions.- ( 1 ) Without prejudice to the
foregoing provisions of this Act, the Board shall ,
in exercise of its powers or the performance of its
duties under this Act , be bound by such
directions on questions of policy as the Central
Governmentmay give in writing to it from time to
time:
Provided that the Board shall, as far as practi .
cable , be given an opportunity to express its
views before any direction is given under this
sub - section .
( 3 ) The Comptroller and Auditor- General of
India and any other person appointed by him in
connection with the audit of the accounts of the
Trust shall have the same rights , privileges and
authority in connection with such audit as the
Comptroller and Auditor -General of India
generally has in connection with the audit of the
Government accounts and in particular, shall have
the right to demand the production of books of
( 2 ) The decision of the Central Government
whether a question is one of policy or not shall be
final.
29. Power of Central Government to supersede
Board ..-- ( 1 ) If the Central Government on the
complaint of a registered organisation or
Sex
Sy
OFFICIAL GAZETTE
GOVT. OF GOA
269
24TH JUNE 2000
SERIES / No. B
otherwise has reason to believe that the Board is
unable to perform or has persistently made
default in the performance of the duties imposed
on it , the Central Governmentmay issue notice to
the Board asking why it should not be
superseded :
to tax on income, profits or gains , the
Trust shall not be liable to pay income
tax or any other tax in respect of its
income, profits or gains derived .
Provided that no order superseding the Board
shall be made by the Central Government, unless
a notice affording reasonable opportunity to the
Board has been given in writing thatwhy it should
not be superseded .
31. Protection of action taken in good faith .
No suit , prosecution or other legal proceeding
shall lie against the Central Government or the
Trust or any member of the Board or Chief Execu
tive Officer or any officer or other employee of the
Trust or any other person authorised by the Board
to perform duties under this Act for any loss or
damage caused or likely to be caused by anything
which is done in good faith .
( 2 ) The Central Government after recording
reasons in writing and by issuing a notification in
the Official Gazette supersede the Board for a
period of not more than six months:
Explanation . - For the purposes of
this section , the expression “ good faith "
shall have the same meaning as is
assigned to it in the Indian Penal Code . 45 of 1860.
Provided that on the expiration of the period of
supersession , the Central Government may
reconstitute the Board , in accordance with
section 3
( 3 ) Upon the publication of the notification
under sub - section ( 2 ),
32. Chairperson , Members and offic
ers of Trust to be public servants . - All
Members , Chief Executive Officer, other
officers and employees ofthe Trust shall
be deemed , when acting or purporting
to act in pursuance of any of the provi
sions of this Act , to be public servant
within the meaning of section 21 of the
Indian Penal Code .
( a ) all the members of the Board shall , not
withstanding that their term of office had not
expired as on the date of supersession , vacate
their office as such members ;
45 of 1860 .
(b ) all the powers and duties which may , by
or under the provisions of this Act , be exercised
or performed by or on behalf of the Trust shall,
during the period ofsupersession , be exercised
and performed by such person or persons as the
Central Government may direct .
33. Delegation .-- The Board may, by general or
special order in writing, delegate to the Chairper
son or any member or any officer of the Trust or
any other person subject to such conditions and
limitations, if any , asmay be specified in the order
such of its powers under this Act ( except the
power to make regulations under section 35 ) as it
may deem necessary .
( 4 ) On the expiration of the period of superses
sion specified in the notification issued under
sub - section ( 2 ), the Central Government may
34. Power to make rules.- ( 1 ) The Central
Government may , by notification in the Official
Gazette , make rules for carrying out the
provisions of this Act .
( a ) extend the period of supersession for such
further period as it may consider necessary so
that the total period of supersession does not .
exceed more than six months ;
( 2 ) In particular , and without prejudice to the
generality of the foregoing powers , such rules
may provide for all or any of the following mat
ters , namely :
or
(b ) reconstitute the Board in themanner pro
vided in section 3 .
( a ) the procedure in accordance with which
the
persons representing registered
organisation shall be elected under clause (b )
of sub - section ( 4 ) of section 3 ;
30. Exemption from tax on income.
Notwithstanding anything contained in
the Income-tax Act, 1961, or any other 43 of 1961.
law for the time being in force relating
( b ) the conditions of service of the Chairper
son and Members under sub - section ( 2 ) of
section 4 ;
OFFICIAL GAZETTE
GOVT. OF GOA
274)
SERIES / No. 1
29TH JUNE 2000
( c ) the rules of procedure in the transaction
of business at meetings of the Board under
sub - section (6 ) of section 4 ;
employees of the Trust under sub - section ( 3 )
of section 8 ;
( d ) the powers and duties of the Chief
Executive Officer under sub - section ( 1 ) of
section 8 ;
( d ) the form and manner in which the applica
tion shall be made for registration under
sub - section ( 2 ) of section 12 and the particulars
which such application shall contain under that
sub - section ;
( e ) the form in which an application for
guardianship may be made by a registe
red organisation under sub - section (2 ) of
section 14 ;
( e ) themanner in which application for guard
ianship shall be received , processed and
decided by the local level committee under
sub - section ( 4 ) of section 14 ;
(f) the procedure in accordance with which a
guardian may be removed under section 17 ;
(f) the particulars of applications and orders
passed thereon by the local level committee
under sub - section (5 ) of section 14 ;
( g ) the form in which , and the time within
which , the budget of the Trust shall be
forwarded to the Central Government under
section 23 ;
( g ) the procedure for evaluating the pre - fund
ing status of the registered organisations and
framing of guidelines formonitoring and evalu
ating the activities of such registered
organisations under section 19 ;
( h ) the form in which the annual statement of
accounts shall be maintained under sub - sec
tion ( 1 ) of section 24 ;
(i) the form in which , and the time within
which , the annual reports shall be prepared
and forwarded under section 25 ;
(h ) the time within which notice for annual
generalmeeting shall be sent and quorum for
such meeting under sub - sections (2 ) and ( 3 ) of
section 20 ; and
6 ) any other matter which is required to be,
or may be , prescribed .
( i) any other matter which is required tu be ,
ormay be , provided by regulations.
35. Power to make regulations.-- ( 1 ) The Board
may, with the previous approval of the Central
Government , by notification in the Official
Gazette , make regulations consistent with this
Act and rules generally to carry out the purposes
of this Act.
( 2 ) In particular , and without prejudice to the
generality of the foregoing power , such regula
tions may provide for all or any of the following
matters, namely :
36. Rules and regulations to be laid before Par
liament. Every rule and every regulation made
under this Act shall be laid , as soon as may be
after it is made, before each House of Parliament,
while it is in session , for a total period of thirty
days which may be comprised in one session or in
two or more successive sessions , and if , before
the expiry of the session immediately following
the session or the successive sessions aforesaid ,
both Houses agree in making any modification in
the rule or regulation or both Houses agree that
the rule or regulation should not be made , the rule
or regulation shall thereafter have effect only in
such modified form or be of no effect , as the case
may be; so , however, that any such modification
or annulment shall be without prejudice to the
validity of anything previously done under that
rule or regulation .
( a ) the manner and purpose for which a per
son may be associated under sub -section (5 ) of
section 3 ;
( b ) the time and place at which the Board
shall meet under sub - section (6 ) of section 4 ;
(c ) the terms and conditions of service of ,
Chief Executive Officer , other officers and
GOVERNMENT PRINTING PRESS ,
PANASI - GOA .
PRICE : Rs. 5.00
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"\n\n\n\n\n215 \n\n\n\nm \n\nAL-I-‘IMRAN \n\nJl \n\nINTRODUCTION \n\nThis Surah takes its name fro(...TRUNCATED) | archive.org_DjVuTXT_Part1/003 Al-I-Imran_djvu.txt | IA-books | 155,516 | 10,470.8 | en | 7 |
"\n\n\n\n\n\nPor le inserzioni rivolgersi \nulla Società An. A. Manzoni \n& C. UDINE — Via Lovari(...TRUNCATED) | archive.org_DjVuTXT_Part1/006_GiornaleUdine_06-01-1930_djvu.txt | IA-books | 113,119 | 15,863.7 | it | 6 |
"[ 299 ] \n\n\n\nV. The External Features in the Development of Lepidosiren paradoxa, F.rrz. # \n\nB(...TRUNCATED) | archive.org_DjVuTXT_Part1/00701020_djvu.txt | IA-books | 121,059 | 11,483.4 | en | 8 |
"il \n\n\nioni \nro» \nità, \nloro \n\n\nma \nme \nrno \n‘af \nsso \n\n\nmo \ntti \nilo, \nie- \(...TRUNCATED) | archive.org_DjVuTXT_Part1/008_GiornaleUdine_09-01-1874_djvu.txt | IA-books | 67,842 | 16,980 | it | 2 |
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"Ne \n\n\n— \n\n\n\n\n\nAnno XLII \n\n\n\n\n\n€ ASSOCIAZIONI \n\n\nUdine a domicilio e in \n\ntu(...TRUNCATED) | archive.org_DjVuTXT_Part1/010_GiornaleUdine_11-01-1908_djvu.txt | IA-books | 66,914 | 16,748.6 | it | 0 |
"\n\n\n\n\n\n\n\nLEVITATION ACT \n\n\n\nZaha Hadid’s \n\nPHAENO SCIENCE CENTER \n\n\n.tag \n\n\nfl(...TRUNCATED) | archive.org_DjVuTXT_Part1/02.06_-_architectural_record_djvu.txt | IA-books | 442,704 | 18,464.6 | en | 9 |
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