Judgment Search Results Home > Cases Phrase: national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act 1999 section 18 accountability Page 1 of about 16 results (0.109 seconds)

H.N. Veerabhadrachar Vs. the Bangalore Development Authority, by Its C ...

Court : Karnataka

Reported in : 2012(3)KCCR2127

..... further parliamentary recognition of the special nature of cerebral palsy and the need to adopt distinctive measures, took place in 1999, when the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 was enacted. ..... the parliament established a trust, under the act, with a corpus of rs.100 crore to inter alia, enable and empower persons with disability to live as independantly and as fully as possible within and as close to the community to which they belong." 19. ..... this court also considers it just and necessary to direct the respondent bda to frame the necessary scheme in favour of the persons with disabilities to implement the provisions of section 43 of the pwd act effectively. ..... section 43 casts are obligation upon appropriate governments to formulate schemes for preferential allotment of lands and houses, to benefit persons with disabilities. ..... under, the above circumstances, we direct that whenever the state governments or local authorities allot land for various purposes indicated in section 43 of the act and various items indicated in section 43, preferential treatment be given to the disabled persons and the land shall be given at concessional rate. ..... however, total percentage of disabled persons shall be taken into account while deciding the percentage.." 18. .....

Union of India Vs. G.V. Yaswanth and Others

Court : Karnataka

..... (i) blindness or low vision, (ii) hearing impaired, and (iii) locomotor disability/cerebral palsy, has to be taken into account for selection/appointment to the civil services and whether the concept of multiple disability as defined in the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999, can be taken note for selection/appointment to the civil services by adding the different disabilities and arriving at a score by using combining formula evolved by the director general of health services. 3. ..... it is argued that reservation for appointment as per section 33 of pwd act, 1995, is allowed for only those persons with disabilities who have not less than 40% in a particular category of disability and there is no provision for reservation in employment for persons with multiple disabilities with 40% and above where the percentage of disability in any particular category mentioned above is less than 40%. ..... if there is a person who has a blindness of 25% and hearing impairment of 15%, such a person would be a person with multiple disability as per section 2(h) of multiple disabilities act, 1999 i.e. .....

Union of India Vs. Shri Yaswanth G V

Court : Karnataka

..... (i) blindness or low vision, (ii) hearing impaired, and (iii) locomotor disability/cerebral palsy, has to be taken into account for selection/appointment to the civil services and whether the concept of 9 w.p.no.44696/2014 multiple disability as defined in the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999, can be taken note for selection/appointment to the civil services by adding the different disabilities and arriving at a score by using combining formula evolved by the director general of health services.3. ..... it is argued that reservation for appointment as per section 33 of pwd act, 1995, is allowed for only those persons with disabilities who have not less than 40% in a particular category of disability and there is no 16 w.p.no.44696/2014 provision for reservation in employment for persons with multiple disabilities with 40% and above where the percentage of disability in any particular category mentioned above is less than 40%. ..... if there is a person who has a blindness of 25% and hearing impairment of 15%, such a person would be a person with multiple disability as per section 2(h) of multiple disabilities act, 1999 i.e. .....

Jagjit Singh and anr Vs. Delhi Development Authority

Court : Delhi

..... learned senior counsel for petitioners invites the attention of this court to the definition of 'mental retardation' as provided in the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 (hereinafter referred to as the multiple disabilities act, 1999) which is as under:section 2(g) - "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub-normality of intelligence;"4. ..... , rendered on 8th april 2009 [2009 (2) jcc 1562.wherein reserve bank of india initially had some reservation about the procedure adopted under the multiple disabilities act, 1999 and as to whether the certificate issued by the local level committee under the multiple disabilities act, 1999 could be used for the purpose of opening a bank account. ..... however, in the above decision, reserve bank of india had agreed to act upon certificate of local level committee issued under the multiple disabilities act, 1999 and had accorded permission for opening of bank account by guardian of the mentally retarded person. ..... in the present case, i had issued a direction to the petitioner to file periodical accounts before the district collector. ..... , the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities rules, 2000.14. .....

Narayanankutty Menon Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2009(1)KLJ741

..... reference has been made in this regard to 'the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999' (herinafter referred to as 'the act'). ..... balasubramanyan that it would have been much better on the part of the legislature to avoid a confusion and specifically provide for the appointment of a guardian for the properties of a person with disability in the lines of what has been provided under section 54 of the mental health act. ..... but, in circumstances where section 15 empowers the guardian appointed under section 14 to have care of such person with disability and his properties, it would only be appropriate that the provisions contained in section 15 be constructed as one enabling the competent authority, empowered to effect appointment of a guardian under section 14 of the act to see that such guardian also is responsible for the property of the person with disability.11. ..... it is contended that section 14 of the aforementioned act specifically empowers the appointment of any person as the guardian of the person with disability and not as the guardian for the property of the person with disability.8. ..... again, that this seems to be the legislative intent is evident from section 16(1) of the act, which obliges the guardian to furnish inventory and annual accounts on being appointed as the guardian under section 14.10. .....

G.Nityanandam Vs. Tmt.D.Saritha

Court : Chennai

..... (8) the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 further provides for appointment of a guardian to a person with disability as defined under section 2(j) of the act which includes a person suffering from severe multiple disability and it reads as follows:- (j) person 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; (9) she referred to section 14 of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 which provides for making an application to the local level committee to appoint a person to act as a guardian to the person with disability to contend that the petitioner has to make an application in terms of section 14 as above. ..... due to death, divorce, legal separation, desertion or conviction, being natural guardian of minor may apply to the local level committee to get themselves or himself as the case may be, appointed as guardian of their or as the case may be, his disabled ward beyond the age of 18, in which case the application shall be accepted unless the parent is disqualified on account of:- (i) loss of citizenship; (ii) being of unsound mind; (iii) being convicted by a court of law; or (iv) being a destitute. .....

Pratibha Pande and Another Vs. Union of India and Others

Court : Delhi

..... petition impugns the minutes of the meeting held on 24th september, 2015 of the respondent no.3 the local level committee (llc), new delhi (south district) constituted under section 13 of the national trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 (national trust act) rejecting the application of the petitioner no.2 ms. ..... new delhi; (v) that the petitioner since may, 2014 has been in a comatose persistent vegetative state; (vi) that the petitioner no.1 has savings bank account no.3066324734 with the respondent no.5 central bank of india (cbi), ashoka hotel branch, new delhi having a sum of rs.4,13,70,925/- as on 5th october, 2015 and savings bank account no.1021771857 with the respondent.6 bank of india (boi), khan market branch, new delhi having a sum of rs.3,27,581/- as on 5th october, 2015; however the ..... pratibha pande and with power to do all act, deeds and things with respect to assets and properties of the petitioner no.1 including; (i) operate bank accounts in the name of petitioner no.1; (ii) deal with shares, bonds, debentures in the name of petitioner no.1; (iii) invest the monies to earn optimum returns thereon; (iv) utilise the monies for proper upkeep and for fulfilling the needs of petitioner no.1; (v) represent the petitioner no.1 before all persons / authorities / bodies; (vi) sign wherever required as guardian of petitioner no.1 including for discharging any person / authority / body from duty .....

Chandigarh Administration Vs. Nemo

Court : Punjab and Haryana

Reported in : (2009)156PLR489

..... the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 [in short 'the 1999 act'] is yet another recent progressive legislation meant to provide for the constitution of a national level body for the welfare of the persons with autism, cerebral palsy, mental retardation and multiple disabilities and for matters connected or incidental thereto. ..... besides constitution of a national trust for the persons of the above mentioned special categories, sections 13 and 14 of the act provide for the constitution of the local level committees and the procedure for appointment of guardianship of the disabled persons and read as follows:13. ..... [3] in determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section [2], account may be taken to the pregnant woman's actual or reasonable foreseeable environment. ..... sub-section [2] of section 3 authorises the registered medical practitioner[s] to terminate a pregnancy on formation of an opinion in good faith that continuation of the pregnancy would risk the life of the pregnant woman or cause grave injury to her physical or mental health, after taking into account her actual or reasonable foreseeable environment, or if there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. .....

Syed Mehedi vs.govt of Nct of Delhi & Ors.

Court : Delhi

..... 14 of 26 3(3) a child with disability referred to in sub-clause (a) of clause (ee) of section 2 shall, without prejudice to the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, and a child referred to in sub-clauses (b) and (c) of clause (ee) of section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of chapter v of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995(1 of 1996): provided that a child with "multiple disabilities" referred to in clause (h) and a child with "severe disability" referred to in clause (o) of section 2 of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999(44 of 1999) may also ..... that the prevailing circumstances do not require grant of such relaxation without the order disclosing application of mind to the relevant considerations repeatedly highlighted by the court, and yet the courts cannot interfere with the said decision, or whether, once the court finds that the competent authority has failed to take into account all relevant factors, can the court interfere with the said decision, particularly when the executive decision appears to be unreasoned .....

Pramod Arora Vs. Honble Lt. Governor of Delhi and ors.

Court : Delhi

..... amendment also inserted the definition of a child with disability in the following terms: (ee) child with disability includes, (a) a child with disability as defined in clause (i) of section 2 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (1 of 1996); (b) a child, being a person with disability as defined in clause (j) of section 2 of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 (44 of 1999); w.p. ..... 1225/2014 page 20 provided further that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation. ..... in the case of cwsn, on account of the imperative nature of section 26 and its protection under section 3(3) of the rte, it is held that the neighbourhood principle cannot prevail over the need to admit cwsn if in a given case, the school is equipped to deal with or handle some or one kind of disability (blindness, speech impairment, autism etc). ..... from the data available with it, the gnct states that the 3% minimum reservation in every school is not needed on account of a lack of such ..... child could not progress and was neglected on account of lack of proper attention and infrastructure. .....