Friends
Here is an instance how regulators are confused and do confuse stake holders
about persons with disabilities.
Partly we, the persons with disabilities are responsible for this.
read for yourself this latest notification by RBI:
Date : Jan 21 2014
UCBs- Legal Guardianship Certificates Issued under the Mental Health Act, 1987
and National Trust for the Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999
RBI/2013-14/456
UBD.BPD.(PCB) CIR No.44/13.01.000/2013-14
January 21, 2014
The Chief Executive Officers of
All Primary (Urban) Co-operative Banks
Madam/Dear Sir,
Legal Guardianship Certificates Issued under the Mental Health Act, 1987
and National Trust for the Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities Act, 1999
Please refer to our Circular UBD.CO.BPD.No.27/12.05.001/2007-08 dated December
4, 2007, in terms of which Urban Co-operative Banks (UCBs) were advised, inter
alia, to rely upon the Guardianship Certificate issued either by the District
Court under Mental Health Act, 1987 or by the Local Level Committees under the
National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999 for the purposes of opening /
operating bank accounts by disabled persons with autism, cerebral palsy, mental
retardation and multiple disabilities.
2. In supersession of the instructions contained in the above mentioned
circular, following guidelines would be applicable for the purpose of opening /
operating bank accounts:
(i) The Mental Health Act, 1987 provides for a law relating to the treatment
and care of mentally ill persons and to make better provision with respect to
their property and affairs. According to the said Act, "mentally ill person"
means a person who is in need of treatment by reason of any mental disorder
other than mental retardation. Sections 53 and 54 of this Act provide for the
appointment of guardians for mentally ill persons and in certain cases,
managers in respect of their property. The prescribed appointing authorities
are the district courts and collectors of districts under the Mental Health
Act, 1987.
(ii) The National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999 provides for a law
relating to certain specified disabilities. Clause (j) of Section 2 of that Act
defines a "person with disability" to mean 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 disabilities. This Act empowers a Local Level
Committee to appoint a guardian to a person with disabilities, who shall have
the care of the person and property of the disabled person.
3. UCBs are advised to take note of the legal position mentioned above and may
rely on and be guided by the orders/certificates issued by the competent
authority, under the respective Acts, appointing guardians/managers for the
purposes of opening/ operating bank accounts. In case of doubt, care may be
taken to obtain proper legal advice.
4. UCBs may also ensure that their branches give proper guidance to their
customers so that the guardians/managers of the disabled persons do not face
any difficulties in this regard.
Yours faithfully,
(A.K.Bera)
Principal Chief General Manager
With thanks and regards
(Rajesh Asudani)
Assistant General Manager
Reserve Bank of India
Nagpur
(In youth you want things, and then in middle-age you want to want them.)
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