 bill no 180 of  2015 the mentally retarded children (welfare)  bill, 2015 by shri om prakash yadav,  mp a billto provide for certain measures to be undertaken by the union and the state governments for the welfare of mentally retarded children and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the mentally retarded children (welfare) act, 2015(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(i) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(ii) "child" means a boy or girl who is below the age of eighteen years;5(iii) "committee" means the residential schools management committee cconstituted under section 6;(iv) "mentally retarded child" means a child with a condition of arrest or incomplete development of mind which is specially characterized by sub-normality of intelligence;10(v) "residential school" means an institution or home which is run privately or with government aid for the education and protection of mentally retarded children; and(vi) "prescribed" means prescribed by rules made under this act3 the appropriate government shall from time to time hold, within its jurisdiction, a census for collecting all relevant data relating to mentally retarded childrencensus for mentally retarded children4 the appropriate government shall,—(i) establish residential school for mentally retarded children in every district;15(ii) provide food, adequate care, protection, lodging and boarding, books, stationery items and uniform free of cost;setting up of residential schools and providing education and employment to mentally retarded children20(iii) provide job oriented professional education and training for self-employment to mentally retarded children after they complete their school education according to their capability; and(iv) pay subsistence allowance or financial assistance to such mentally retarded children as are not able to earn livelihood 5 the appropriate government shall provide such monthly allowance to the guardian or caretaker of every mentally retarded child for his livelihood, health care and treatment, as may be prescribed25monthly allowance to the guardian or caretaker of the mentally retarded children6 (1) the appropriate government shall set up a local committee in every district to be known as the residential schools management committee to look into issues relating to admissions and management of residential schoolsresidential schools management committee(2) the committee shall consist of—(a) the district magistrate who shall be the chairperson ex-oficio; and30(b) not more than five members, of whom at least two members shall be women, from amongst the persons living in that district and have knowledge in the field of child welfare to be nominated by the chairperson (3) the appropriate government shall provide to the committee such number of officers and staff as may be necessary for the efficient functioning of the committee357 (1) the appropriate government shall appoint—facilities to be provided in residential schools(i) well trained teachers who have experience of teaching mentally retarded children and of addressing their special needs; and(ii) such administrative personnel for better management of residential schools as it may be deem necessary40(2) the salaries and allowances payable to and other terms and conditions of service of the teachers and non-teaching staff of residential schools shall be such as may be prescribed5 8 the central government shall, after due appropriation made by parliament  by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds9 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the actpower to make rules10 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of the act1015(2) every rule made under this act by the central government 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 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of 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 rule20(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsthe number of mentally retarded children is continuously increasing in the countrythey become mentally and physically dependent due to mental retardation the families of mentally retarded children are forced to live in difficulty because of non-availability of scientific knowledge for the upbringing, care and livelihood of mentally retarded children in the country the mentally retarded children and their families bear this torture without any fault of theirs the families are forced to bear the unbearable cost of care and health services for mentally retarded children several guardians disown these children considered as burden on the family and leave them alone on bus stands, railway stations, temples and masjids for begging anti-social elements take advantage of this situation several welfare institutions for the mentally retarded children in the country are facing difficulty in keeping them under their protection after their having attained eighteen years of age they need more protection and support at this point of their age therefore, the governments should come forward for welfare of mentally retarded children and take care of their life term livelihood the provisions of financial assistance to the guardians or caretakers will help them to bring these mentally retarded children in social mainstream and setting up of residential schools will help in addressing their special needs the government should take sole responsibility of mentally retarded children and provide protection to them in order to remove their dependence on social institutions in view of their plight the provision for affording an opportunity to mentally retarded children to live with pride is expected to be made by the governmenttherefore, it is extremely necessary to provide for the welfare measures of mentally retarded children in the countryhence this billnew delhi;om prakash yadavjuly 6, 2015 financial memorandumcluase 3 of the bill provides that a child census may be conducted to collect all relevant data of mentally retarded children clause 4 provides for setting up of residential schools to impart education and training to mentally retarded children clause 5 provides for monthly allowance to the guardian/caretakers of the mentally retarded children clause 6 provides for setting up of a residential school management committee in every district clause 7 provides for appointment of teachers and non-teachning staff alongwith all basic facilities in residential schools clause 8 provides for payment of adequate funds to the states for carrying out the purposes of the act the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that a sum of rupees six hundred crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for certain measures to be undertaken by the union and the state governmentsfor the welfare of mentally retarded children and for matters connected therewith orincidental thereto————(shri om prakash yadav, mp)