 bill no  104 of 2016 the mentally retarded children (welfare) bill, 2016 bydr ramesh pokhriyal 'nishank', mpa 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-seventh year of the republic of india as follows:—1 (1) this act may be called the mentally retarded children (welfare) act, 2016short title, extent and commencement(2) it extends to the whole of indiadefinitions2 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 a girl who is below the age of twenty years;5(iii) "committee" means the residential schools management committee constituted by the appropriate government 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 by private or 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 children154 the appropriate government shall,—(i) establish residential school for mentally retarded children in every district; (ii) ensure yoga training for mentally retarded children in residential schools and also parents meeting and their counselling once every month;setting up of residential schools and providing education and employment to mentally retarded children1520(iii) provide food, adequate care, protection, lodging and boarding, books, stationery items and uniform free of cost;(iv) provide transportation facilities to the mentally retarded children to enable them to attend school;(v) provide concession to mentally retarded children with their parents or caretaker in journey by bus, rail and air;25(vi) provide job oriented professional education and training for selfemployment to mentally retarded children after they complete their school education according to their capability; and(vii) pay subsistence allowance or financial assistance to such mentally retarded children as are not able to earn livelihood305 the appropriate government shall provide such monthly allowance to the economically poor guardian or caretaker of mentally retarded child for his livelihood, health care and treatment, as may be prescribedmonthly 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 schools35residential schools management committee(2) the committee shall consist of—(a) the district magistrate who shall be the chairperson ex-officio; and40(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 committeeclinic for mentally retarded persons7 there shall be set up at least one clinic in every government hospital for mentally retarded persons where such persons shall be provided medical treatment including physiotherapy, occupational therapy and psychological treatment and other healthcare facilities free of cost in such manner as may be prescribed8 (1) the appropriate government shall appoint—5facilities to be provided in residential schools(i) well trained teachers who have experience of teaching mentally retardedchildren and addressing their special needs; and(ii) such number of administrative personnel for better management ofresidential schools as it may be deem necessary10(2) the salary and allowances payable to and other terms and conditions of service ofthe teachers and non-teaching staff of residential schools shall be such as may be prescribed9 the appropriate government shall—provision of public awareness(i) create awareness amongst masses through mass media about special care of mentally retarded children; and15(ii) create appropriate mechanism for redressal of grievances of mentallyretarded children in respect of violation of provisions of this act2010 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 funds11 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 rules12 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of the act25 30(2) every rule made under this act by the central government shall be laid, as soon asmay 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 rule(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 legislature35 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 considering them 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 government should come forward for welfare of mentally retarded children and take care of their life term livelihood the provisions of financial assistance to the parents, 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 welfare measures of mentally retarded children in the countryhence this billnew delhi;ramesh pokhriyal 'nishank'march 11, 2016 financial memorandumclause 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 8 provides for appointment of teachers and non-teaching staff alongwith all basic facilities in residential schools clause 9 provides that the appropriate government shall create awareness amongst mass and set up appropriate fora for redressal of parents or caretakers of mentally retarded children clause 10 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 nine hundred crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 12 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 detail 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 governments for the welfare of mentally retarded children and for matters connected therewith or incidental thereto————(dr ramesh pokhriyal 'nishank', mp )gmgipmrnd—5330ls(s3)—25-04-2016