Last Change:
12/26/2024
The Protection of Persons with Neuro-developmental Disability Trust Act
Year: 2013
Type: Domestic law
Rights Category: Education, Health, Liberty & security of person, Social protection, Documentation
Description
The Act came in action to make provisions for the establishment of a trust and for the protection of the rights of the persons with neuro-developmental disability.
Selected provisions
In this Act, unless there is anything repugnant in the subject or context,-
(1) “parent” means the mother or father of a person with neuro-developmental disability or any guardian so appointed;
(9) “appointed guardian” means a guardian appointed under section 23;
(10) “person with neuro-developmental disability” means a person with any form of disability mentioned in section 3;
(14) “special educational institution” means an educational institution where a person with neuro-developmental disabilities is provided with special education instead of mainstream education;
For the purposes of this Act, taking into account the diversity of physical, mental, intellectual, developmental and sensory impairments and disadvantages, the types of neuro-developmental disabilities shall be as follows, namely:-
(a) autism or autism spectrum disorders;
(b) Down syndrome;
(c) intellectual disability; and
(d) Cerebral palsy.
In which the presence of the symptoms mentioned in the following clauses (a), (b) and (c) is certain and if one or more of the symptoms mentioned in clauses (d), (e), (f), (g), (h), (i), (j) and (k) are observed, they will be considered as a disabled person with features of Autism or Autism Spectrum Disorders, viz:-
(a) limitations in verbal or non-verbal communication;
(b) limitation of social and interpersonal behavior, communication and imaginative activities;
(c) repeating similar or restricted acts or conduct;
(d) greater or lesser sensitivity than others in hearing, sight, smell, taste, touch, pain, balance and movement;
(e) intellectual disability or any other handicap or disability;
(f) extraordinary ability in one or more specific subjects and inequality of development in the same person;
(g) not making or keeping less direct eye contact with others;
(h) excessive excitability, excitement or incoherent crying;
(j) unusual physical gestures;
(j) excessive tendency to follow the same routine; And
(k) any other feature prescribed by the Government, from time to time, by Gazette Notification.
[Explanation.-Autism or Autism Spectrum Disorders is a complex disorder in the normal development of the brain that manifests between one year six months to three years after the birth of a child. People with this type of disability usually do not have any problems or defects in their physical structure and their appearance and appearance is similar to that of other healthy and normal people. They cannot interact properly with the environment, such as not being able to use language, withdrawing into themselves, etc. However, in many cases, such individuals show special skills in many complex subjects, including drawing, singing, operating a computer, or solving mathematical problems.]
A genetic disorder associated with the presence of an extra chromosome in the 21st chromosome pair in an individual and if special features of mild to severe mental retardation, weak muscular strength, squint and mongoloid facial features are observed, he will be considered as a disabled person with Down syndrome.
A person possessing one or more of the following characteristics shall be considered as a person with intellectual disability, namely:-
(a) significant limitations in age-appropriate activities;
(b) limitations in intellectual activity, such as causal analysis, learning or problem solving;
(c) limitations in daily functioning skills, such as communication, self-care, social skills, self-management, health and safety, education, etc.; or
(d) IQ below normal level.
(1) If, by reason of any injury or attack of disease on the immature brain, a person,-
(a) Abnormalities in general movement and posture, which limit daily activities;
b) the extent of brain damage does not subsequently decrease or increase; And
(c) Daily functioning can be enhanced by providing appropriate health care,
Then he will be considered as a person with cerebral palsy disability.
(2) The characteristics of disability due to cerebral palsy shall be as follows, namely:
(a) Muscles being too tight or loose;
(b) asymmetry or limitation in normal movements of the arms or legs;
(c) imbalance or lack of balance in normal gait;
(d) Visual, hearing, intellectual or general impairment;
(e) behavioral limitations;
(f) communication limitations; or
(g) Affection of one arm or both arms or one leg or both legs or one arm and leg or both arms and legs.
(1) After the commencement of this Act, the Government shall, as soon as practicable, establish a trust to be called the Neuro-Developmental Disability Protection Trust in accordance with the provisions of this Act.
(2) The trust shall be a statutory body and shall have perpetual continuance and a common seal and shall have power to acquire, hold and transfer property, both immovable and immovable, and shall be sued for or against it in its name.
The aim and objective of the trust shall be to enable the person with neuro-developmental disability to live with dignity as a part of the society,-
(a) to provide physical, emotional and financial support as far as possible;
(b) provision of appropriate education and technical knowledge; and
(c) Social empowerment.