Bill was introduced in the Rajya Sabha on the 18th July 2018

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—18 REGISTERED NO. DL—(N)04/0007/2003—18 vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lña ubZ fnYyh] cq/kokj] tqykbZ 18] 2018@vk"kk<+ 27] 1940 ¼'kd½ 9] No. 9] NEW DELHI, WEDNESDAY, JULY 18, 2018/ASHADHA 27, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bill was introduced in the Rajya Sabha on the 18th July, 2018:— Bill No. XVII of 2018 A Bill to amend the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. This Act may be called the National Trust for Welfare of Persons with Autism, Short title. Cerebral Palsy, Mental Retardation and Multiple Disabilities (Amendment) Act, 2018. 2. In the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Amendment 44 of 1999. Retardation and Multiple Disabilities Act, 1999 (hereinafter referred to as the principal of section 4. Act), in section 4,— (a) in sub-section (1), the words "or until his successor shall have been duly appointed, whichever is longer" shall be omitted; (b) after sub-section (1), the following sub-section shall be inserted, namely:—2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— "(1A) The Central Government shall initiate the process for appointment of the Chairperson or Member, as the case may be, at least six months prior to the expiry of the term of office of such Chairperson or Member."; (c) in sub-section (3), the following proviso shall be inserted, namely:— "Provided that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the Chairperson until such vacancy is filled in.". Amendment of 3. In section 5 of the principal Act, in sub-section (1), in the proviso, for section 5. the words "until the appointment of his successor is made by the Central Government", the words "until his resignation is accepted by the Central Government" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 STATEMENT OF OBJECTS AND REASONS The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (the said Act) was enacted 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 matter connected therewith or incidental thereto. 2. Sub-section (1) of section 4 of the Act, inter alia, provides that the Chairperson and Members of the Board of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities shall hold 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. Similarly, sub-section (1) of section 5 relating to resignation of Chairperson and Members, provides that the Chairperson shall contine until the appointment of his successor is made by the Central Government. Such provisions allow the Chairperson and other Members to continue in office even after the expiry of their tenure for an indefinite period until a suitable person is appointed to such posts. In the past, it has been witnessed that despite repeated efforts to fill up the post of the Chairperson within the stipulated period, no candidate could be found suitable for appointment to the post. 3. In view of the above, it has been considered necessary to amend the said Act, so as to provide— (a) for a fixed tenure of three years to the Chairperson and Members; (b) that the Central Government shall initiate action for filling up of the post of the Chairperson or Member, at least six months prior to the expiry of the term of office of such Chairperson or Member; (c) that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level to perform the functions of the Chairperson until such vacancy is filled in; and (d) for continuation of the Chairperson, in case he resigns from office, until his resignation is accepted by the Central Government. 4. The Bill seeks to achieve the aforesaid objectives. THAAWAR CHAND GEHLOT ———— DESH DEEPAK VERMA Secretary-General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110 002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110 054. MGIPMRND—795GI(S3)—20-07-2018.