The National Trust f Act, 1999.pptx

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About This Presentation

The National Trust for Welfare of Persons with Autism, Cerebral Palsy,Mental Retardation and Multiple Disabilities Act, 1999;
Act to provide for the constitution of a body at the national level for the Welfare of Persons with
Autism,
Cerebral Palsy,
Mental Retardation and
Multiple Disabilities �...


Slide Content

The National Trust f Act, 1999 PRASANTH P ASST. PROFESSOR GBCTE, THALASSERY

The National Trust for Welfare of Persons with Autism, Cerebral Palsy,Mental Retardation and Multiple Disabilities Act, 1999;

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 30th December; 1999/Pausa 9, 1921 (Saka)

Parents Major Worry

“What Will Happen to Our Child When We Are No More ?”

The Act received the assent of the president on 30th December 1999 Acted by parliament in 50th year of the republic of India.

Act to provide for the constitution of a body at the national level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities • To handle their related issues

CHAPTER I PRELIMINARY Short Title & Extent This Act may be called the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

It extends to the whole of India except the State of Jammu & Kashmir.( at the time of implementation)

Mar 04, 2016 Jammu & Kashmir approves Trust for welfare of mentally challenged JAMMU: J ammu and Kashmir government has approved a legislation for the setting up of a trust for the welfare of mentally challenged persons. The State Administrative Council (SAC), under the chairmanship of Governor N N Vohra, approved the 'Jammu and Kashmir State Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2016' yesterday.

"Autism " means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour;

Autism spectrum disorder (ASD) is a neurological and developmental disorder that affects how people interact with others, communicate, learn, and behave . Although autism can be diagnosed at any age, it is described as a “developmental disorder” because symptoms generally appear in the first 2 years of life.

Much research has been conducted to try to aid the identification of Autism in early childhood. Some clear signs have now been identified that help parents to recognize the symptoms & characteristics of Autism and other possible developmental challenges in their children.

Autism Checklist When you call your child’s name, do they consistently turn their head? Does your child make direct eye contact with you as much as other children do? Does your child look at toys you show them? When you play with your child, do they smile at you often? Does your child use body language and gestures to communicate with you (e.g. pointing, waving, showing objects and reaching)? If so, do they use eye contact at the same time as using a gesture? Does your child exchange sounds (or words) with you back and forth?

Signs that may indicate a developmental challenge An unusual insistence on routine

A preference for being alone or aloofness

A resistance to being held or touched

Spinning objects or unusual sensory interests in objects (e.g. peering at objects, sniffing or licking non-food items, watching objects fall) Engaging in repetitious motor movements or activities (e.g. running in circles, flapping hands, lining up objects)

Repeating words or phrases Laughing, crying or showing distress in situations where one would not usually see or predict such a reaction

No apparent response to verbal instructions despite normal results to hearing tests A strong sensitivity to sensory stimuli (sounds, lights, tactile sensations, commotion)

Social communication / interaction behaviors may include: Making little or inconsistent eye contact Appearing not to look at or listen to people who are talking Infrequently sharing interest, emotion, or enjoyment of objects or activities (including infrequent pointing at or showing things to others)

Not responding or being slow to respond to one’s name or to other verbal bids for attention Having difficulties with the back and forth of conversation Often talking at length about a favorite subject without noticing that others are not interested or without giving others a chance to respond

Displaying facial expressions, movements, and gestures that do not match what is being said Having an unusual tone of voice that may sound sing-song or flat and robot-like

Having trouble understanding another person’s point of view or being unable to predict or understand other people’s actions Difficulties adjusting behaviors to social situations Difficulties sharing in imaginative play or in making friends

"cerebral palsy" means a group of non-progressive conditions of a person characterised by abnormal motor control and posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;

"Mental Retardation" means a condition of arrested or incomplete development of mind of person which is specially characterised by sub-normality of intelligence;

"Multiple Disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

"persons with disability" means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability;

"severe disability" means disability with eighty percent or more of one or more multiple disabilities;

CHAPTER II THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITY

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.

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.

The Board consist of- 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;

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

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, associations of parents of persons with autism, cerebral palsy, mental retardation and multiple disability and from associations of persons with disability

Eight persons not below the rank of Joint Secretary to the Government of India nominated by the 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

Three Persons to be nominated by the Board representing the associations of trade, commerce and industry engaged in philanthropic activities, members;

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

Chapter 2 : Superintendence, direction & management of the TRUST CONSTITUTION OF BOARD A CHAIRPERSON • 9 MEMBERS - 3 each from Voluntary organization, Association of persons with autism..associations of Persons with disability, • 8 PERSONS FROM MINISTRIES & DEPARTMENTS • 3 PERSONS FROM INDUSTRY • CHIEF EXECUTIVE OFFICER • 3 Years Term

Chapter 3 OBJECTIVES EMPOWER INDIVIDUAL TO LIVE CLOSE TO COMMUNITY • STRENGTHEN FACILITIES FOR PERSONS TO LIVE IN FAMILY • SUPPORT ORGANIZATIONS PROVIDING SERVICES DURING CRISIS

To enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong;

CHAPTER III OBJECTS OF THE TRUST To enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong;

(b) to strengthen facilities to provide support to persons with disability to live within their own families;

(c) to extend support to registered organisations to provide need based services during period of crisis in the family of persons with disability;

(d) to deal with problems of persons with disability who do not have family support

(e) to promote measures for the care and protection of persons with disability in the event of death of their parents or guardians;

(f) to evolve procedure for the appointment of guardians and trustees for persons with disability requiring such protection;

(g) to facilitate the realisation of equal opportunities, protection of rights and full participation of persons with disability

(h) to do any other act which is incidental to the aforesaid objects.

CHAPTER IV POWERS AND DUTIES OF THE BOARD The Board shall receive from the Central Government a one-time contribution of rupees one hundred crores for a corpus, the income whereof shall be utilised to provide for adequate standard of living for persons with disability;

CHAPTER V PROCEDURE FOR REGISTRATION - Any association of persons with disability, or any association 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.

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.

Registration Fees is Rs. 2000/- for urban & Rs. 1000/- for rural area. The fee is to be deposited electronically.

CHAPTER VI LOCAL LEVEL COMMITTEE The Board shall constitute a local level committee for such area as may be specified by it from time to time.

A local level committee shall consist of- 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. a representative of a registered organisation; and a person with disability as defined in clause (f) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996).

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.

A local level committee shall meet at least once in every three months or at such interval as may be necessary

Appointment of guardianship 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

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.

While considering the application for appointment of a guardian, the local level committee shall consider- - whether the person with disability needs a guardian; - the purposes for which the guardianship is required for person with disability.

Appointment of Legal Guardians Section 14-17 of The National Trust Act, 1999 elaborates on Guardianship for persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, to be given by the Local Level Committee. Guardianship is a need based enabling provision

A guardian is a person, who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward.

Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities are in a special situation as even after they have acquired 18 years of age, they may not always be capable of managing their own lives or taking legal decisions for their own betterment. Therefore, they may require someone to represent their interests in the legal areas throughout their lives.

However, in cases of cerebral palsy and multiple disabilities, there may be a need for only limited guardianship because of the availability of enabling mechanisms and/ or scientific facilitations, which enable such persons to function with varying degrees of independence.

Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to receive application in Form A under Rule 16(1) & appoint guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities. It also provides mechanism for monitoring and protecting their interests including their properties.

Duties of Guardian Every person appointed as a guardian of a person with disability under this Chapter shall, wherever required, either have the care of such persons of disability and his property or be responsible for the maintenance of the person with disability.

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.

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 (b) misappropriating or neglecting the property, it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian.

Committees under NTA Local Level Committee (LLC) :Local Level Committee is required to be constituted in every district of the country for a period of three years or till it is reconstituted by the Board. The function of Local Level Committee is to screen, appoint, monitor and remove legal guardians. LLCs also promote activities such as Awareness generation, convergence and mainstreaming of persons with disabilities

State Nodal Agency Centre (SNAC) In order to carry out the activities of the National Trust, its effective implementation at the state level and for coordination/liaison with the concerned State Government Departments, a reputed Registered Organization of the National Trust is appointed as State Nodal Agency Centre (SNAC). The National Trust provides funds for conducting institutional activities namely meetings of Registered Organizations / Local Level Committee(LLCs), State Level Coordination Committees (SLCCs), documentation / Reporting, honorarium for coordinator, misc. Activities. At present, there are 28 SNACs in the country.

State Level Coordination Committee (SLCC) Every State/UT Government has been requested to set up a State Level Coordination Committee (SLCC) for effective implementation and monitoring of the schemes of the National Trust. The Secretary of the State Government looking after disability affairs is the Chairperson and the respective SNAC is the convener of the Committee. So far, SLCCs have been constituted in 30 States / Union Territories.

Schemes under NTA

DISHA Early Intervention and School Readiness Scheme This is an early intervention and school readiness scheme for children upto 10 years with the disabilities covered under the National Trust Act.

This is an early intervention and school readiness scheme for children in the age group of 0-10 years with the four disabilities covered under the National Trust Act and aims at setting up Disha Centres for early intervention for Persons with Disabilities (Divyangjan) through therapies, trainings and providing support to family members. The project holders should provide day-care facilities to PwDs (Divyangjan) for at least 4 hours in a day (between 8 am and 6 pm) along with age specific activities. There should be a Special Educator or Early Intervention Therapist, Physiotherapist or Occupational Therapist and Counsellor for PwDs (Divyangjan) along with Caregiver and Ayas in the centre.

Early intervention and school readiness scheme. Children in the age group of 0-10 years are eligible. Provision of Therapies, trainings and providing support to family members. Day-care facilities to PwD for at least 4 hours in a day. Batch size 20 PwDs. RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs.

This scheme aims at setting up Disha Centres for early intervention for Person with Disability (PwD) in 0-10 years of age covered under the National Trust Act, through therapies, trainings and providing support to family members. Registered Organization (RO) should provide following minimum facilities in their Disha Centre:

I. Day Care RO should provide daycare facilities to PwD for at least 4 hours in a day (between 8am to 6pm ) along with age specific activities. Day care should be open for at least 21 days in a month. The minimum attendance required for a PwD in the Disha centre is 15 days per month for the National Trust to fund the PwD.

Batch size of a Disha centre is 20 PwDs with a maximum number of PwDs allowed is 30% extra of batch size i.e. 26 for Disha Centres. On reaching the maximum limit of 26 PwDs, Disha centre shall not allow anymore PwDs to enrol in the centre. ROs are encouraged to apply again if they have sufficient number of PwDs for the new Disha Centre.

RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs (which will be paid seats for RO). Payment for the above LIG seats could be received by RO from parents, guardians, family members, RO or any other institute/ individual directly as per mutual agreed terms and conditions between RO and the other party involved (parents, guardians, family members, RO or any other institute/ individual)The ROs should also get in touch with paediatricians or experts in similar field to seek help in getting more PwD enrolled in the Disha centre.

Staff Requirement Provision of a Special Educator; or Early Intervention Therapist, Physiotherapist or Occupational Therapist Counsellor for PwD Caregiver Ayas Staffing There should be a provision of a Special Educator or Early Intervention Therapist, Physiotherapist or Occupational Therapist and Counsellor for PwD along with Caregiver and Ayas in the centre. Availability of a Physical trainer and speech therapist in these centres is also desirable.

Eligibility Criteria for Registered Organisations (ROs) and Persons with Disabilities (PwDs) Must be Registered with the National Trust. Must be Registered under the PwD Act. Must not have been blacklisted by the State / Central Govt. / Other Govt. RO should have minimum 2 years of experience of working with PwDs with at least one year in one of the four disabilities under the National Trust Act Bank Account details of the Registered Organisation. E-mail ID and contact details of the Registered Organisation.

Vikaas (Day Care) Day care scheme, primarily for enhancing interpersonal and vocational skills. Provision of caregiving support to PwD is in centre. Helps in supporting family members of the PwDs to get some time during the day to fulfil other responsibilities. Day-care facilities to PwDs for at least 6 hours in a day along with age specific activities. RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs. Batch size 30 PwDs. Scheme will be available in the entire country

This is a Day care scheme for Divyangjan attaining the age of 10 years and above, primarily to expand the range of opportunities available to a person with disability for enhancing interpersonal and vocational skills as they are on a transition to higher age groups. The centre offers care giving support to Persons with Disabilities (Divyangjan) during the time the Divyangjan are in the Vikaas centre.

In addition, it also helps in supporting family members of the Persons with disabilities covered under the National Trust Act to get some time during the day to fulfil other responsibilities. The project holders should provide day-care facilities to Divyangjan for at least 6 hours in a day (between 8 am and 6 pm) along with age specific activities. Day care should be opened for at least 21 days in a month.

Samarth (Respite Care) Respite home for orphans or abandoned, families in crisis and also for Persons with Disabilities (PwD) from BPL & LIG families including destitute Opportunities for family members to get respite time in order to fulfil other responsibilities. Group home facility for all age groups with adequate and quality care service with acceptable living standards including provision of basic medical care from professional doctors. Batch size 30 PwDs. RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs. Scheme will be available in the entire country

Respite care is short-term care that is provided for very old or very sick people so that the person who usually cares for them can have a break .

The objective of Samarth scheme is to provide respite care home for orphans or abandoned, families in crisis and also for Persons with Disabilities (Divyangjan) from BPL & LIG families including destitute with at least one of the four disabilities covered under the National Trust Act.

The scheme provides for creating opportunities for family members to get respite time in order to fulfil other responsibilities. Under the Scheme Samarth Centres are set up for providing group home facility for all age groups with adequate and quality care service with acceptable living standards including provision of basic medical care from professional doctors.

GHARAUNDA (Group Home for Adults) An assured home and minimum quality of care services throughout the life of the PwD. Adequate and quality care service with acceptable living standards including provision of basic medical care from professional doctors. Vocational activities, pre-vocational activities and assistance for further training. Batch size 20 PwDs. RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs. Scheme will be available in the entire country.

The objective of Gharaunda scheme is to provide an assured home and minimum quality of care services throughout the life of the persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities. The scheme also facilitates establishment of requisite infrastructure for the assured care system throughout the country, encourage assisted living with independence and dignity and provide care services on a sustainable basis.

. Samarth-cum-Gharaunda Scheme (Residential) For the Registered Organisations, who were implementing multiple schemes, an option for implementing merged scheme was given. Based on the consent given by the ROs and the scheme guidelines, 12 ROs were allotted the merged Samarth-cum-Gharaunda Scheme (Residential) w.e.f. 1.4.2018.

NIRAMAYA (Health Insurance Scheme) Affordable Health Insurance to PwDs. Health insurance cover of up to Rs. 1.0 lakh. Facility for OPD treatment including the medicines, pathology, diagnostic tests, etc, Regular Medical checkup for non-ailing disabled, Dental Preventive Dentistry, Surgery to prevent further aggravation of disability, Non- Surgical/ Hospitalization, Corrective Surgeries for existing Disability including congenital disability, Ongoing Therapies to reduce impact of disability and disability related complications, Alternative Medicine. Transportation costs. No pre-insurance medical tests required. The scheme will be available in the entire country.

The National Trust is implementing Niramaya Health Insurance Scheme for persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and there is no age bar. Under the Scheme, there is an insurance cover of Rs.1 lakh, which covers OPD, Diagnostic Test, Therapies, Corrective Surgeries, Alternative Medicine and Transportation.

The treatment can be taken from any authorized medical practitioner/health care center. It is on reimbursement basis. The scheme is operational in the entire country through more than 700 Registered Organisations who facilitate Divyangjan in filling the online application. Any person with aforesaid condition can avail benefit by paying a nominal fee. From 2021-22, renewal under the scheme can be done by parents/guardians themselves through the portal.

Scheme Description The scheme envisages delivering comprehensive cover which will Have a single premium across age band Provide same coverage irrespective of the type of disability covered under the National Trust Act Insurance cover upto Rs.1.0 lakh , on reimbursement basis only. All persons with disabilities under the National Trust Act with valid disability certificate will be eligible and included. No pre-insurance medical tests Treatment can be taken from any hospital. Niramaya’s Health Insurance Scheme Revised Benefit Chart (on Reimbursement Basis only w.e.f.April, 2022)

SAHYOGI (Care Associate Training Scheme) Setting up Care Associate Cells (CACs). Provide training and create a skilled workforce of care associates to provide adequate and nurturing care for Person with Disabilities (PwDs) and their families who require it. It also seeks to provide parents an opportunity to get trained in caregiving if they so desire. Provide a choice of training through two levels of courses primary and advanced.

This scheme aims at setting up Care Associate Cells (CACs) to provide training and create a skilled workforce of care associates to provide adequate and nurturing care for Person with Disabilities (PwD) and their families who require it.It also seeks to provide parents an opportunity to get trained in caregiving if they so desire. This scheme will provide a choice of training through two levels of courses to allow it to create care associates suited to work both with families of persons with Disabilities (PwDs) and other institutions catering to the needs of the PwDs (NGOs, work centres etc.). T

GYAN PRABHA (Educational Support) The scheme is discontinued from 24.01.2018

PRERNA (Marketing Assistance) Prerna is the marketing assistance scheme with an objective to create viable and widespread channels for sale of products and services produced by PwDs. This scheme aims at providing funds to participate in events such as exhibitions, melas, fairs, etc. to sell the products made by PwDs. The scheme also provides an incentive to the Registered Organisation (RO) based on the sales turnover of the products.

The National Trust shall fund RO participation in national, regional, state and district level events such as fairs, exhibitions, melas etc. for marketing and selling products and services prepared by PwDs. At least 51% of employees of these work centres should be PwDs covered under National Trust Act.

This scheme aims at providing funds to participate in events such as exhibitions, melas, fairs, etc. to sell the products made by PwDs. The scheme also provides an incentive to the Registered Organisation (RO) based on the sales turnover of the products made by PwDs

SAMBHAV (Aids and Assistive Devices) Setup an additional resource centre, in each city of the country. Collate and collect the Aids, software and other form of assistive devices developed with a provision of display and demonstration of the devices. Maintaining information, pertaining to aids and assistive devices present at Sambhav centre, on the National Trust website. Provide information and easy access to devices, appliances, aids, software etc. Display and demonstration of the devices to the concerned stakeholders

This scheme aims at setting up of one Sambhav Centre in each city of India with population greater than 5 million (As per 2011 census).

BADHTE KADAM (Awareness, Community Interaction and Innovative Project) A Badhte Kadam aims at community awareness, sensitisation, social integration and mainstreaming of Persons with Disabilities. It has below mentioned objectives: Raise awareness in the public, regarding Person with Disability (PwD) covered under the NationalTrust Act and encourage their inclusion in the society, social integration and participation of persons with disabilities in all aspects of life. Disseminate information on preventive strategies for the disabilities under the National Trust Act,1999

Sensitize community stakeholders Publicize and maximize benefits of the National Trust schemes for Registered Organization(RO),PwDs and for families of PwDs. Increase representation in remote areas and in areas where the National Trust is under represented Spread awareness about myths and misconceptions about disability, disability etiquette etc.

Scheme Description This scheme shall support Registered Organisations (RO) of the National Trust to carry out activities that focus on increasing the awareness of the the National Trust disabilities.

Sampark-`In the Hour of Need scheme’ The National Trust had launched Sampark – `In the hour of need' scheme on 1-11-2019. The objective of the scheme is to provide necessary support to Divyangjan covered under the National Trust Act in case of natural calamity like – Cyclone, Earthquake, Flood etc. for a period of 100 days, to commence from the first day of each programme.

The Sampark scheme was implemented in the Super Cyclone affected 10 districts of Odisha and 13 districts of West Bengal. At present, the Sampark scheme is being implemented in 3 districts of Maharashtra, 9 districts of Gujarat, 9 districts of Odisha and 8 districts of West Bengal, due to the cyclones `Tauktae’ and ‘YAAS'.

Cyclones ‘Tauktae’ and ‘Yaas’ among 15 most destructive climate disasters of 2021 Updated - December 27, 2021 at 11:57 AM. | Thiruvananthapuram, Dec 27

The 100 days period of the scheme ended on 8-11-2021. However, due to the unique nature of scheme, which requires lot of publicity and coordination among Registered Organizations, parents and professionals working in the field, the scheme is extended till 16-2-2022.

Thank you