Local Level Committee
|
 |
 |
 |
|---|
Statutory Activities (Legal Guardianship)
The statutory role of the LLC is enumerated in Sections 14-17 of the National Trust Act that deal with the appointment / removal of legal guardians for persons with these four specific disabilities. This role is performed in the form of the following activities
-
Receipt of applications
-
Processing of applications
-
Appointment of guardians
-
Monitoring and evaluation of guardians
-
Removal, if necessary, of guardians.
The appointment of legal guardians of disabled persons is an innovation in the concept of guardianship as we have known it till now. For the first time, under this Act, disability of a person is being considered the basis of appointing a legal guardian for him/her.
Conduct of Proceedings of LLC
-
The LLC should normally meet in the Office of the District Magistrate/ Deputy Commissioner since he acts as the head of the Committee. However, there is no bar on the LLC holding its meetings at any other place in the district.
-
At the meeting all the three members including the District Magistrate/Deputy Commissioner are required to be present. Thus the required quorum for the LLCs is full quorum. No meeting of the LLC should be held in the absence of anyone of its statutory members. All noting and orders passed by the LLC shall be signed by all three members of the LLC.
-
It may be noted that the District Collector/ LLC can nominate/co-opt other district officials/ non-officials as Convener 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.
-
Proceedings of the LLC meeting will be kept in a simple register to be maintained by the Convener of the meeting. However, separate case files for actions Under Sections 14 to 17 of the National Trust Act, i.e., appointment/ removal of legal guardians will be maintained by the Convener and orders passed under these Sections will be delivered under the signature of all three statutory members and the official seal of the National Trust.
-
When considering issues pertaining to legal guardianship the meetings of the LLC should be held after giving sufficient prior notice to the Applicants. In appointing/ removing legal guardians, the LLC acts as a quasi-judicial authority and, therefore, the District Magistrate/Deputy Commissioner should ensure that proceedings are recorded in the form of an order sheet as in the case of all quasi judicial proceedings. It is for the same reason that such meetings of the LLC should be held only during office hours and only on official working days. However, meetings where appointment/ removal of legal guardians is not on the agenda can be held on any day and at any time as per the convenience of the LLC members, since there is no bar on conducting official business on holidays or after declared office hours.
-
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.
-
The LLC should Endeavour to decide all applications and issues concerning guardianship within forty five days of the receipt of such application. The Committee must record reasons where the period of forty five days is exceeded.
-
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 National Trust for guidance.
-
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. Such matters may also be intimated to the National Trust.
-
In appropriate matters the LLC may consider review or recall of its orders in order to render justice. It may pass interim orders also in the interest of persons with disability.
-
The LLC should make available certified copies of any order passed by it to any person on payment of a nominal cost fixed by it.
-
The LLC shall use the official seal of the National Trust on its official documents only and not on the personal stationery of the members.
-
The LLC or its members should not use the logo of the National Trust on the stationery of the LLC or on the letterheads of the members without the prior approval of the National Trust since the logo of the National Trust is an intellectual property and its Copyright vests with the National Trust.
-
It is mandatory for LLCs to meet at least once in every three months.
Other Activities
In addition to the statutory role of appointing/ removing legal guardians, the LLCs have a much wider agenda since they act as the brains trust for the welfare of persons with these specific disabilities in the district. This role includes the entire range of activities that help in translating the objectives of the National Trust into action at the district level. These activities can be enumerated as follows:-
(a) Awareness generation and interactions on:
- The National Trust Act, 1999;
- The rights of persons with these four disabilities;
- The needs, problems and preferred solutions of the local population of persons with these four disabilities and their families;
- Schemes and programmes of the National Trust.
(b) Implementation and coordination of some of the schemes/ programmes/ initiatives of the National Trust according to the directions given by the National Trust.
(c) Liaising with local leaders, Panchayat members, Government officials, representatives of NGOs and family members of the persons with these four disabilities for the furtherance of the objectives of the National Trust.
(d) Promoting the setting up of a Parents’ Association consisting of the parents of children with these four disabilities and enabling it to get registered with the National Trust. The LLC should also try to promote the formation of self-help groups of persons with disabilities. Ideally, the self-help groups should comprise persons with disabilities only but in case sufficient numbers of persons for the formation of such groups are not available, a group may comprise both parents as well as persons with disabilities.
(e) Taking pro-active measures that concern the local problems/needs of persons with these four disabilities and their families.
(f) Convergence:
- Ensuring the flow of desired benefits to persons with these four disabilities in all those schemes of Government of India and the State, Government where the disabled, though included amongst the target beneficiary group, are not in focus as the schemes belong to Departments not directly working for the welfare of the disabled.
- Ensuring the inclusion of persons with these four disabilities in all general disability related programmes of Government of India and the State Government
|
|
