The National Trust Act, 1999
The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (commonly known as the National Trust Act) was enacted to provide robust support, legal protection, and comprehensive welfare schemes.
It specifically caters to individuals with four developmental disabilities: Autism, Cerebral Palsy, Mental Retardation (Intellectual Disability), and Multiple Disabilities.
Primary Objectives of the Law
The fundamental goal of the Act is to empower persons with these disabilities to live independently and participate fully within their communities. Its core functions include:
- Promoting Inclusion: Ensuring equal opportunities and full social participation.
- Support Systems: Facilitating financial and service-based assistance through registered non-governmental and parent organizations.
- Legal Guardianship: Creating a structured legal mechanism for the appointment of guardians for adults. This is crucial because, despite turning 18, individuals with these conditions may require continued support in making legal and financial decisions.
- Administrative Framework: The Act established The National Trust, an autonomous statutory body under the Ministry of Social Justice and Empowerment. It is governed by a Board of Trustees and executes its mandate through Local Level Committees (LLCs) at the district level.
Appointment of a Legal Guardian
Under the National Trust Act, parents or relatives can apply to the Local Level Committee (LLC), typically headed by the District Collector, for the appointment of a guardian. This guardian is legally authorized to manage the personal care and property of an adult with a specified disability, ensuring their interests are protected throughout their lifetime.
Procedure for Appointment in Kerala
In Kerala, the District Collector acts as the Chairperson of the Local Level Committee (LLC). The application process is primarily online through the National Trust’s statutory portal, followed by physical verification.
Step 1: Online Registration
The application must be initiated on the official National Trust Portal.
- Form A: This is the statutory application form for the appointment of a guardian.
- UDID Integration: You will need the child’s Unique Disability ID (UDID) number. The portal now uses UDID to auto-fill the disability details.
Step 2: Essential Documentation
To ensure the application is not returned by the LLC, the following documents must be uploaded (PDF format, usually under 5MB):
- Disability Certificate: Issued by a Government Medical Board (showing Autism, CP, MR, or Multiple Disabilities).
- Proof of Age: Birth Certificate of the person with disability.
- Proof of Residence: Aadhaar, Ration Card, or Voter ID of both the applicant and the ward.
- Proposed Guardian’s Details: Identification and proof of income (to ensure they can maintain the ward).
- Consent & Witness: A consent letter from the proposed guardian and the signatures of two witnesses.
Step 3: Scrutiny and LLC Meeting
Once the online application is submitted:
- The Scrutiny: The District Social Justice Officer (DSJO), who acts as the Member Secretary of the LLC, will verify the documents.
- The Interview: The applicant and the person with disability may be called for a brief meeting with the LLC at the District Collectorate.
- Home Visit: In some cases, a representative from a registered NGO under the National Trust may conduct a home visit to verify the living conditions.
Step 4: Issuance of Form B
If satisfied, the LLC Chairperson (District Collector) will issue Form B.
- Form B is the formal Certificate of Guardianship.
- This certificate explicitly mentions the guardian’s obligations regarding the “Maintenance and Residential Care” and “Management of Immovable/Movable Property” of the ward.
Scope and Limitations
It is important to distinguish this Act from the broader Rights of Persons with Disabilities (RPwD) Act, 2016:
- Targeted Focus: While the RPwD Act, 2016 covers 21 types of disabilities, the National Trust Act remains specifically focused on the four aforementioned categories.
- Narrow Focus: This narrow focus allows the Trust to address the unique, often lifelong, high-support requirements of individuals with neurodevelopmental and multiple disabilities.
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