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Section 4: .. Limited ~ Guardianship

The Rajasthan Rights of Persons with Disabilities Rules,2018State Rules of Rajasthan · 2016

. (1) The District Level Committee on disabilities . - constituted by the State Government under Section 72 of the Act shall grant the support of limited’ ad w n E g a ad ’ TT 4 (7) ~~ RISREATT_I[G—TF, SRT 24, 2019 123(3).

guardianship to a person with: disability to take a legally ‘binding decision on his behalf. ;

(2) The District Level ‘Committee, before granting limited guardianship for the person with disabi lity, shall satisfy itself that such person is not in a position to take tegally. binding decision of his own.

(3) The District Level Committee shall take a , decision preferably within ~a_petiod of 90 days from the ‘date of receipt of an application regarding grant of limited guardianship .or from the date of coming to his notice of the need;.of such limited , guardianship: - :

‘Provided that the consent of the perso to act’as a limited guardian shall also be obtained before grant of such limited guardianship.

(4) The validity of the. limited - guardianship as appointed under sub-rule (1) shall be initially for a period .of five years which can.

be further extended by the District Level Committee:

KE Provided: that the District Level Committee shall follow » the same procedure while extending the. validity of the. limited :

guardianship as followed while granting the initial guardianship. .

(5) While granting the, support.of, such limited guardianship the Disfrict Level Committee shall consider a suitable person to be appointed as a limited guardianship in the following preference of merit;- -(a) The parents or adult children of the person with disability

(b) Immediate Brother or Sister

(c) Other Blood relatives or guardians or. ‘prominent personality of the locality. -

(d) Any registered covernment/ non- government arganization ‘under the. Act.

(6) Only those individuals who are over : the. age of 18 years and who have not - ‘been previously convicted of any. ‘cognizable offence as defined in the Code of Criminal Procedure, 1973 (Central Act No. 1 of 1974) shall be appointed. as a limited Guardian.

(7) The limited guardian appointed under sub- rule (1) shall - consult the person with disability in all matters before taking any legally binding decisions on his behalf.

(8)The appointéd limited guardian shall ensure that the legally ] binding decisions taken on behalf of the person with disability are in the interest of the person with disability.

J U E S R 123(4) RTI Yo, Sa 24, 2019 OT 4 (1)

CHAPTER-III SPECIAL PROVISION FOR PERSONS WITH BENCHMARK DISABILITIES

Where this provision sits

ActThe Rajasthan Rights of Persons with Disabilities Rules,2018
Section4
Marginal note.. Limited ~ Guardianship
JurisdictionState of Rajasthan
StatusIn force as published by the source

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