The Non-Resident Indians' (Keralites) Commission Act, 2015

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GOVERNMENT OF KERALA 
Law (Legislation-it) Department 
NOTI FICATION 
No. 26233/1-eg.H1/2015/1-aw. 	 27th Ja.nuary. 2016 
Dated, Thfrui'ananthapura,n. 131h Mukaram /191 
71/i Magha, 1937. 
In pursuance of clause (3) of article 348 of the Constitution of India, 
the Governor of Kerala is pleased to authorise the publication in the 
Gazette of the following translation in English language of the 
Non-Resident Indians' (Keralites) Commission Act, 2015 (3 of 2016). 
By order of the Governor, 
D. SAJLJ, 
Special Secretary ('Lan). 
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[Translation in English of 20I5-j UJoioml 	 n()ix (uø1c8) 
published under the authority of the Governor.] 
ACT No. 3 OF 2016 
THE NON-RESIDENT INDIANS' (KERALITES) COMM ESSION 
ACT, 2015 
An Act to colistillIle a Co,nini.'sioi foi Non-Resident I,:dians hailing 
fiv,ii Kerala with a view to protect and safeguard their interest in the 
State of Kerala and to recommend renzedial measures fbr their welf ,re 
and fr 1?Z(1ttL"1s cominected tl!ere)t'ith or imicidental thereto. 
Preamb/e.—Wiii.iu'..s, it is expedient to provide for constitution of a 
Commission for Non-Resident Indians hailing from Kerala with a view to 
protect and safeguard their interest in the State of Kerala and to 
recommend remedial measures for their welfare and for matters connected 
therewith or incidental thereto; 
Bi it enacted in the Sixty-sixth Year of the Republic of India as 
follows:- 
title and comrnencenzent.—( 1) This Act may be called the 
Non- Resident Indians' (Keralites) Commission Act, 2015. 
(2) It shall come into force on such date as the Government may, 
by notification in the Gazette, appoint. 
DefInitions — In this Act, unless the context otherwise requires, 
Chairperson" means the Chairperson of the Commission: 
Commission" means the Non-Resident Indians' (Keralites) 
Commission constituted under section 3 and that may be known as NRI 
(Kerala) Commission: 
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"complaint" means all petitions or communications received in 
the Commission from a Non-resident Indian or from any other person on 
his behalf in person or by post, fax, e-mail or by any other means 
alleging disputes or such violation or denial of justice by a public servant 
or a private person or from Institutions including Government/Quasi 
Government/Public Sector Institutions/Bank or such providing material on 
the basis of which the Commission takes suo-molo cognizance; 
"Member" means a member of the Commission and includes 
the Chairperson and Secretary: 
"Non-resident Indians' (Keralites' means a person of Indian 
citizen dornicilcd in Kerala who is either pennanently or temporarily 
settled outside India for,— 
taking up employment outside India: or 
India; or 	
(ii) carrying on a business or vocation or for studying outside 
(iii) any other purpose, in such circumstances, as would 
indicate his intention to stay outside India for an uncertain period. 
(I) "family" means,— 
Wife/husband, minor son including adopted children and 
unmarried divorced or widowed daughter; 
Father, mother, unmarried sisters and minor brothers who 
are solely dependent on the Non-resident Indians (Keralites) and in the 
absence of such dependents, the major son and married daughter; 
"prescribed" means prescribed by rules made under this Act: 
"regulations" means the regulations made by the Commission 
as per sub-section (8) of section 7 of this Act. 
3. Coiistj,uijw, of the Collzniisvio,z._( 1) The Government shall as 
soon as. may be afier the commencement of this Act, constitute a body 
to he known as the Non-resident Indians' (Keralites) Commission to 
exercise the l)owers conferred upon and to perform the functions assigned 
In 
(2) The Commission shall consists of the following members 
nominated by the Government. namely:--- 
A person who is or has been a Judge of the High Court of 
Kerala, who shall be the Chairperson of the Commission 
Two members from Non-resident Indians (Keralites) who are 
abroad for not less than five years: 
Two members from Non-resident indians' (Keralites) who 
returned after being abroad for 5 or more years. 
An officer not below the rank of a Joint Secretary to 
Government or a retired officer from All India Service not below the rank 
equivalent to that shall be the Secretary of the Commission and he shall 
exercise such powers and perform such functions as may be delegated to 
him by the Commission: 
A person who has completed the age of 65. shall not be 
continued as Chairperson or member. 
4. Tern: of u//Ice and conditions of service of inen:bers.--( I) Except 
Secretary appointed from service, every member shall hold office for a 
period of three years from the date on which he assumes office and shall 
be eligible for re-appointment for not more than one term. 
A casual vacancy caused by reason of death, removal or 
resignation of any member shall be filled by fresh nomination: 
Provided that a person so nominated shall hold office only for the 
remaining period of the term of the person in whose place such person is 
nominated. 
The members other than the Secretary shall be paid with such 
allowances or sitting tes for attending the meeting of the Commission, as 
may be prescribed. 
5. Suit! of the Con ,,njssion.—(l) The Government shall provide the 
Commission with such Officers and other employees as may be required 
for the proper functioning of the Commission: 
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(2) The salaries and allowances payable to and other terms and 
conditions of service of the Officers and other employees shall be such as 
may be prescribed. 
Headquarters of the Commission -The head(Juarters of the 
Commission shall be at Thiruvananthapuram. 
Sittings of //me Comnmis.vion._-( I) The Commission shall hold its 
sittings ordinarily at Thiruvananthapurarn at such time as the ('haimperson 
may think fit. It may also hold its sittines at any other place within the 
State, if necessary. 
The meeting of the Commission shall be presided over by the 
Chairperson In the absence of the Chairperson, a member to be elected 
among the members present at the meeting, shall I)reside over the 
meeting. 
The quorum for a meeting of the Commission shall be three. 
The Commission shall meet at least once in two months, 
All questions at a meeting of the Commission shall be decided 
upon by the majority of the votes of the members present and \oting and 
in the case of equality of votes, the C'hairperson or the member presiding 
over the meeting, shall have a right for a casting \'ote. 
The Commission, tbr the purpose of transacting any business 
before it or for considering any special issue, may invite persons having 
specialized knowledge in the matter but such person shall have no right to 
Vote. 
All orders and decisions of the Commission shall be 
authenticated by the signature of the Chairperson or any other member 
who presides over the meeting. Other instruments executed by the 
Commission shall be authenticated by the signature of the Secretary. 
The Commission shall with the previous approval of 
Government make regulations ibr regulating its procedure and the disposal 
of its business and such regulations shall. afier they are made, be published 
in the Gazette. 
33131212016/s.3 
is 
8. Removal of ,ne,nl,er fron? Comniission.—The Government may, 
by order, remove the Chairperson or any member if he,— 
is adjudged as uiidiscliacged insolvent: or 
has been convicted of an offence which in the opinion of 
the Government involves mora turpitude: or 
is of unsound iii md and stands so declared by a competent 
Court: or 
without obiainiig permission from the Commission. has 
been absent from three consecutive mectngs of ,  the Commission: or 
in the opinion of the Government. has abused his official 
position so as to render his continuance in office detrimental to public 
interest: 
Provided that no person shall be removed under this clause until he 
has been given a reasonable opportunity of being heard in the matter. 
9. Pu,iciions of 11w (is.ioJi. -(1 Subject to the provisions of 
this Act, it shall be the duty of the Commission to assist, promote and to 
develop the welfare of the Nor-resident Indians' (Keralites) and to perform 
such other lunctions as the Government may assign to it, from time to 
time. 
(2) '[he Commission niav in furtherance of its object. perform the 
following functions, nainely— 
(a) help the Non-Rcsident Indians' (Keralites) and their family 
in protecting their rights, paitcutarly in the issues ol lit and property ifl 
the State of Kerala: 
(h) pursue the titicieSIS of the Non-Resident Indians' (Keralites) 
with the State and Central Government: 
I 1cp to Sat'ceuard the iimvestnlent in all forms of Non-
Resident Indians Kcillte) Pi Keraia: 
Facilitate Social Ser ice OreanisalionS for the Non-Resident 
Indians' (Keralites) and their spouses and parents living in Kerala for 
community life and health care: 
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Inquire into unfair practice. against Non-Resident Indians' 
(Keralites) and make recommendations to concerned Government 
Departments or Agencies on the action to be taken in the matter: 
Report to Government the inadequacies or shortcomings in 
the existing laws in force which afiëct the Indian Constitutional right to 
equality and fair treatment of Non-Resident Indians' (Keralites) and also 
on the remedial Legislative measures to he taken to meet the situation: 
(g) To enquire into the unthir praciices of recruitment agencies 
and to ensure that the interests of the Non-Resident Indians' (Keralites) 
are protected; 
Act for the protection of the interests, assets and deposits 
of the overseas citizen of Indian card holders who had been permanent 
resident in Kerala and has been registered as per the provisions of 
section 7A of the Citizenship Act, 1 955 (Central Act 57 of 1955) and 
family members and to facilitate the social service or ganizations for the 
health care of their faniilv members in Kerala: 
to suggest suitable measures to he adopted in the issues of 
Non-Resident Indians' (Keralites). 
10. Powers of' the Col?z?nisvion.—( 1) The Commission shall, while 
perfonriing its functions under section 9, have all the pOvers as are vested 
in a Civil court while trying a suit tinder the Code of Civil Procedure, 
1908 (Central Act 5 of 1908). in respect of the following matters, 
namely:— 
summoning and enforcing the attendance Of any witness 
and examining him on oath; 
requiring the discovery and prodution of any document; 
receiving evidence on affidavits: 
requisitioning any public records or copy thereof from any 
public office; 
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appointing commisSionS for the examination of witnesses and 
documents: and 
any other matter which may be prescribed. 
Any proceeding before the Commission shall be deemed to be a 
judicial proceeding within the meaning of sections 193 and 228 of the 
indian Penal Code. 1 860 (Central Act 45 of 1860) and the Commission 
shall be deemed to be a court for the purpose of section 195 of the 
Code of Criminal Procedure. 173 (Central Act 2 of 1974). 
The Commission halI, while conducting enquiry under 
section 9. shall afford opportunity to all parties to present their views by 
themselves or by their authorized representativcS 
The lindings of ,  the Commission on any enquiry conducted 
under this Act shall be communicated to the Government with its 
recommendations for appropriate action or relic!' to the parties to the 
dispute. 
11. inquiry mb u,iifiir pr wlices.--- (1) The Commission shall inquire 
into any unfair l)ractice against Non-Resident indians' (Keralites),— 
(a) on receiving a written complaint from a recognized 
Non-resident organization or any Non-Resident Indians' (Keralites) alleging 
that he has been subjected to unfair practices: or 
(h) on its own knowledge or information: or 
(c) on a request from the Government. 
(2) Where a complaint has been made under sub-section (1), the 
Commission may, before initiating any process against the respondent, 
cause a preliminary investigation in such a manner as it may deem fit, for 
the purpose of satisfying itself that the complaint requires to be 
inquired into. 
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where the person against whom the complaint has been made, 
appears and show cause or fails to appear on the day appointed for that 
Purpose, the Commission may proceed further to inquire into the matter 
and take a decision thereon and if the Commission finds that there is 
unfair practice, it shall recommend to Government the action to be taken 
thereon or initiate prosecution. 
a 
Government shall, within two months from the date of receipt 
of the recommendation of the Commission under sub-section (3) take a 
decision thereon and intimate the same to the Commission. 
12. Power of the Commission to urili:e the services of certain 
ofilcers and investigating oflIcer fr investigation.—The Commission may 
conduct inquiry or investigation into matters falling within its authority,— 
(a) either directly; or 
through an investigating officer appointed by the 
Commission; or 
(c) through the Government Departments or Agencies. 
13. Chairpersons, Me,nbers, Secretary, Ot/Icers and other Employees 
of the Commission to be pith/ic servants.—The Chairperson, members, 
Secretary, officers and other employees of the Commission shall be 
deemed to be public servants within the meaning of section 21 of the 
Indian Penal Code, 1860 (Central Act 45 of 1860). 
14. Application of other laws not harred.—The provisions of this Act 
shall be in addition to and not in derogation of any other law for the time 
being in force. 
15. Vacancies etc. not to invalidate the proceedings of the 
Commission.—No act or proceedings of the Commission shall be invalid 
on the ground merely of the existence of any vacancy in the Commission 
or any defect in its constitution. 
PrOteCliOfl 0/ action t(ikefl in good /iith. —No suit, prosecutton 
or other legal proceedings shall lie against the Commission, Chairperson, 
or any member or Secretary or any officer or any other emp'oyee of the 
Commission acting under the direction of the Commission in respect of 
anything which is done or purported to be done in good faith under this 
Act. 
Grants 1w the State Government.—(l) The State Government shall 
after due appropriation made by the Legislature by law in this behalf, pay 
to the Commission by way of grants from the Consolidated Fund of the 
State, such sums of money as it may consider appropriate for being 
utilized for the purposes of this Act. 
(2) The Commission may utilize such sums of money as considers 
appropriate for performing the functions under this Act and such sums of 
money shall be treated as expenditure payable out of the grants referred 
to in sub-section (1). 
Accounts and Audit.—( 1) The Commission shall maintain proper 
accounts and other relevant record and registers and prepare annual 
statement of accounts in such form, as may be prescribed. 
The accounts of the Commission shall be audited by the 
Accountant General and any expenditure incurred in respect of such audit 
shall be payable by the Commission to the Accountant General. 
The Accountant General or any person appointed by him in 
connection with the audit of accounts of the Commission under this Act, 
shall have the same rights and privileges as the Accountant General 
generally has in connection with the audit of Government accounts and in 
particular shall have the right to demand the production of books, 
accounts, connected vouchers, otliei documents and papers and to inspect 
the office of the Commission. 
The accounts of the Commission, as certified by the Accountant 
General or any other person appointed by him in this behalf, together with 
the audit report thereon shall be forwarded annually to the Government by 
the Commission and the Government shall cause the report be laid within 
a period of six months from the date of its receipt before the Legislative 
Assembly. 
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Annual Report of the Coininission.—( 1) The Commission shall as 
soon as may be after the end of each financial year, prepare in such form 
and at such time, khr each financial year as may be prescribed, its annual 
report giving a lull account of its activities and programs undertaken during 
it 	 the previous financial year. and submit to the Government. 
(2) A copy of the report received under sub-section (1) shall be 
laid before the Legislative Assembly within six months after the same is 
received by the Government. 
Poiier 10 make rules.— The Government may by notification in 
the Gazette, make rules for the purpose of carrying into effect the 
provisions of this Act. 
(2) Every rule made under this Act shall be laid as soon as may be 
after it is made before the Legislative Assembly while it is in session for 
a total period of fourteen days which may be comprised in one session or 
in two successive sessions and if before the expily of the session in which 
it is so laid or the session immediately following the Legislative Assembly 
makes any modification in the rule or decides 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. 
Power to re,noi'e clifiicu/Iic.r__( 1) If any difficulty arises in 
giving effect to the provisions of this Act, the Government may by order 
published in the Gazette, make such provisions not inconsistent with the 
provisions of this Act, as appear to it to be necessary or expedient for 
removing the difficulty: 
Provided that no such order, shall be made after expirv of a period of 
two years from the date of comnlenceinent of this Act. 
(2) Every order made under this section shall, as soon as may be 
afler ii is made. be laid before the Legislative Assembly. 

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