As per Section 13 (1) of the National Trust Act 1999, the Board shall constitute a Local Level Committee for such area as may be specified from time to time.
As per section 13(2) a local level committee shall consist of -
Source- Section 13(1) and (2) of National Trust Act-1999.
Co-opted additional Members
LLCs have been advised to include following as co-opted members in addition to the statutory members to assist them in their functioning
Apart from above LLC could involve any other Govt. Officer or Disability Experts for rendering justice to the case and effective functioning.
Source-Guidelines issued in October 2007 based on Section 13(5) of National Trust Regulations.
Appointment of Guardian
As per section 14(1) of National Trust Act “a parent of a person with disability or his relative may make an application to the Local Level Committee for appointment of any person of his choice to act as a guardian of the persons with disability”.
Removal of Guardian
As per Section 17(1) of National Trust Act “ whenever a parent or a relative of a person with disability or a registered organisation finds that the guardian is –
Source: Section 14-17 of National Trust Act
Legal Guardianship under the Act is for person or property or both.
Source-As per Section 14(3) and Form B under Section 16(2) of NT Rules and as per advice of ALA.
Source-In 43rd Board meeting held on 4th March 2011 Chairperson was authorised to decide the funding pattern and accordingly the above heads were decided by the competent authority. The pattern was revised based on practical experience on Home Visits of Sh Venugopalan, the then Board Member and LLC NGO Member, Kollam, Kerala. Accordingly the Funding Pattern was revised in 49th Board Meeting dated 4th April 2012 with inclusion of Rs.500/- for field visit.
Every Local Level Committee (LLC) should constitute sub-committee(s) for field work and for secretarial assistance in expeditious disposal of statutory responsibilities of LLCs.
Bank Account of LLCs
A separate bank account in the name of “Local Level Committee - name of the district, name of the state” has to be opened in which the first signatory shall be the District Collector/Magistrate or his representative, second signatory will be the NGO member and the 3rd signatory will be the PwD member of the LLC.
The account can be operated by first signatory and any one of the 2nd /3rd signatory.
Custodian of cheque book/pass book and account detail shall be the NGO member of the LLC
The NGO Member of the LLC shall also be the convener of the LLC.
Source-Guidelines Issued vide letter dated 30/5/2008 to all LLCs by JS&CEO.
Read & Download Form A (see rule 16(1))-(Form of Application to the LLC for appointment of guardian for person with Disability)
Read & Download Form-B (Certificate of Appointment of Guardianship)
Read & Download Form-C (see Rule 27(1)- Form of return covering property of the ward to be submitted by the guardian within 6 months of his appointment as guardian).
Read & Download Form-D(see Rule 27(2)-(Form of account of the property and assets to be furnished by the guardian within a period of 3 months of the close of every financial year)
Source - Form under National Trust
1. As per section 10(1) of the National Trust Rules “one third of the total members shall form the quorum for any meeting”. Hence the Chairperson of LLC alone can take up cases of Legal guardianship.
Source: Section 10(1) of National Trust Rules.
2. It may be noted that the District Collector/ LLC can nominate/co-opt other district officials/ non-officials as Convenor and non-statutory members. It is, therefore, open to the LLC to take such administrative assistance in the conduct of its meetings and maintenance of records as the DM/DC may consider expedient.
Source- Elaboration based on Section 13(5) of National Trust Regulations.
3. The LLC shall keep in mind principles of natural justice while considering issues concerning guardianship and may rely on documents certified by appropriate authorities and may also accept affidavits in support of factual matters. It may also examine witnesses though it has no power to issue summons to anybody.
Source-As per Legal Advice of ALA.
4. In matters of doubt or interpretation of the provisions of the National Trust Act, Rules and Regulations, the Committee may refer the questions to the Senior Lawyer as co-opted member in the LLC.
Source: Elaboration of Section 13(5) of National Trust Regulations.
5. In contentious matters concerning property disputes relating to the property of persons with disabilities, it would be appropriate to ask the parties to resolve their disputes in the appropriate court of law. But till such time the guardianship application should not be kept in abeyance and should be decided in the best interest of the person with disability.
Section 14(3) if read with form B under National Trust Rules the guardianship has four categories. Therefore, the same has been elaborated in this para and as per legal advice of ALA.
6. It is mandatory as per Section 13(4) for LLCs to meet at least once in every three months or at such intervals as may be necessary. Hence there is no restriction to hold as many meetings as are necessary to decide on the applications for Guardianship in the interest of person with disability.
Source: Section 13(4) of National Trust Act.
Last Updated On: 27-03-2017
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