Section 17(1) in The National Trust For Welfare Of Persons With Autism, Cerebral Palsy, Mental Retardation And Multiple Disabilities Rules, 2000
(1)(i)The Local Level Committee upon receiving an application for removal of a guardian from a parent or a relative of a person with disability or a registered organisation on the grounds specified in clauses (a) and (b) of sub-section (1) of section 17 of the Act, shall appoint a team of investigators consisting not less than three persons.(ii)The team shall consist of one representative of parent organization, one representative of the association for the disabled and one Government official associated with disability not below the rank of Assistant Director.(iii)While taking a decision on the appointment of guardian, the Local Level Committee shall ensure that the person whose name has been suggested for appointment as guardian is-(a)a citizen of India;(b)is not of unsound mind or is currently undergoing treatment for mental illness;(c)does not have a history of criminal conviction;(d)is not a destitute and dependent on others for his own living; and(e)has not been declared insolvent or bankrupt.(iv)In case of an institution or organisation being considered by the Local Level Committee for appointment as a guardian, the following guidelines shall be followed:-(a)the institution should be recognised by the State or the Central Government;(b)the institution should have a minimum of 2 years' experience in offering disability rehabilitation services including running residential facilities or hostel to the respective category of persons with disability;(c)the residential facility or hostel for persons with disabilities shall maintain minimum standards in terms of space, staff, furniture, rehabilitation and medical facilities as specified by the Board.(v)The team of investigators while investigating a complaint for assessing the abuse or neglect of a person with disability shall follow the guidelines specified by the Board.(vi)The following acts of commission or omission shall constitute abuse or neglect on the part of the guardian, namely:-(a)solitary confinement of person which disability in a room for longer period of time;(b)chaining of the person with disability;(c)beating or treating a person with disability resulting in bruises, skin or tissue damage (not due to his injurious behaviour indulged by the persons with disabilities);(d)sexual abuse;(e)long deprivation of physical needs such as food, water and clothing;(f)no provision or non-compliance of rehabilitation or training programmes as specified by experts in the field of disability rehabilitation;(g)misappropriation or misutilisation of the property of the person with disability; and(h)lack of facilities or no provision of trained or adequate staff for meeting the training and management needs of the persons with disabilities.
