Judgment Search Results Home > Cases Phrase: national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act 1999 section 6 disqualifications

Suchita Srivastava and anr. Vs. Chandigarh Administration

Court : Supreme Court of India

Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813

..... the same definition of 'mental retardation' has also been incorporated in section 2(g) of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999. ..... besides placing substantial reliance on the preliminary medical opinions presented before it, the high court has noted some statutory provisions in the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 as well as the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 where the distinction between 'mental illness' and 'mental retardation' has been collapsed. ..... since there is an apprehension that the woman in question may find it difficult to cope with maternal responsibilities, the chairperson of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities (constituted under the similarly named 1999 act) has stated in an affidavit that the said trust is prepared to look after the interests of the woman in question which will include assistance with childcare. .....

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. .....

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. .....

Rajneesh Kumar Pandey Vs. Union Of India

Court : Supreme Court of India

..... in this act, unless the context otherwise requires, (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); (c) a child with severe disability as defined 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). .....

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

Court : Delhi

..... this 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. ..... (c) 1225/2014 page 18 (c)a child with severe disability as defined 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). 28. ..... arguing that cwsn are distinctly recognized under the national trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 (hereafter referred to as the 199. ..... (c) 1225/2014 page 17 further, section 2(j) defines persons with disabilities in the following terms: 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. 27. .....

Ms. Eera Through Dr. Manjula Krippendorf Vs. State (Govt. Of Nct of De ...

Court : Supreme Court of India

..... the court also took note of the fact that the same definition of mental retardation has also been incorporated under section 2(g) of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999. ..... besides placing substantial reliance on the preliminary medical opinions presented before it, the high court has noted some statutory provisions in the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 as well as the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 where the distinction between mental illness and mental retardation has been collapsed. ..... . as a contrast to the 2012 act with which we are concerned, the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 would make it clear that whichever person is affected by mental retardation, in the broader sense, is a person with disability under the act, who gets protection ..... . range of competencies among these individuals, the central government 163 seeks to set up a national trust to be known as a national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disability .....

Jeeja Ghosh and Anr. Vs. Union of India and Ors.

Court : Supreme Court of India

..... she is, inter alia, a board member of the national trust, an organization of the government of india, set up under the national trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act (act 4 of 1999). ms. ..... |definition/scope of the car |the term 'person with | | |while the ashok kumar |disability' has been retained| | |committee report's proposed |in the car to keep the | | |definition was accepted, the |terminology in line with icao| | |draft car also incorporates |annex 9 and circular 274 on | | |the category of incapacitated|and persons with disabilities| | |persons which should be |(equal opportunities, | | |removed and substituted with |protection of rights and full| | | persons with |participation) act, 1995 | | |additional/specific support |published in part ii, section| | |requirements . ..... even though human rights activists have made their best efforts to create awareness that people with disabilities have also right to enjoy their life and spend the same not only with the sense of fulfilment but also to make them contribute in the growth of the society, yet mindset of large section of the people who claim themselves to be 'able' persons still needs to be changed towards differently abled persons. ..... the said committee consisted of as many as 21 members, including members from the cross-section, 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. .....

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. ..... section 2 [i], [q], [r] defines 'disability', 'mental illness' and 'mental retardation' to the following effect:2[i] 'disability' means - [i] blindness; [ii] low vision; [iii] leprosy-cured; [iv] hearing impairment; [v] locomotor disability; [vi] mental retardation; [vii] mental illness;[q] 'mental illness' means any mental disorder other than mental retardation;[r] 'mental retardation' means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence.5. .....

Rugmini Vs. Union of India

Court : Kerala

..... in the light of the aforesaid judgments, it is always open for the appellants to seek appointment of guardian under section 14 of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999, and obtain appropriate orders for managing or selling the property of a person wa.65/08 6 with disability.6. ..... it shall always be open for the appellants to approach the competent authority in terms of section 14 of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 and seek necessary directions. ..... the appellants contended that under the national trust for welfare of persons with autism, cerebral palsy, mental wa.65/08 2 retardation and multiple disabilities act, 1999, there is no provision for appointment of guardian to dispose of the property of a mentally retarded person. ..... in fact, the multiple wa.65/08 5 disabilities act, 1999 is a comprehensive subsequent enactment, which deals with multiple disabilities including mental retardation in question. ..... i agree with the wa.65/08 4 submission made by mr.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 s.54 of the mental health act. .....