The Government Institute for Mentally Retarded Children, Sector 32, Chandigarh was appointed as Information Centre for National Trust vide number, 1/74/NAT/2001, dated 8-4-02 and Sh. C. B. Pahuja was appointed the Nodal Officer of the centre. The National Trust is a statutory body under the Ministry of Social Justice and Empowerment, Government of India, set up under "National Trust Act" for the welfare of the persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (Act 44 of 1999)
The basic objects of the National Trust are :-
a) to enable and empower the 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 organizations 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 parent or guardian;
f) to evolve procedures for the appointment of guardians and trustees for persons with disability requiring such protection;
g) to facilitate the realization of equal, protection of rights and full participation of persons with disability, and
h) to do any other act which is incidental to the aforesaid objects.
The two schemes of the National Trust under the broad relief and reach programme for the welfare of persons with Autism, cerebral palsy, mental retardation and multiple disabilities are establishment of relief institutions for providing institutional care and training of the care givers. Both the schemes have been approved by the ministry.
GUARDIANSHIP
The National Trust Act NTA (1999) for the welfare of persons with Autism, Cerebral Palsy , Mental Retardation and Multiple Disabilities is an act of parliament for the welfare of disabled persons . One of the major aim of the National Trust Act is to "lay down procedures for the appointment of the guardianship and trustees for persons who require this protection. The NTA for the first time gives this right to parents, relatives or registered organizations to ask for the appointment of guardians for the persons with disability even after they are 18 years of age.
Who is Guardian?
A Guardian is a person who assumes the care and protection of another person. The guardian takes all legal decisions on behalf of the person, about his care & property.
Why is there need of Guardian?
All the parents are legal guardians of their children till the child attains 18 years of age. Once the child turns 18 years of age, legally the child has become an adult and is supposed to take all the decisions by him or her self , the parents can no longer legally represent their child. Persons with Autism, Mental Retardation ,Cerebral Palsy and Multiple Disabilities are not able to manage or take any legal decisions for their betterment and therefore they require someone to protect their interest in the legal areas all through their lives. The NTA for the first time enables the person with disabilities to have a guardian representing him / her throughout their lives.
NATURE OF GUARDIANSHIP:-
NTA has provision for two kinds of guardianship. They are -> Guardian for the person -> Guardian for the person and property. Persons with Cerebral Palsy, Autism. and other Multiple Disabilities who have mental retardation will need legal guardians to represent them both for their persons as well as their property. However the persons with disabilities who do not have mental disability may perhaps require only a guardian for their person.
WHY SHOULD PARENT GET LEGAL GUARDIANSHIP OF THEIR CHILD?
Though parents take full responsibility of looking after their child, even after the child is 18 years of age. They will need to legally represent their child as his or her guardians in many situations. 1. Guardianship may be needed to apply for loans and concession or schemes meant for persons with disability. 2. Guardianship may be needed for managing investments for the benefit of their son or daughter with disability: Under NTA, parents can now remain guardians of their child even after he/she is over 18 years of age. They can then manage the property on his behalf, and it can remain in the name of the person with disability. This can be seen as one step in ensuring that the investment is actually used for the benefit of the person with mental disability. For opening and operating bank account in the child name, the parent would need to have the guardianship of their child. 3. To safeguard the interest of child: If, for any reason the person with disability gets involved in any criminal activity, or for some reasons goes to jail, he will need a legal guardian to act on his behalf. 4. The major worry that parents have is, " What will happen to my child after me"? Under NTA , there are provisions for monitoring of guardians Parents also can open Trusts for their child
WHO ELSE CAN ASK FOR APPOINTMENT OF GUARDIAN ?
Under NTA , apart from parents, a disabled person / relatives and registered organizations can also take the initiative to have a guardian appointed for a person with disability. The local Level Committee can also ask the following to take on guardianship of a destiute or abandoned person with disability. -> A non- government organization working in the area of disability -> A registered parents association -> An organization of persons with disability For the purpose of the act a registered organization is one , which is registered with the National Trust
WHAT IS THE PROCEDURE FOR GETTING GUARDIANSHIP ?
A parent or relative would need to move an application ( Form -A) to the Local Level Committee asking for appointment of the guardian. Each district of states / UT should have a Local Level Committee. The primary role of Local Level Committee is in coordinating , initiating and protecting the rights and promoting the interests of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.
FOLLOWING DOCUMENTS ARE TO BE ATTACHED WITH APPLICATION ( FORM A)
1. Photograph of the child and person asking for guardianship
2. A Disability Certificate ( Issued by GIMRC)
3. Proof of Date of Birth of the disabled person
4. Proof of residence (Ration card , Telephone Bill , Electricity Bill , Passport, Voter's Indentity Card)
5. Affidavit to the effect that the person applying for the guardian is biological parent / relative of the person and declaration that :-
(i) He / She is of sound mind
(ii) He /She has not been convicted
(iii) He /She is not destitute or dependent on others
(iv) He/ She is a citizen of India
(v) He / She is not bankrupt
When to apply?
Parents are natural guardian of their children, till their child turns 18 The need for Guardianship arises once the child turns 18 . Even if the child is 30 years old, one can apply for Guardianship under the NTA.
Where to Apply?
Application forms are available with Govt. Institute for Mentally Retarded Children, Director Social Welfare and Sarpanches / Counselors . Completed application form should be submitted in the Govt. Institute for Mentally Retarded Children Sec-32,chandigarh
PROCEDURE FOR REMOVAL OF THE GUARDIAN:
A guardian can be removed if a parent / relative of the person with disability or a registered organization applies to the Local Level committee, in the prescribed procedure, stating that the guardian is:
A) Abusing or neglecting a person with disability
B) Misappropriating or neglecting the property Abuse or neglect by the guardian would entail the following:
a) Solitary confinement of person with disability in a room for longer period of time.
b) Chaining of the person with disability
c) Beating or physical abuse of a person with disability
d) Sexual abuse
e) Long deprivation of physical need i.e food, water and clothing
f) No provision or non compliance of rehabilitation or training programme as prescribed by experts in the field of disability rehabilitation
g) Misappropriating or misutilization of the property of the persons with disability
h) Lack of facilities or no provision of trained or adequate staff for meeting the training and management needs of the person with disabilities.
FOR FURTHER DETAILS, CONTACT :
Sh. C.B Pahuja , Nodal officer , National Trust Information Center on 2647760, Between 8:00 to 2:00 P.M,
Government Institute for Mentally Retarded Children, Chandigarh.