RBI/2007-2008/ 189
DBOD.No.Leg.BC. 51 /09.07.005/2007-08

November 19, 2007

All Scheduled Commercial Banks
(Excluding RRBs)

Dear Sir,

Legal Guardianship Certificate issued under the National Trust
Act, 1999 empowering the disabled persons with autism,
cerebral palsy, mental retardation and multiple disabilities

1. We have been advised by the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (the Trust) that a question has been raised as to whether the banks and the banking sector can accept the guardianship certificates in regard to persons with disabilities issued by the Local Level Committees set up under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
   
   
2. The Trust has mentioned that the above Act was specifically passed by the Parliament in order to provide for appointment of legal guardians for persons with disability that is covered under the said Act. The above Act provides for appointment of legal guardians for persons with disability by the Local Level Committees set up under the Act. The Trust has opined that a legal guardian so appointed can open and operate the bank account as long as he remains the legal guardian.
   
   
3. The matter has been examined in consultation with the Indian Banks' Association. They have concurred with the above views expressed by the Trust. It may also be noted that the provisions of Mental Health Act, 1987 also allows appointment of Guardian by District Courts.
   
   
4. Banks are therefore advised to rely upon the Guardianship Certificate issued either by the District Court under Mental Health Act or by the Local Level Committees under the above Act for the purposes of opening / operating bank accounts. A list of Local Level Committees forwarded to us by the above Trust is enclosed.
   
   
5. Banks may also ensure that their branches give proper guidance so that the parents / relatives of the disabled persons do not face any difficulties in this regard.

Yours faithfully
(Prashant Saran)
Chief General Manager-in-Charge

SUMMARISED LIST OF LOCAL LEVEL COMMITTEES
FORMED TILL 26 FEBRUARY, 2007

At present LOCAL LEVEL COMMITTEES have been constituted in 499 districts out of the total of 591 districts in the country except J&K. State and UTS wise list are as follows: -

STATES - 27