Section 17

Removal of guardian.

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

  • Act 44 of 1999
  • Ministry of Social Justice and Empowerment
  • Department of Empowerment of Persons with Disabilities
About this Act

An Act 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 matters connected therewith or incidental thereto.

All sections
    (1) Whenever a parent or a relative of a person with disability or a registered organisation finds that the guardian is--
         (a) abusing or neglecting a person with disability; or
         (b) misappropriating or neglecting the property,
it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian.
     (2) Upon receiving such application the committee may, if it is satisfied that there is a ground for removal and for reasons to be recorded in writing, remove such guardian and appoint a new guardian in his place or if such a guardian is not available make such other arrangements as may be necessary for the care and protection of person with disability.
     (3) Any person removed under sub-section (2) shall be bound to deliver the charge of all property of the person with disability to the new guardian, and to account for all moneys received or disbursed by him.
     Explanation.--For the purposes of this Chapter, the expression "relative" includes any person related to the person with disability by blood, marriage or adoption.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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