Introduction

As per Section 13 (1) of the National Trust Act 1999, the Board shall constitute a Local Level Committee for such area as may be specified from time to time.

As per section 13(2) a local level committee shall consist of -

1. 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;
2. A Representative of a Registered Organization; and
3. A Person with disability as defined in Clause (t) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Right & Full Participation) Act, 1995 (1 of 1996).

Source- Section 13(1) and (2) of National Trust Act-1999.

Co-opted additional Members

LLCs have been advised to include following as co-opted members in addition to the statutory members to assist them in their functioning

1. District Social Justice Officer/District Welfare Officer/District Rehabilitation Officer
2. Civil Surgeon or Chief Medical Officer,
3. A Psychiatrist of the District Hospital
4. A Reputed Lawyer in the district

Apart from above LLC could involve any other Govt. Officer or Disability Experts for rendering justice to the case and effective functioning.

Source-Guidelines issued in October 2007 based on Section 13(5) of National Trust Regulations.

Functions of LLC

Appointment of Guardian

As per section 14(1) of National Trust Act “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”.

Removal of Guardian

As per Section 17(1) of National Trust Act “ whenever a parent or a relative of a person with disability or a registered organisation finds that the guardian is –

1. Abusing or neglecting a person with disability, or
2. Misappropriating or neglecting the property, it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian.

Source: Section 14-17 of National Trust Act

Legal Guardianship under the Act is for person or property or both.

Source-As per Section 14(3) and Form B under Section 16(2) of NT Rules and as per advice of ALA.

Funding Pattern for LLC

In view of the changed scenario and demand of fund by the DC/DM Office for smooth functioning of Local Level Committee to meet out expenses, The National Trust board in its 74th meeting held on 23rd June, 2017 approved the funding pattern. The main contents are as under -

1. Rs. 200/- per Legal Guardianship appointed through the new Scheme Management System and after uploading the Certificate.
2. Rs. 250/- for each Quarter (Rs. 1000/- for a year) to each LLC for online submission of Quaterly Reports in the prescribed format.
3. Rs. 500/- for field visit/Inquiry in each case for Legal Guardianship done by LLC NGO or PwD member as per  need of the case and as per directions of LLC Chairperson after uploading the Guardianship Certificate in the New Management System.

The Funds will be released in the Local Level Committee account only.

Source- Minutes of the 74th Meeting of the Board of the National Trust held on 23.06.2017 at 11:00 AM.

Every Local Level Committee (LLC) should constitute sub-committee(s) for field work and for secretarial assistance in expeditious disposal of statutory responsibilities of LLCs.

Bank Account of LLCs

A separate bank account in the name of “Local Level Committee - name of the district, name of the state” has to be opened in which the first signatory shall be the District Collector/Magistrate or his representative, second signatory will be the NGO member and the 3rd signatory will be the PwD member of the LLC.

The account can be operated by first signatory and any one of the 2nd /3rd signatory.

Custodian of chequebook/passbook and account detail shall be the NGO member of the LLC

The NGO Member of the LLC shall also be the convener of the LLC.

Source-Guidelines Issued vides letter dated 30/5/2008 to all LLCs by JS&CEO.

Forms in the National Trust Act, Rules and Regulations

Read & Download Form A (see rule 16(1))-(Form of Application to the LLC for appointment of guardian for person with Disability)

Read & Download Form-B (Certificate of Appointment of Guardianship)

Read & Download Form-C (see Rule 27(1)- Form of return covering property of the ward to be submitted by the guardian within 6 months of his appointment as guardian).

Read & Download Form-D(see Rule 27(2)-(Form of account of the property and assets to be furnished by the guardian within a period of 3 months of the close of every financial year)

Source - Form under National Trust

Conduct of Proceedings of LLC

1. As per section 10(1) of the National Trust Rules “one third of the total members shall form the quorum for any meeting”. Hence the Chairperson of LLC alone can take up cases of Legal guardianship.

Source: Section 10(1) of National Trust Rules.

2. It may be noted that the District Collector/ LLC can nominate/co-opt other district officials/ non-officials as Convenor and non-statutory members. It is, therefore, open to the LLC to take such administrative assistance in the conduct of its meetings and maintenance of records as the DM/DC may consider expedient.

Source- Elaboration based on Section 13(5) of National Trust Regulations.

3. The LLC shall keep in mind principles of natural justice while considering issues concerning guardianship and may rely on documents certified by appropriate authorities and may also accept affidavits in support of factual matters. It may also examine witnesses though it has no power to issue summons to anybody.

Source-As per Legal Advice of ALA.

4. In matters of doubt or interpretation of the provisions of the National Trust Act, Rules and Regulations, the Committee may refer the questions to the Senior Lawyer as co-opted member in the LLC.

Source: Elaboration of Section 13(5) of National Trust Regulations.

5. In contentious matters concerning property disputes relating to the property of persons with disabilities, it would be appropriate to ask the parties to resolve their disputes in the appropriate court of law. But till such time the guardianship application should not be kept in abeyance and should be decided in the best interest of the person with disability.

Section 14(3) if read with form B under National Trust Rules the guardianship has four categories. Therefore, the same has been elaborated in this para and as per legal advice of ALA.

6. It is mandatory as per Section 13(4) for LLCs to meet at least once in every three months or at such intervals as may be necessary. Hence there is no restriction to hold as many meetings as are necessary to decide on the applications for Guardianship in the interest of person with disability.

Source: Section 13(4) of National Trust Act.