The National Trust Act, 1999

 
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MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS 
(Legislative Department) 
New Delhi, the 30th December; 1999/Pausa 9, 1921 (Saka) 
The following Act of Parliament received the assent of the President on  
the 30th December, 1999 and is hereby published for general information :- 
THE NATIONAL TRUST FOR THE WELFARE OF PERSONS WITH AUTISM, 
CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE 
DISABILITIES ACT, 1999  
No.44 of 1999 
[30th December, 1999] An 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 and for matters connected 
therewith or incidental thereto. 
- Be it enacted by Parliament in the Fiftieth year of the  
Republic of India as follows:- 
CHAPTER I 
PRELIMINARY 
Short Title & Extent 
1.  (1)  This Act may be called the Natio nal Trust For the Welfare of Persons with 
Autism, Cerebral Palsy Mental Retar dation and Multiple Disabilities Act, 
1999.  
 (2)  It extends to the whole of India except the State of Jammu & Kashmir.  
2.  In this Act, unless the context otherwise requires - Definition  
 (a)  "autism" means a condition of uneven skill development primarily affecting 
the communication and social abilities of  a person, marked by repetitive and 
ritualistic behaviour;  
 (b)  "Board" means Board of trust ees constituted under section 3;  
 
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 (c)  "cerebral palsy" means a group of non-progressive conditions of a person 
characterised by abnormal motor contro l and posture resulting from brain 
insult or injuries occurring in the pre- natal, peri-natal or infant period of 
development;  
 (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;  
 (f)  "Member" means a Member of th e Board and includes the Chairperson;  
 (g)  "Mental Retardation" means a condition of arrested or incomplete 
development of mind of person which is specially characterised by sub-
normality of intelligence;  
 (h)  "Multiple Disabilities" means a comb ination 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);  
 (i)  "notification" means a notification published in the official Gazette;  
 (j)  "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;  
 (k)  "prescribed" means prescribed by rules made under this Act;  
 (I)  "professional" means a person who is having special expertise in a field 
which would promote the welfare of persons with disability;  
 (m)  "registered organisation" means an asso ciation of persons with disability or 
an association of parents of persons with disability or a voluntary 
organisation, as the case may be, registered under section 12;  
 (n)  "regulations" means the regulations made by the Board under this Act;  
 (o)  "severe disability" means disability wi th eighty percent or more of one or more 
multiple disabilities;  
 (p)  "Trust" means the National Trust for the Welfare of Persons with Autism, 
Cerebral Palsy, Mental Retardation a nd Multiple Disability constituted under 
sub-section (1) of section 3.  
 
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CHAPTER II 
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, 
CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITY 
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 t he purposes of this Act, a body by the 
name of the National Trust for Welfare of Persons with Autism, Cerebral 
Palsy, Mental Retardation and Multip le 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 mov able 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, 
associations of parents of persons with autism, cerebral palsy, 
mental retardation and multiple disability and from associations 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 the Government to represent the 
Ministries or Departments of Social Justice and Empowerment, 
 
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Women and Child Development, He alth and Family Welfare, 
Finance, Labour, Education, Urban Affairs and Employment and 
Rural Employment and Poverty Alleviation, Members, ex officio;  
(d)  three Persons to be nominate d 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 persons so associated shall belong to the 
registered organisations or from the professionals.  
4.  Term of office of Chairperson and Members, meeting of Board, etc. -  
 (1)  The Chairperson or a Member shall ho ld office for a term of three years from 
the date of his appointment or until his successor shall have been duly 
appointed, whichever is longer:  
  Provided that no person shall hold o ffice as the Chairperson or other Member 
after he has attained the age of sixty-five years.  
 (2)  The conditions of service of t he Chairperson and other Members shall be 
such as may be prescribed.  
 (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.  
 (4)  Before appointing any person as t he 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 function as 
such member.  
 
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 (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 befo re 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 Chai rperson, 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 until the appointment of his successor is made 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 competent court; or  
 (b)  is, or has been, convicted of an off ence, 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 Member -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  
 
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 (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.  
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.  
 
 
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CHAPTER III 
OBJECTS OF THE 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 cl ose 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; and  
 (h)  to do any other act which is incidental to the aforesaid objects.  
CHAPTER IV 
POWERS AND DUTIES OF THE BOARD  
11. (1)  The Board shall - 
 (a)  receive from the Central Governme nt 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;  
 (b)  receive bequests of movable property  from any person for the benefit of the 
persons with disability in general and fo r furtherance of the objectives of the 
Trust in particular;  
 
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  Provided that it shall be obligatory on the part of the Board to make 
arrangements for adequate standard of living for the beneficiary named in the 
bequest, if any, and to utilise the proper ty bequeathed for any other purpose 
for which the bequest has been made; .  
  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; 
 (c)  receive from the Central Government such sums as may be considered 
necessary in each financial year for providing financial assistance to 
registered organisations for carrying out any approved programme.  
 (2)  For the purposes of sub-secti on (1), the expression "approved programme" 
means-  
 (a)  any programme which promotes independent living in the community for 
persons with disability by-  
 (i)  Creating a conducive environment jn the community;  
 (ii)  Counseling and training of family members of persons with disability; (iii) 
Setting up of adult training units, individual and group homes;  
 (b)  any programme which promotes respite care, foster family care or day care 
service for persons with disability;  
 (c)  setting up of residential hostels and residential homes for persons with 
disability;  
 (d)  development of self-help groups of persons with disability to pursue the 
realisation of their rights;  
 (e)  setting up Local Level Committee to grant approval for guardianship; and (f) 
such other programmes which promote the objectives of the Trust.  
 (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 disability.  
 Explanation -For the purposes of this sub-section, the expression,-  
 (a)  "persons with severe disability" shall have the same meaning as is assigned 
to it under sub- section (4) of section 56 of the Persons with Disabilities 
(Equal Opportunities. Protection of Rights and Full Participation) Act, 1995 (1 
of 1996);  
 (b)  "senior citizen" means a person who is above the age of sixty-five years or 
more.  
 
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CHAPTER V 
12.  PROCEDURE FOR REGISTRATION-  
 (1)  Any association of persons with disa bility, 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.  
 (2)  An application for registration shall be made in such form and manner and at 
such place as the Board may by regul ation provide and shall contain such 
particulars and accompanied with such documents and such fees as may be 
provided in the regulations.  
 (3)  On receipt of application for registration, the Board may make such enquiries 
as it thinks fit in respect of genuinenes s of the application and correctness of 
any particulars thereon.  
 (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 where registration has been refused to the applicant, the said 
applicant may again make an application for registration after removing 
defects, if any, in its previous application.  
CHAPTER VI 
LOCAL LEVEL COMMITTEE  
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.  
 (2)  A local level committee shall consist of-  
 (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.  
 (b)  a representative of a registered organisation; and  
 
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 (c)  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).  
 (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.  
 (4)  A local level committee shall meet at least once in every three months or at 
such interval as may be necessary.  
14.  Appointment of guardianship -  
 (1)  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.  
 (2)  Any registered organisation may ma ke an application in the prescribed form 
to the Local Level Committee for appointment of a guardian for a person with 
disability.  
  Provided that no such application shall be entertained by the local level 
committee, unless the consent of the guardian of the disabled person is also 
obtained.  
 (3)  While considering the application fo r 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.  
 (4)  The local level committee shall re ceive, process and decide applications 
received under sub-sections (1) and (2), in such manner as may be 
determined by regulations:  
  Provided that while making reco mmendation for the appointment of a 
guardian, the local level committee shall provide for the obligations which are 
to be fulfilled by the guardian.  
 (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, either have the ca re of such persons of disability and his 
property or be responsible for the maintenance of the person with disability.  
 
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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 immovabl e 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)  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  
 (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 anew 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 disbursed by him.  
  Explanation -For the purposes of this Chapter, 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 documents in the po ssession of the Board shall be open to 
inspection by any registered organisation.  
 
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 (2)  Any registered organisation can submit a written requisition to the Board for 
getting a copy of any book or document maintained by the Board.  
 (3)  The Board shall frame such regulations  as it thinks necessary for allowing the 
access of any book or document to registered organisation.  
19.  Monitoring - 
 The Board shall determine 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 for monitoring and 
evaluating the activities of the register ed organisations who are receiving financial 
assistance from the Trust.  
20.  Annual General Meeting -  
 (1)  The Board shall in each year hold an annual general meeting of registered 
organisations, and not more than six months shall elapse between the date of 
one annual general meeting and that of the next.  
 (2)  A notice of the annual general m eeting 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 of such meeting shall be such number of persons of the 
registered organisations as may be determined by regulations.  
CHAPTER VIII 
FINANCE, ACCOUNTS AND AUDIT 
21. Grants by the Central Government - The Central Government may, after due 
appropriation made be Parliament by law in this behalf, make to the Trust a one-
time contribution of rupees one hundred cr ores 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 National Trust for the Welfare 
of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple 
Disabilities Fund and there shall be credited thereto-  
 
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 (a)  all moneys received from the Central Government;  
 (b)  all moneys received by the Trust by way of grants, gifts, donations, 
benefactions, bequests and transfers;  
 (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 towards meeting 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.  
23.  Budget - The Board shall prepare, in such form and at such time in each financial 
year as may be prescribed, the budget fo r the next financial year showing the 
estimated receipt and expenditure of the Trust and shall forward the same to the 
Central Government.  
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.  
 (2)  The accounts of the 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 
Board to the Comptroller and Auditor General of India.  
 (3)  The Comptroller and Auditor General of India and any other person appointed 
by him in connection with the audit of 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 right to 
demand the production of books of a ccount, connected vouchers and other 
documents and papers and to inspect any of the offices of the Trust.  
 
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 (4)  The accounts of the Trust as certif ied 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.  
25.  Annual Report - The Board shall prepare every year, in such form and within such 
time as may be prescribed an annual repo rt giving a true and full account of its 
activities during the previous 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  
26.  Authentication of orders etc.-  All orders and decisions of the Board and 
instruments issued in the name of the Tr ust shall be authenticated by the signature 
of Chairperson, the Chief Executive Office r or any other officer authorised by the 
Chairperson in this behalf  
27.  Returns and Information -The Board shall furnish to the Central Government such 
reports, returns and other information as that  Government may require from time to 
time.  
CHAPTER IX 
MISCELLANEOUS 
28.  Power of Central Government to issue directions -  
 (1)  Without prejudice to the foregoing pr ovisions 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 Government 
may give in writing to it from time to time:  
  Provided that the Board shall, as far as practicable, be given an opportunity 
to express its views before any direction is given under this sub-section.  
 (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 
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 Government may issue notice to the Board asking why it should not 
be superseded;  
 
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  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 that why it should not be superseded.  
 (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;  
  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),  
 (a}  all the members of the Board shall,  notwithstanding that their term of office 
had not expired as on the date of supersession, vacate their office as such 
members;  
 (b}  all the powers and duties which may, by  or under the provision of this Act, be 
exercised or performed by or on behalf of the Trust shall, during the period of 
supersession, be exercised and performed by such person or persons as the 
Central Government may direct.  
 (4}  On the expiration of the period of supersession specified in the notification 
issued under sub- section (2}, the Central Government may-  
 (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; or  
 (b}  reconstitute the Board in the manner provided in section 3 (43 of 1961 }.  
30.  Exemption from Tax on Income - Notwithstanding anything contained in the 
Income-tax Act, 1961, or any other law for t he time being in force relating 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.  
31.  Protection of action taken in Good Faith - No suit, prosecution or other legal 
proceeding shall lie against the Central Gove rnment or the Trust or any member of 
the Board or Chief Executive 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 ca used by anything which is done in good 
faith (15 of 1860}.  
 
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 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}.  
32.  Chairperson, Members and Officers of  Trust to be public servants -All 
Members, Chief Executive Officer, other officers and employees of the Trust shall be 
deemed, when acting or purposing to act in pursuance of any of the provisions of 
this Act, to be public servant within the meaning of section 21 of the Indian Penal 
Code.  
33.  Delegation -The Board may, by general or special order in writing, delegate to the 
Chairperson or any member or any officer of the Trust or any other person subject to 
such conditions and limitations, if any, as may 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.  
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.  
 (2}  In particular, and without prejudice to the generality of the foregoing powers, 
such rules may provide for all of the following matters, namely:-  
 (a)  the procedure in accordance with which the persons representing registered 
organisations shall be elected under clause (b) of sub -section (4) of  
section 3;  
 (b)  the conditions of service of the Chairperson and Members under sub-section 
(2) of section (4);  
 (c)  the rules of procedure in the transac tion of business at meetings of the Board 
under sub- section (6) of section 4;  
 (d)  the powers and duties of the Chief Executive Officer under sub-section (1) of 
section 8;  
 (e)  the form in which an application for guardianship may be made by a 
registered organisation under sub-section (2) of section 14;  
 (f)  the procedure in accordance wi th which a guardian may be removed under 
section 17;  
 
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 (g)  the form in which, and the time with in which, the budget of the Trust shall be 
forwarded to the Central Government under section 23;  
 (h)  the form in which the annual statem ent of accounts shall be maintained under 
sub-section (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;  
 (j)  any other matter which is required to be, or may be, prescribed.  
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 regulations may provide for all or any of the following matters, namely:-  
 (a)  the manner and purpose for whic h person may be associated under sub-
section (5) of section 3;  
 (b)  the time and place at which the B oard shall meet under sub-section (6) of 
section 4;  
 (c)  the terms and conditions of service of, Chief Executive Officer, other officers 
and employees of the Trust under sub-section (3) of section 8;  
 (d)  the form and manner in which the application shall be made for registration 
under sub- section, (2) of section 12 and the particulars which such 
application shall contain under that sub-section; 19"'  
 (e)  the manner in which applicat ion for guardianship shall be received, 
processed and decided by local level committee under sub-section (4) of 
section 14;  
 (f)  the particulars of applications an d orders passed thereon by the local level 
committee under subsection (5) of section 14;  
 
18 
 (g)  the procedure for evaluating the pre-funding status of the registered 
organisations and framing of guidelin es for monitoring and evaluating the 
activities of such registered organisations under section 19;  
 (h)  the time within which notice for annual general meeting shall be sent and 
quorum for such meeting under sub-sections (2) and (3) of section 20; and  
 (i)  any other matter which is required to be, or may be, provided by regulations.  
36.  Rules and Regulations to be laid before Parliament-  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 ther eafter 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.  
 
 
dkuwu] U;k; vkSj daiuh ekeyksa ds ea=ky;
¼fo/kk;h foHkkx½
ubZ fnYyh] 30 fnlEcj( 1999@iks"k 9] 1921 ¼'kd~½
laln ds fuEufyf[kr vf/kfu;e ds fy, jk"Vªifr dh lgefr 30 fnlEcj] 1999 dks izkIr gqbZ 
vkSj lkekU; lwpuk ds fy, mls ,rn~ }kjk izdkf”kr fd;k tkrk gSA
Loijk;.krk (vkfVTe)] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fodykaxrkxzLr 
O;fDr;ksa ds dY;k.k ds fy, jk"Vªh; U;kl vf/kfu;e] 1999
1994 dk la- 4
¼30 fnlEcj 1999½ ,d vf/kfu;e tks Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj 
cgq&fu%'kDrrkxzLr O;fDr;ksa ds dY;k.k vkSj mlls lacaf/kr ekeyksa ;k mlds vkuq'kafxd 
tqM+s ekeyksa ds fy, jk"Vªh; Lrj ij ,d fudk; ds xBu dh O;oLFkk djrk gS
&bl izdkj laln }kjk x.krU= ds ipklosa o"kZ esa fuEukuqlkj vf/kfu;e fd;k x;k&
vè;k; 1
izkjafHkd
laf{kIr 'kh"kZd vkSj foLrkj
1- ¼1½ bl vf/kfu;e dks Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%”kDrrk okys O;fDr;ksa ds 
dY;k.k ds fy, jk"Vªh; U;kl vf/kfu;e] 1999 dgk tk ldrk gSA
¼2½ tEew vkSj d”ehj jkT; dks NksM+ bldk foLrkj leLr Hkkjr ds fy, gSA
2- bl vf/kfu;e esa] tcrd lanHkZ }kjk vU;Fkk visf{kr ugah&ifjHkk"kk
¼d½ ^^Loijk;.krk** ¼vkWfVTe½ dk vFkZ gS vleku fuiq.krk dh fLFkfr tks euq"; dh lapkj&O;ogkj vkSj 
lkekftd ;ksX;rkvksa dks izHkkfor djrh gS vkSj ckjackjrk ewyd vkSj fof/koknh O;ogkj ls fpfUgr gksrh gSA
¼[k½ ^^cksMZ** dk vFkZ U;kfl;ksa dk cksMZ gS ftls /kkjk 3 ds vUrxZr xfBr fd;k x;k gS
¼x½ ^^izefLr"d ?kkr** ¼lsjsczy ikYlh½ dk rkRi;Z ,d O;fDr dh xSj&izxfr”khy fLFkfr;ksa ds lewg ls gS tks 
vlkekU; efLr"d vuknj ;k pksVksa ds QyLo:Ik vlkekU; eksVj fu;fU=r vkSj fLFkfr }kjk fo'ks"khd`r 
gksrh gS tks izloiwoZ] izlodkyhu ;k fodkl ds “kS”ko dky esa ?kfVr gksrh gS(
3
vè;k;&2
Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%'kDrrkvksa 
okys O;fDr;ksa ds dY;k.k ds fy, jk"Vªh; U;kl
3- Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq& fu%'kDrrkvksa vkfn ls xzLr O;fDr;ksa ds 
dY;k.k ds fy, jk"Vªh; U;kl dk xBu &
¼1½ ,slh rkjh[k ls tSlk dsUæ ljdkj] vf/klwpuk }kjk fu/kkZfjr dh tk,xh] bl vf/kfu;e ds iz;kstuksa ds 
fy, Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%'kDrrkvksa okys O;fDr;ksa ds dY;k.k ds 
fy, jk"Vªh; U;kl uke ds ,d fudk; dk xBu fd;k tk,xk tks ,d dkWiksZjsV fudk; mijksDr uke ls 
gksxk] mldk 'kk'or mÙkjkf/kdkj gksxk vkSj ,d lk{kh lhy] 'kfDr ds lkFk gksxh] tks bl vf/kfu;e ds 
micU/kksa ds v/khu jgrs gq, lEifÙk py vkSj vpy nksuksa dk vtZu] /kkj.k vkSj fuiVku fd;k tk,xk] 
vuqca/k dj ldsxk vkSj mDr uke ls eqdnek pyk ldsxk ;k mDr uke ij eqdnek pyk;k tk ldsxkA
¼2½ U;kl ds ekeyksa vkSj dkedkt dk lkekU; v/kh{k.k] funsZ'kksa vkSj izcU/ku ,d cksMZ esa fufgr gksxk tks lc 
'kfDr;ksa dk iz;ksx djsxk vkSj lc dk;Z vkSj phtsa djsxk ftls U;kl }kjk fd;k tk;s@;k iz;ksx fd;k 
tk;sA
¼3½ U;kl dk eq[;ky; ubZ fnYyh eas gksxk vkSj dsUæ ljdkj dh iwokZuqefr ds ckn cksMZ Hkkjr esa vU; LFkkuksa 
ij Hkh dk;kZy; LFkkfir dj ldsxkA
¼4½ cksMZ fuEufyf[kr ls fey dj cusxk&
¼d½ ,d v/;{k ftls dsUæ ljdkj }kjk mu yksxks esa ls fu;qDr fd;k tk,xk ftUgs Loijk;.krk] 
izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%'kDrrkvksa ds {ks= esa fo"ks'kKrk vkSj vuqHko izkIr gS(
¼[k½ ukS O;fDr;ksa dks ,slh izfØ;k ds vuqlkj@lnL; fu;qDr fd;k tk,xk tSlh iathd`r laxBuksa ds 
chp esa ls fu/kkZfjr dh tk, ftlesa LoSfPNd laxBuksa] Loijk;.krk] izefLr"d ?kkr] ekufld 
eUnrk vkSj cgq& fu%'kDrrkvksa okys O;fDr;ksa ds ekrk firkvksa ds laxBuksa vkSj fu%'kDrrk okys 
O;fDr;ksa ds la?k] lnL;&izR;ssd esa ls rhu rhu lnL; gksaxsA ijUrq bl /kkjk ds vUrxZr vkjafHkd 
fu;qfDr ljdkj }kjk ukekadu ls dh tk,xh(
¼x½ ljdkj }kjk vkB O;fDr;ksa dks ukfer fd;k tk,xk tks Hkkjr ljdkj ds fofHkUu foHkkxksa ds la;qDr 
lfpo ls de in ds ugha gksxsa vkSj os ea=ky;kas ij lkekftd U;k; vkSj vf/kdkfjrk foHkkxksa] efgyk 
vkSj f'k'kq fodkl] LokLF; ,oa ifjokj dY;k.k] foÙk] Je] f'k{kk] 'kgjh ekeyksa vkSj fu;kstu vkSj 
xzkeh.k fu;kstu vkSj xjhch mUewyu] lnL; onu dk izfrfuf/kRo djsxsaA
¼?k½ rhu O;fDr;ksa dk ukekadu lnL;ksa ds :i esa cksMZ }kjk fd;k tk,xk tks mRFkku ds dk;Zdykiksa esa 
¼?k½ ^^v/;{k** dk vFkZ gS cksMZ dk v/;{k ftls /kkjk&3 dh mi/kkjk ¼4½ mi[kaM ¼4½ ds [k.M ¼d½ ds vUrxZr 
fu;qDr fd;k x;k gSA
¼M-½ ^^eq[; dk;Zdkjh vf/kdkjh** dk vFkZ eq[; dk;Zdkjh vf/kdkjh gS ftls /kkjk 8 dh mi/kkjk&¼1½ ds vUrxZr 
fu;qDr fd;k x;k gSA
¼p½ ^^lnL;** dk vFkZ gS cksMZ dk ,d lnL; gS vkSj blesa v/;{k Hkh “kkfey gSA
¼N½ ^^ekufld eUnrk** ¼esUVy fjVkMZ½ dk vFkZ gS O;fDr ds fpÙk ds vo:) ;k viw.kZ fodkl dh fLFkfr tks 
cqf) dh vilkekU; fLFkfr }kjk fo”ks"khd`r gksrh gSA
¼t½ ^^cgq&fu%”kDrrkvksa** ¼eYVhiy fMlsfCyVh½ dk vFkZ gS nks ;k vf/kd fu%”kDrrvksa dk la;kstu gS tSlk 
v”kDrrkvksa okyk O;fDr ¼leku volj] vf/kdkjksa dh lqj{kk vkSj iw.kZ Hkkxhnkjh½ vf/kfu;e] 1995 ¼1996 
d 1½ dh /kkjk 8 dh mi/kkjk ¼1½ esa ifjHkkf'kr fd;k x;k gSA
¼>½ ^^vf/klwpuk** dk vFkZ gS ,d vf/klwpuk tks ljdkjh xtV esa çdkf'kr gksrk gS
¼V½ ^^fu%”kDrrk okyk O;fDr** dk vFkZ ,slk O;fDr gS tks Loijk;.krk] izefLr"d ?kkr] ekufld eanrk vFkok 
fdlh fLFkfr@;k ,slh nks ;k nks ls vf/kd fu%”kDrrk ls xzLr gS vkSj blesa xEHkhj cgq&fu%”kDrrk okyk 
O;fDr Hkh “kkfey gksrk gS(
¼B½ ^^fu/kkZfjr** dk vFkZ gS bl vf/kfu;e ds vUrxZr cuk;s fu;eksa }kjk fu/kkZfjr(
¼M+½ ^^o`fÙkd** dk vFkZ ,sls O;fDr ls gaS tks {ks= esa fo”ks"k n{krk j[krk gS tks fu%”kDrrk okys O;fDr;ksa ds 
dY;k.k dks c<+kok nsxkA
¼<½ ^^iathd`r laxBu** dk vFkZ fu%”kDrrk okys O;fDr;ksa ds ,d la?k ;k fu%”kDrrk okys O;fDr;ksa ds ekrk 
firkvksa ds ,d la?k ;k LoSfPNd laxBu ls gS] tks /kkjk 12 ds varxZr iathd`r gS] tSlh Hkh fLFkfr gks(
¼.k½ ^^fofu;eksa** dk vFkZ fofu;ekas ls gS ftUgsa bl vf/kfu;e ds vUrxZr cksMZ }kjk cuk;k x;k gS(
¼r½ ^^xaHkhj fu%”kDrrk** dk vFkZ ,slh fu%”kDrrk gS tks ,d ;k vf/kd cgq&fu%”kDrrkvksa dk 80 izfr”kr ;k 
vf/kd Hkkx j[krh gSA
¼Fk½ ^^U;kl** dk vFkZ Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%”kDrrkxzLr O;fDr;ksa ds 
dY;k.k ds fy, /kkjk 3 dh mi/kkjk ¼1½ ds varxZr xfBr jk"Vªh; U;kl ls gSaA
4 5
vè;k;&2
Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%'kDrrkvksa 
okys O;fDr;ksa ds dY;k.k ds fy, jk"Vªh; U;kl
3- Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq& fu%'kDrrkvksa vkfn ls xzLr O;fDr;ksa ds 
dY;k.k ds fy, jk"Vªh; U;kl dk xBu &
¼1½ ,slh rkjh[k ls tSlk dsUæ ljdkj] vf/klwpuk }kjk fu/kkZfjr dh tk,xh] bl vf/kfu;e ds iz;kstuksa ds 
fy, Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%'kDrrkvksa okys O;fDr;ksa ds dY;k.k ds 
fy, jk"Vªh; U;kl uke ds ,d fudk; dk xBu fd;k tk,xk tks ,d dkWiksZjsV fudk; mijksDr uke ls 
gksxk] mldk 'kk'or mÙkjkf/kdkj gksxk vkSj ,d lk{kh lhy] 'kfDr ds lkFk gksxh] tks bl vf/kfu;e ds 
micU/kksa ds v/khu jgrs gq, lEifÙk py vkSj vpy nksuksa dk vtZu] /kkj.k vkSj fuiVku fd;k tk,xk] 
vuqca/k dj ldsxk vkSj mDr uke ls eqdnek pyk ldsxk ;k mDr uke ij eqdnek pyk;k tk ldsxkA
¼2½ U;kl ds ekeyksa vkSj dkedkt dk lkekU; v/kh{k.k] funsZ'kksa vkSj izcU/ku ,d cksMZ esa fufgr gksxk tks lc 
'kfDr;ksa dk iz;ksx djsxk vkSj lc dk;Z vkSj phtsa djsxk ftls U;kl }kjk fd;k tk;s@;k iz;ksx fd;k 
tk;sA
¼3½ U;kl dk eq[;ky; ubZ fnYyh eas gksxk vkSj dsUæ ljdkj dh iwokZuqefr ds ckn cksMZ Hkkjr esa vU; LFkkuksa 
ij Hkh dk;kZy; LFkkfir dj ldsxkA
¼4½ cksMZ fuEufyf[kr ls fey dj cusxk&
¼d½ ,d v/;{k ftls dsUæ ljdkj }kjk mu yksxks esa ls fu;qDr fd;k tk,xk ftUgs Loijk;.krk] 
izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%'kDrrkvksa ds {ks= esa fo"ks'kKrk vkSj vuqHko izkIr gS(
¼[k½ ukS O;fDr;ksa dks ,slh izfØ;k ds vuqlkj@lnL; fu;qDr fd;k tk,xk tSlh iathd`r laxBuksa ds 
chp esa ls fu/kkZfjr dh tk, ftlesa LoSfPNd laxBuksa] Loijk;.krk] izefLr"d ?kkr] ekufld 
eUnrk vkSj cgq& fu%'kDrrkvksa okys O;fDr;ksa ds ekrk firkvksa ds laxBuksa vkSj fu%'kDrrk okys 
O;fDr;ksa ds la?k] lnL;&izR;ssd esa ls rhu rhu lnL; gksaxsA ijUrq bl /kkjk ds vUrxZr vkjafHkd 
fu;qfDr ljdkj }kjk ukekadu ls dh tk,xh(
¼x½ ljdkj }kjk vkB O;fDr;ksa dks ukfer fd;k tk,xk tks Hkkjr ljdkj ds fofHkUu foHkkxksa ds la;qDr 
lfpo ls de in ds ugha gksxsa vkSj os ea=ky;kas ij lkekftd U;k; vkSj vf/kdkfjrk foHkkxksa] efgyk 
vkSj f'k'kq fodkl] LokLF; ,oa ifjokj dY;k.k] foÙk] Je] f'k{kk] 'kgjh ekeyksa vkSj fu;kstu vkSj 
xzkeh.k fu;kstu vkSj xjhch mUewyu] lnL; onu dk izfrfuf/kRo djsxsaA
¼?k½ rhu O;fDr;ksa dk ukekadu lnL;ksa ds :i esa cksMZ }kjk fd;k tk,xk tks mRFkku ds dk;Zdykiksa esa 
¼?k½ ^^v/;{k** dk vFkZ gS cksMZ dk v/;{k ftls /kkjk&3 dh mi/kkjk ¼4½ mi[kaM ¼4½ ds [k.M ¼d½ ds vUrxZr 
fu;qDr fd;k x;k gSA
¼M-½ ^^eq[; dk;Zdkjh vf/kdkjh** dk vFkZ eq[; dk;Zdkjh vf/kdkjh gS ftls /kkjk 8 dh mi/kkjk&¼1½ ds vUrxZr 
fu;qDr fd;k x;k gSA
¼p½ ^^lnL;** dk vFkZ gS cksMZ dk ,d lnL; gS vkSj blesa v/;{k Hkh “kkfey gSA
¼N½ ^^ekufld eUnrk** ¼esUVy fjVkMZ½ dk vFkZ gS O;fDr ds fpÙk ds vo:) ;k viw.kZ fodkl dh fLFkfr tks 
cqf) dh vilkekU; fLFkfr }kjk fo”ks"khd`r gksrh gSA
¼t½ ^^cgq&fu%”kDrrkvksa** ¼eYVhiy fMlsfCyVh½ dk vFkZ gS nks ;k vf/kd fu%”kDrrvksa dk la;kstu gS tSlk 
v”kDrrkvksa okyk O;fDr ¼leku volj] vf/kdkjksa dh lqj{kk vkSj iw.kZ Hkkxhnkjh½ vf/kfu;e] 1995 ¼1996 
d 1½ dh /kkjk 8 dh mi/kkjk ¼1½ esa ifjHkkf'kr fd;k x;k gSA
¼>½ ^^vf/klwpuk** dk vFkZ gS ,d vf/klwpuk tks ljdkjh xtV esa çdkf'kr gksrk gS
¼V½ ^^fu%”kDrrk okyk O;fDr** dk vFkZ ,slk O;fDr gS tks Loijk;.krk] izefLr"d ?kkr] ekufld eanrk vFkok 
fdlh fLFkfr@;k ,slh nks ;k nks ls vf/kd fu%”kDrrk ls xzLr gS vkSj blesa xEHkhj cgq&fu%”kDrrk okyk 
O;fDr Hkh “kkfey gksrk gS(
¼B½ ^^fu/kkZfjr** dk vFkZ gS bl vf/kfu;e ds vUrxZr cuk;s fu;eksa }kjk fu/kkZfjr(
¼M+½ ^^o`fÙkd** dk vFkZ ,sls O;fDr ls gaS tks {ks= esa fo”ks"k n{krk j[krk gS tks fu%”kDrrk okys O;fDr;ksa ds 
dY;k.k dks c<+kok nsxkA
¼<½ ^^iathd`r laxBu** dk vFkZ fu%”kDrrk okys O;fDr;ksa ds ,d la?k ;k fu%”kDrrk okys O;fDr;ksa ds ekrk 
firkvksa ds ,d la?k ;k LoSfPNd laxBu ls gS] tks /kkjk 12 ds varxZr iathd`r gS] tSlh Hkh fLFkfr gks(
¼.k½ ^^fofu;eksa** dk vFkZ fofu;ekas ls gS ftUgsa bl vf/kfu;e ds vUrxZr cksMZ }kjk cuk;k x;k gS(
¼r½ ^^xaHkhj fu%”kDrrk** dk vFkZ ,slh fu%”kDrrk gS tks ,d ;k vf/kd cgq&fu%”kDrrkvksa dk 80 izfr”kr ;k 
vf/kd Hkkx j[krh gSA
¼Fk½ ^^U;kl** dk vFkZ Loijk;.krk] izefLr"d ?kkr] ekufld eUnrk vkSj cgq&fu%”kDrrkxzLr O;fDr;ksa ds 
dY;k.k ds fy, /kkjk 3 dh mi/kkjk ¼1½ ds varxZr xfBr jk"Vªh; U;kl ls gSaA
4 5
yxs O;kikj] okf.kT; vkSj m|ksx ds la?kksa dk izfrfuf/kRo djsaxsA
¼M½ eq[; dk;Zdkjh vf/kdkjh tks Hkkjr ljdkj ds la;qDr lfpo ds in dk gksxk] insu lnL; lfpo 
gksxk(
5- cksMZ vius lkFk fdlh Hkh O;fDr dks bl rjhds ls vkSj ,sls iz;kstuksa ds fy, lEc) dj ldrk gS tSlk 
fofu;eksa }kjk fu/kkZfjr vkSj ftldh lgk;rk ;k lykg] U;kl ds mn~ns';ksa dks iwjk djus ds fy, visf{kr 
gS%
ijarq ;g fd ,sls O;fDr dks mu iz;kstuksa ls lEc) fopkj&foe'kksaZ esa Hkkx ysus ds vf/kdkj gksxk ysfdu 
cksMZ dh cSBd ea mls oksV nsus dk vf/kdkj ugha gksxk vkSj fdlh vU; iz;kstu ds fy, og lnL; ugha 
gksxkA
ijUrq bl izdkj lEc) fd, x, O;fDr;ksa dh vf/kdre la[;k vkB ls vf/kd ugha gksxh vkSj tgka rd 
laHko gksxk lEc) fd, x, ,sls O;fDr iathd`r laxBuksa ls ;k izksQs'kuy@is'ksoj@vuqHkoh es ls gkasxsA
4- v/;{k vkSj lnL;ksa] cksMZ dh cSBd vkfn dh dk;Zdky vof/k
¼1½ v/;{k ;k lnL; fu;qfDr dh rkjh[k ls rhu o'kZ dh vof/k ds fy, ;k vius mÙkjkf/kdkjh ds fof/kor~ 
fu;qDr gks tkus rd tks Hkh yach gks] in ij cuk gksxk(
ijUrq dksbZ Hkh O;fä 65 o"kZ dh vk;q çkIr dj ysus ds ckn v/;{k ;k vU; lnL; ds :i esa in /kkj.k ugha 
djsxk
¼2½ v/;{k vkSj vU; lnL;ksa dh lsok dh "krsZa ,sl

Excerpt shown. Open the full act in Lexace.

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