The National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999
No. 44 of 1999 (30th December 1999)
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.
Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:Chapter 1 - Preliminary
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Title
- 1. This Act may be called the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
- 2. It extends to the whole of India expect the State of Jammu and Kashmir.
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In this Act, unless the context otherwise requires,-
- a. "autism" means a condition of uneven skill development primarily
affecting the communication and social abilities of a person, marked
by repetitive and ritualistic behavior;
- b. "Board" means Board of trustees constituted under section 3;
- c. "cerebral palsy" means a group of non-progressive condition of
a person characterized by abnormal motor control posture resulting
from brain insult or injuries occurring in the pre-natal, perinatal
or infant period of development;
- d. "Chairperson" means the Chairperson of the Board appointed under
clause (a) sub-section (4) of section 3;
- e. "Chief Executive" Officer" means the Chief Executive Officer appointed
under sub-section (1) of section 8;
- f. "Member" means a Member of the Board and includes the Chairperson;
- g. "Mental retardation" means a condition of arrested or incomplete
development of mind of person, which is specially characterized
by sub-normality of intelligence;
- h. "Multiple disabilities" means a combination of two or more disabilities
as defined in clause (i) of section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995;
- i. "Notification" means notification published in the Official Gazette;
- j. "Persons" with disability" means a person suffering from any of
the conditions relating to autism, cerebral palsy, mental retardation
or a combination of any two or more of such conditions and includes
a person suffering from severe multiple disability;
- k. "Prescribed" means prescribed by rules made under this Act;
- l. "Professional" means a person who is having special expertise
in a field, which would promote the welfare of persons with disability;
- m. "Registered organization" means an association of persons with
disability or an association of parents of persons with disability
or a voluntary, as the case may be, registered under section 12;
- n. "Regulation" means the regulations made by the Board under this
Act;
- o. "Severe disability" means disability with eighty percent or more
of one or more of multiple disabilities;
- p. "Trust" means the National Trust for Welfare of Persons with Autism, Cerebral Palsy Mental Retardation and Multiple Disability constituted under sub section (1) of section 3.
Chapter 2 - The National Trust For Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability
- 1. With effect from such date as the Central Government may, by notification, appointment, there shall be constituted, for the purpose of this Act, a body by the name of the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities which shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provision of this Act, to acquire, hold and dispose of property, both movable and immovable, and both movable and immovable, and contact, and shall, by the said name, sure or be sued.
- 2. The general superintendence, direction and management of the affairs and business of the Trust shall vest in a Board which may exercise all powers and do all acts and things which may be exercised or done by the Trust.
- 3. The head office of the Trust shall be at New Delhi and the Board
may, with the previous approval of the Central Government, establish
offices at other places in India.
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The Board shall consist of -
- a. a chairperson to be appointed by the Central Government from amongst, the persons having expertise and experience in the field of autism, cerebral palsy, mental retardation and multiple disability;
- b. nine persons to be appointed in accordance with such procedure
as may be prescribed from amongst the registered organization
out of which three members each shall be from voluntary organization,
association of persons with autism, cerebral palsy, mental retardation
and multiple disability and from associations of persons with
disability, members:
Provided that initial appointment under this clause shall be made by the Central Government by nomination;
- c. eight persons not be below the rank of joint Secretary to the Government of India nominated by the Govt. represent the Ministries or Departments of Social Justice and Empowerment, Women and Child Development, Health and Family Welfare, Finance, Labor, Education, Urban Affairs and Employment and Rural Employment and Poverty Alleviation, Members, ex-offico;
- d. three persons to be nominated by the Board representing the
associations of trade, commerce and industry engaged in philanthropic
activities, members;
- e. the Chief Executive Officer, who shall be of the rank of Joint Secretary to the Government of India, Member Secretary, ex-officio;
- 5. The Board may associate with itself, in such manner and for such
purpose as may be determined by regulation, any person whose assistance
or advice it may desire for carrying for any other out the objects
of the Trust:
Provided that such person shall have a right to take part in the discussion relevant to that purpose but shall not have right to vote at a meeting of the Board and shall not be a member for any other purpose:
Provide further that the maximum number of persons so associated shall not exceed eight and so far as possible the person so associated shall belong to the registered organization or from the professional.
- 1. The Chairperson or a Member shall hold office for a term of three
years from the date of his appointment or until his successor shall
have been duly appointed, whichever is longer:
Provide that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years.
- 2. The conditions of service of the Chairperson and other Members
shall be such as may be prescribed.
- 3. A casual vacancy in the Board shall be filled in accordance with
the provisions of section 3 and a person appointed shall hold office
only for the remainder of the term for which the member, in whose
place he was appointed, would have held that office.
- 4. Before appointing any person as the Chairperson or a Member, the
Central Government shall satisfy itself that the person does not
and will not, have any such financial or other interest as is likely
to affect prejudicially his function as such member.
- 5. No Member of the Board shall be a beneficiary of the Trust during
the period such Member holds office.
- 6. The Board shall meet at least once in three months at such time
and place as may be determined by the Board by regulations and shall
observe such rules of procedure in the transaction of business at
a meeting as may be prescribed.
- 7. The Chairperson, if for any reason is unable to attend the meeting
of the Board, b any Member elected by the Members present from amongst
themselves at the meeting, shall preside at the meeting.
- 8. All question which come up before any meeting of the Board shall
be decided by a majority of votes of the Members present and voting,
and in the event of an equality of votes, the Chairperson, or in
his absence, the person presenting shall have a second or casting
vote.
- a. "autism" means a condition of uneven skill development primarily
affecting the communication and social abilities of a person, marked
by repetitive and ritualistic behavior;
- 1. The Chairperson may resign his office by writing under his hand
addressed to the Central Government:
Provide that the Chairperson shall continue in office until the appointment of his successor is made by the Central Government.
- 2. A Member may resign from office by writing under his hand addressed
to the Chairperson.
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No person shall be a member if he -
- a. is, or become, of unsound mind or is so declared by a competent court; or
- b. is, or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
- c. is, or at any time has been, adjudicated as an insolvent.
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If a member -
- a. becomes subject to any of the disqualification mentioned in section
6; or
- b. is, without obtaining leave of absence, absent from three consecutive
meeting of the Board; or
- c. tenders his resignation under section 5, his seat shall thereupon become vacant.
- 1. The Central Government shall appoint the Chief Executive Officer
to exercise such powers and performs such duties under the direction
of the Board as may be prescribed or as may be delegated to him
by the Chairperson.
- 2. The Board shall, with the previous approval of the Central Government,
appoint such other officers and employees as it considers necessary
to carry out the objectives of the Trust.
- 3. The salary and allowances payable to, and the other terms and
conditions of service of, the Chief Executive Officer, other officers
and employees of the Trust shall be such as may be determined by
regulations.
- a. becomes subject to any of the disqualification mentioned in section
6; or
- No act or proceeding of the Board shall be called in question on the ground merely of the existence of any vacancy, in or any defect in the constitution of, the Board.
-
The objects of the trust shall be:
- a. to enable and empower persons with disability to live as independently
and as fully as possible within and as close to the community to
which they belong;
- b. to strengthen facilities to provide support to persons with disability
to live within their own families;
- c. to extend support to registered organization to provide need based
services during the period of crises in the family of persons with
disability ;
- d. to deal with problems of persons with disability who do not have
family support;
- e. to promote measures for the care and protraction of persons with
disability in the event of death of their parent or guardian;
- f. to evolve procedure for the appointment of guardians and trustees
for persons with disability requiring such protection;
- g. to facilitate the realization of equal opportunities, protection
of right and full participation of persons with disability; and
- h. to do any other act which is incidental to the aforesaid object.
Chapter 4 - Powers and Duties of the Board
- a. to enable and empower persons with disability to live as independently
and as fully as possible within and as close to the community to
which they belong;
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The Board shall:
- a. receive from the Central Government a one-time contribution of
rupees one hundred crores for a corpus, the income where of shall
be utilized to provide for adequate standard of living for persons
with disability;
- b. receive bequest of movable property any person for the benefit
of the person with disability in general and for furtherance of
the objectives of the Trust in particular:
Provide that it shall be obligatory on the part of the Board to make arrangement for adequate standard of living for the beneficiary named in the bequest, if any and to utilize the property bequeathed for any other purpose for which the bequest has been made: Provide further that the Board shall not be under any obligation to utilize the entire amount mentioned in the bequest for the exclusive benefit of the persons with disability named as beneficiary in the bequest;
- c. receive from the Central Government such sums as may be considered necessary in each financial year for providing financial assistance to registered organization for carrying out any approved Programme.
- a. any Programme which promote independent living in the community
for persons with disability by-
- i. creating a conducive environment in the community;
- ii. counseling and training of family members of persons with
disability;
- iii. setting up of adult training units, individual and group homes;
- i. creating a conducive environment in the community;
- b. any programme which promotes respite care, foster family care
or day care service for persons with disability;
- c. Setting up residential hostels and residential homes for persons
with disability;
- d. Development of self-help group persons with disability to pursue
the realization of their rights;
- e. setting up of local committee to grant approval fir guardianship
and
- f. such other programmes which promote the objective of the Trust.
- While earmarking funds for the purpose of clause:(c) of sub-section
(2), preference shall be given to woman with disability or to persons
with severe disability and to senior citizen with disability.
Explanation:- For the purpose of this sub-section, the expression;-
- a. "Persons with severe disability" shall have the same meaning as
is assigned to it under sub-section (4) of section 56 of the persons
with Disabilities (Equal Opportunities, Protection of Right and
Full Participation) Act, 1995;
- b. "Senior citizen' means a person who is above the age of sixty-five years or more.
- 1. Any association of person with disability, or any association
of parents of persons with disability or a voluntary organization
whose main object is promotion of welfare of persons with disability
may make an application for registration to the Board.
- 2. An application for registration shall be made in such form and
manner and at such place as the Board may by regulation provide
and shall contain such particulars and accompanied with such documents
and such fees may be provided in the regulation.
- 3. On receipt of application for registration, the Board may make
such inquires as it thinks fit in respect of genuineness of the
application and correctness of any particulars thereon.
- 4. Upon receipt of such application the Board shall either grant
registration to the applicant or reject such application for reasons
to be recorded in writing:
Provided that where registration has been refused to the application, the said applicant may again make an application for registration after removing defects, if any in its previous application.
- 1. The Board shall constitute a local level committee for such area
as may be specified by it from time to time.
- 2. A local committee shall consist of:-
- a. 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;
- b. a representative of a registered organization; and
- c. a person with disability as defined in clause (t) of section
2 of the persons with disabilities (Equal Opportunities, Protection
of rights and Full Participation) Act, 1995
- a. 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;
- 3. A local level committee shall continue to work for a period of
three years from the date of its constitution or till such time
it is reconstituted by the Board
- 4. A local level committee shall meet at least once in every three months or at such interval as may be necessary.
- 1. A parent of a person with disability or his relative may make
as application to the local level committee for appointment of any
person of his choice to act as a guardian of the persons with disability.
- 2. Any registered organization may make an application in the prescribed
form to the local level committee for appointment of a guardian
for a person with disability:
Provide that no such application shall be entertained by the local level committee, unless the consent of the guardian of the disabled person is also obtained.
- 3. While considering the application for appointment of a guardian,
the local level committee shall consider:-
- a. whether the person with disability needs a guardian;
- b. the purpose for which the guardianship is required for person with disability.
- a. whether the person with disability needs a guardian;
- 4. The local level committee shall receive, process and decide applications
received under sub-section (1) and (2), in such manner as may be
determined by regulation: Provide that while making recommendation
for the appointment of a guardian, the local level committee shall
provide for the obligation which are to be fulfilled by the guardian.
- 5. The local committee shall send to the Board the particulars received by it and orders passed thereon at such interval as may be determined by regulations.
Chapter 5 - Procedure for Registration
Chapter 6 - Local level Committees
- a. "Persons with severe disability" shall have the same meaning as
is assigned to it under sub-section (4) of section 56 of the persons
with Disabilities (Equal Opportunities, Protection of Right and
Full Participation) Act, 1995;
- Every person appointed as a guardian of a person with disability
under this chapter shall, wherever required, either have the care of
such person of disability and his property or be responsible for the
maintenance of the person with disability.
- 1. Every person appointed as a guardian under section 14 shall, within
a period of six months from the date of his appointment, deliver
to the authority which appointed him, an inventory of immovable
property belonging to the person with disability and all assets
and other movable property received on behalf of the person with
disability, together with a statement of all claims due to and all
debts and liabilities due by such person with disability.
- 2. Every guardian shall also furnish to the said appointing authority
within a period of three moths at the close of every financial year,
an account of the property and assets in his charge, the sums received
and disbursed on account of the person with disability and the balance
remaining with him
- 1. Whenever a parent or a relative of a person with disability or
a registered organization find 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.
- a. abusing or neglecting a person with disability; or
- 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 arrangement
as may 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.
For the purpose of sub-section (1), the expression "approved Programme" means
Explanation,- For the Purpose of this chapter, the expression "relative" includes any person related to the person with disability by blood, marriage or adoption.
Chapter 7 - Accountability and Monitoring
- 1. The books and documents in the procession of the Board shall be
open to inspection by any registered organization
- 2. Any registered organization can submit a written requisition to
the Board the access of any book or document maintained by the Board.
- 3. The Board shall frame such regulations as it think necessary for allowing the access of any books or document to a registered organization.
- a. receive from the Central Government a one-time contribution of
rupees one hundred crores for a corpus, the income where of shall
be utilized to provide for adequate standard of living for persons
with disability;
- The Board shall determine by regulations the procedure for evaluating
the prefunding status of registered organization seeking financial assistance
from it and such regulations may also provide for the guidelines for
monitoring and evaluating the activities of the registered organizations
who are receiving financial assistance from the Trust.
- 1. The Board shall in each year hold an annual general meeting of
registered organizations, and not , more than six months shall elapse
between the date of one annual general meeting and that of the next.
- 2. A notice of the annual general meeting along with a statement
of accounts and records of its activities during the preceding year
be sent by the Board to every registered organization at such time
as may be determined by regulations.
- 3. The quorum for such meeting shall be such number of persons of the registered organization as may be determined by regulation.
- The Central Government may, after due appropriation made by parliament
by law in this behalf, make to the Trust a one-time contribution of
rupees one hundred crores for a corpus, the income whereof may be utilized
the objects of the Trust under this Act.
- 1. There shall be constitute a fund to be called the National Trust
for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation
and Multiple disabilities Fund and there shall be credited thereto-
- a. all money received from the Central government;
- b. all moneys received by the trust by way of grants, gifts,
donation, benefaction, bequests or transfers;
- c. all moneys received by the Trust in any other manner or from any other source.
- a. all money received from the Central government;
- 2. All moneys belonging to the fund shall be deposited in such banks
or invested in such manner as the Board may, subjects to approval
of the Central Government, decide.
- 3. The funds shall be applied towards meeting the administrative
and other expenses of the Trust including expenses incurred in the
exercise of its powers and performance of duties by the Board in
relation to any of its activities under section 10 or for anything
relatable thereto.
- The Board shall prepare, in such form and at such time in each financial
year as may be prescribed, the budget for the next financial year showing
the estimated receipt and expenditure of the Trust and shall forward
the same to the Central Government,
- 1. The Board shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts of the Trust including
the income and expenditure accounts in such form as the Central
Government may prescribe and in accordance with such general direction
as may be issued by that Government in constitution with the Comptroller
and Auditor-General of India.
- 2. The accounts of the Trust shall be audited by the Comptroller
and Auditor General of India at such intervals as may be specified
by him and any expenditure incurred by him in connection with such
audit shall be payable by the Board of the Comptroller and Auditor-General
of India.
- 3. The Comptroller and Auditor-General of India and by other person
appointed by him in connection with the audit of the accounts of
the Trust shall have the same rights, privileges and authority in
connection with such audit as the Comptroller and Auditor-General
of India generally has in connection with the audit of the Government
accounts, and in particular, shall have the right to demand and
production of books of accounts, connected vouchers and other documents
and papers and to inspect any of the offices of the Trust.
- 4. The accounts of the Trust as certified by the Comptroller, and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government, and that Government shall cause the same to be laid before each House of Parliament.
- The Board shall prepare every year, in such form within such time
as may be prescribed an annual report giving a true and full accounts
of its activities during the previous year and copies thereof shall
be forward to the Central Government and that Government shall cause
the same to be laid before each House of Parliament.
- All orders and decisions of the Board and instrument issued in the
name of the Trust shall be authenticated by the signature of the Chairperson,
the Chief Executive Officer or any other officer authorized by the Chairperson,
in this behalf.
- The Board shall furnish to the Central Government such reports, returns and other information as that Government may require time to time.
- 1. Without prejudice to the foregoing provisions of this Act, the
Board shall, in exercise of its power or the performance of its
duties under this Act, be bound by such direction on questions of
policy as the Central Government may give in writing it from time
to time:
Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
- 2. The decision of the Central Government whether a question is one if policy or not shall be final.
- 1. If the Central Government on the complaint of a registered organization
or otherwise has reason to believe that the Board in unable to perform
or has persistently made default in the performance of the duties
imposed on it, the Central Government may issue notice to the Board
asking why it should not be superseded: Provide that no order superseding
the Board shall be made by the Central Government, unless a notice
affording reasonable opportunity to the Board has been given in
writing that why it should not be superseded.
- 2. The Central Government after recording reasons in writing and
by issuing a notification in the Official Gazette supersede the
Board for a period of not more than six months: provided that on
the expiration of the period of super session Central Government
may reconstitute the Board, in accordance with section 3.
- 3. Upon the publication of the notification under sub-section (2),-
- a. all the members of the Board shall, not withstanding that their term of office had not expired as on the date of super session, vacate their office as such members;
- b. all the powers and duties which may, buy or under the provision of this Act, be exercised or performed by or on behalf of the trust shall, during the period of supersession, be exercised and performed by such person as the Central Government may direct.
- 4. On the expiration of the period of super session specified in
the notification issued under sub-section (2), the Central Government
may:-
- a. extend the period of super session for such further period
as it may consider necessary so that the total period of supersession
does not exceed more than six months; or
- b. reconstitute the Board in the manner provided in section 3.
- a. extend the period of super session for such further period
as it may consider necessary so that the total period of supersession
does not exceed more than six months; or
- Notwithstanding anything contained in the Income-tax Act, 1961, or
any other law for the time being in force relating to tax on income.
profit or gains, the Trust shall not be liable to pay income-tax or
any other tax in respect of its income, profits or gains derived.
- No suit, prosecution or other legal proceeding shall lie against the
Central Government or the Trust or any member of the Board or Chief
Executive officer or any officer or other employee of the Trust or any
other person authorized by the Board to perform duties under this Act
for any loss or damage caused or likely to be caused by anything which
is done in good faith. Explanation:- For the purpose of this section,
the expression "good faith" shall have the same meaning as is assigned
to it in the Indian Penal Code.
- All Members, Chief Executive Officer, other officers and employees
of the Trust shall be deemed, when acting or purporting to act in pursuance
of any of the provisions of this Act, to be public servant within the
meaning of section 21 of the Indian Penal Code.
- The Board may, by general pr special order in writing, delegate to
the Chairperson or any members or any officer of the Trust or any other
person subject to such conditions and limitations, if any, as may be
specified in the order such of its powers under this Act, (except the
power to make regulations under section 35) as it may deem necessary.
- 1. The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
- 2. In particular, and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following
matters, namely:-
- a. the procedure in accordance with which the person representing
registered organization shall be elected under clause (b) of
sub-section (4) of section 3;
- b. the condition of service of the Chairperson and Members under
sub-section (2) of section 4;
- c. the rules procedure in the transaction of business at meeting
of the Board under sub-section (2) of section 14;
- d. the powers and duties of Chief Executive Officer under sub-section
(1) of section 8;
- e. the form in which an application for guardianship may be made
by a registered organization under sub-section (2) of section
23;
- f. the procedure in accordance with which a guardian may be removed
under section 17;
- g. the form in which, and the time within which, the budget of
the trust shall be forwarded to the Central Government under
section 23;
- h. the form in which the annual statement of accounts shall be
maintained under sub-section (1) of section 24;
- i. the form in which, and the time within which, the annual reports
shall be prepared and forwarded under section 25;
- j. any other matter which is required to be, or may be, prescribed.
- a. the procedure in accordance with which the person representing
registered organization shall be elected under clause (b) of
sub-section (4) of section 3;
- The Board may, with the previous approval of the Central Government,
by notification in the Official Gazette, make regulations consistent
with this Act and rules generally to carry out the purpose of this Act.
- In particular, and without prejudice to the generality of the foregoing
power, such regulation may provide for all or any of the following matters,
namely:-
- a. the manner and purpose for which a person may be associated under
sub-section (5) of section 3;
- b. the time and place at which the Board shall meet under sub-section (6) of section 4;
- c. the terms and conditions of service of, Chief Executive Officer,
other officer and employees of the Trust under sub-section (3) of
section 8;
- d. the form manner in which the application shall be made for registration
under sub-section (2) of section 12 and the particulars which such
application shall contain under that sub-section;
- e. the manner in which application for guardianship shall be received,
proceed and decided by the local level committee under sub-section
(4) of section 114;
- f. the particulars of application and orders passed thereon by the
local level committee under sub-section (5) of section 14;
- g. the procedure for evaluating the pre-funding status of the registered
organization and framing of guidelines for monitoring and evaluating
the activities of such registered organization under section 19;
- h. the time within which notice for annual general meeting shall
be sent and quorum for such meeting under sub-section (2) and (3)
of section 20; and
- i. any other matter which is required to be, or may be provided by regulation.
- a. the manner and purpose for which a person may be associated under
sub-section (5) of section 3;
- Every rule and every regulation made under this Act shall be laid. as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or successive session aforesaid, both House agree in making any modification, in the rule or regulation or both House agree that the rule pr regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Chapter 3 - Objects of the Trusts
Chapter 8 - Finance, Accounts and Audit