LexThe Non-Resident Keralites' Welfare Act, 2008
Kerala · state statute
Open in Lexace · Ask the AI about this actACT 10 OF 2009
THE NON-RESIDENT KERALITES’ WELFARE ACT, 2008
An Act to provide for the constitution of a Welfare Fund to grant relief to, to
ensure the welfare of and to pay pension and other benefits to the
Non-Resident Keralites and to promote companies or co-operative
societies or societies or other institutions of Non -Resident Keralites’
for their welfare.
Preamble-WHEAREAS, it is expedient to provide for the constitution of
a Welfare Fund to grant relief to, to ensure the welfare of and to pay pension
and other benefits to the Non -Resident Keralites’ and to promote companies
or co-operative societies or societies or other institutions of the Non-Resident
Keralites’ for their welfare.
BE it enacted in the Fifty- ninth Year of the Republic of India as
follows:-
1. Short title and commencement - (1) This Act may be called the
Non-Resident Keralites’ Welfare Act, 2008.
(2) It shall come into force on such date as the Government may,
by notification in the Gazette, appoint.
2. Definitions: - (1) In this Act, unless the context otherwise
requires,-
(a) “Board” means to Kerala Non -Resident Keralites’ Welfare Board
constituted under section 9 of the Act;
(b) “Chief Executive Officer” means the Chief Executive Officer
appointed under sub-section (1) of section 12 of the Act;
(c) “Company” means a company registered under the Companies
Act, 1956 (Central Act 1 of 1956) for the purpose mentioned in section 14 of
the Act;
(d) “Constitution” means the sum of money payable to the Fund
under section 4 of the Act;
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(e)“Co-operative Society” means a Co-operative Society registered
under the Kerala Co-operative Societies Act, 1969 (Act 21 of 1969);
(f)“Deemed member” means a Non -Resident Keralite (India) whose
membership has been ceased owing to his return to Kerala but who is paying
the contribution continuously to the Fund under sub-section (4) of section 7
of the Act;
(g)“Dependent” means the family member of a member of the Fund
and in the absence of a family, the major brothers and widowed sisters of the
member;
(h)“Family” means, -
(1) Wife/husband, minor son and unmarried or widowed daughter
including adopted children;
(2) Father, mother, unmarried sisters and minor brothers who are
solely dependent on the member and in the absence of such dependents, the
major son and married daughter;
(i) “Fund” means the “Non-Resident Keralites’Welfare Fund”
constituted under section 3 of the Act;
(j) “Government” means the Government of Kerala;
(k) “Keralite” means a person born or domiciled in the State of
Kerala and includes wife/husband of such person and their major children;
Explanation:- A person who was born outside Kerala and who
resides in Kerala permanently for a period of not less than three years shall
be considered as domiciled in Kerala for the purposes of this Act.
(l) “Member” means a member of the Fund;
(m) “Non-Resident Keralite” means, -
(i) a Keralite holding a valid Indian passport and is employed or
residing for livelihood in abroad with the VISA of the foreign country or a
Keralite who was holding an Indian passport having validity and was
employed or resided for livelihood abroad for at least two years with the
VISA of a foreign country [hereinafter referred to as Non -Resident Keralite
(abroad)]; or
(ii) a Keralite who is outside the State of Kerala and is employed or
residing in India, [hereinafter referred to as Non -Resident Keralite (India)],
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but does not include employees of the Central Government, State
Government, Local Self Government or Public Sector Undertakings of both
the Central and State Government or Autonomous Institutions;
Explanation:- If any question arises as to whether a person is or not a
Non-Resident Keralite for the purpose of this Act, that question shall be
referred to the Chief Executive Officer of the Board or an officer authorized
by the Government in this behalf whose decision thereon shall be final;
(n) “NORKA - ROOTS” means the company NORKA-ROOTS
constituted under the Companies Act, 1956 (Central Act 1 of 1956);
(o) “Notification” means a notification published in the Kerala
Gazette;
(p) “Overseas Development and Employment Promotion Consultants
Limited” means the public sector undertaking the Overseas Development
and Employment Promotion Consultants Limited constituted under the
Companies Act, 1956 (Central Act 1 of 1956);
(q) “Prescribed” means prescribed by rules issued under this Act;
(r) “Re-patriated person” means a member who returns to Kerala and
resides permanently in Kerala after working as a Non -Resident Keralite for a
period of not less than two years;
(s) “Scheme” means the Non -Resident Keralites’ Welfare Scheme
framed under this Act;
(t) “Special Aid Fund” means the Special Aid Fund constituted under
section 8 of the Act;
(u) “State” means the State of Kerala;
(v) “Year” means the financial year.
3. The Non -Resident Keralites’ Welfare Scheme, - (1)The
Government may, by notification in the Gazette, frame a Scheme to be called
the Non-Resident Keralites’ Welfare Scheme for the constitution of a Fund
for the welfare of the Non-Resident Keralite under this Act and there shall be
constituted as soon as may be after the framing of the Scheme, a Fund in
accordance with the provisions of this Act and the Scheme.
(2) The following shall be credited to the fund, namely:-
(a) the contributions under section 4;
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(b) grants, loans or advances given by the Government of India or the
State Government or the Local Self Government Institutions or any other
Institution/Organization;
(c) donations from any individual or any organization in India or
abroad or from any Government agencies in India or abroad or from any
other sources;
(d) application/registration fee or any other fee collected under the
Act, and the Scheme;
(e) amount borrowed by the Board under section 13;
(f) any profit or interest or divided or other returns on any investment
or share made by the Board;
(g) any unclaimed consolidated amount of members under any of the
provisions of this Act or the Scheme, as may be prescribed;
(h) any amount raised by the Board by any other source for
augmenting the resources of the Fund.
(3) The Fund shall vest in and be administered by the Board.
(4) The Fund may be utilized for all or any of the following purposes
namely:-
(a) for the payment of pension to the members and deemed members
who had completed sixty years of age and had remitted contribution for not
less than five years;
(b) for the payment of family pension on the death of a member or a
deemed member who had remitted contribution for not less than five years;
Explanation:- For computing the period of five years, the
contributions given by him as a member and as a deemed member shall be
counted.
(c) for the refund of the amount of contribution remitted by the
members who had become unable to work for more than two years due to
permanent physical disability or died while being a member or had
completed sixty years of age;
(d) for the payment of financial assistance on the death of a member
due to illness or accident;
(e) for the payment of financial assistance for the medical treatment
of the members affected with serious illness;
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(f) for the payment of financial assistance for the marriage of the
women members and daughters of the members and for maternity benefits
to women members;
(g) for giving financial assistance or loans or advances for the
members for the construction of dwelling house or for the purchase of land
or for the purchase of land and building or for the maintenance of house or
for education facilities, including higher education, to the children of
members;
(h) for the payment of self-employment assistance or loans to seek
self employment to the repatriated persons;
(i) for the payment of financial assistance to a member who suffers
from permanent physical disability which incapacitated him to attend any
work for his livelihood;
(j) for investment in any company or firm or co-operative society or
in any other society or institution constituted under the provisions of this
Act; and
(k) for any other purpose specified in the Scheme.
(5) The Scheme framed under sub-section (1) may provide for the
matters specified in sub-section (4) and in the Schedule to this Act.
(6) The Scheme shall be laid as soon as may be, after it is framed,
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 expiry of the session in which it is so laid or the
session immediately following the Legislative Assembly makes any
modification in the Scheme, the Scheme shall thereafter have effect only in
such modified form, so however that any such modification shall be without
prejudice to the validity of anything previously done under the Scheme.
4. Contribution to the Fund. - (1)Every Non -Resident Keralite
(abroad) member continuing in employment abroad shall pay an amount of
rupees three hundred per month and every Non -Resident Keralite (abroad)
member came back from abroad and settled permanently in Kerala shall pay
an amount of rupees hundred per month to the Fund as contribution.
(2) Every Non-Resident Keralite (India) member shall pay an amount
of rupees hundred per month to the Fund as contribution.
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(3) The Government shall pay every year to the Fund by way of grant
an amount equal to two percent of the contribution paid under sub-sections
(1) and (2) above.
(4) Every deemed member shall contribute rupees fifty per month to
the Fund as contribution.
(5) The Government may, by notification in the Gazette, revise the
rates of contribution specified in sub-sections (1), (2) and (4) once in three
years taking into account the amount required for the implementation of the
Scheme.
5. Modification of the Scheme. - (1) The Government may, by
notification in the Gazette modify, add, delete or vary any Scheme framed
under this Act either prospectively or retrospectively.
(2) Every notification under sub-section (1) shall be laid as soon as
may be, after, it is issued before the Legislative Assembly while it is in
session for a total period of 14 days which may be comprised in one session
or in two successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, the Legislative
Assembly agrees in making any modification in the notification or decides
that the notification should not be issued, the notification 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 notification.
6. Membership.- (1) Every Non-Resident Keralite who has completed
18 years of age, but not completed 55 years of age, shall be entitled to
register his name as a member of the Fund.
(2) Every Non-Resident Keralite, who has completed 18 years of age,
but not completed 55 years of age and who has left Kerala for employment
or otherwise and resides for more than six months in any place in India
outside Kerala and continues there, is also entitled to register his name as a
member of the Fund.
(3) Every Non -Resident Keralite (abroad) entitled to register under
sub-section (1) may register his name in the Fund immediately on obtaining
the emigration clearance and before leaving the State in the manner provided
in the Scheme.
(4) Every Non -Resident Keralite (India) entitled to register under
sub-section (2) may, if he wishes to do so, register his name within two
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months on attaining the eligibility for membership in the manner provided in
the Scheme.
(5) Notwithstanding anything contained in sub-sections (3) and (4),
the Non -Resident Keralites who left Kerala prior to the commencement of
this Act and the Scheme there under, shall register their names to the Fund
within such period and in such manner as may be prescribed in the Scheme.
(6) The registration fee in respect of the members shall be rupees two
hundred:
Provided that the Government may, by notification in the official
Gazette, revise the registration fee once in three years.
(7) Every registered member shall remit the contribution under
section 4 within such period and intervals and in such manner as may be
prescribed.
7. Cessation of Membership. - (1) The membership shall cease to
exist in the case of continued default in the remittance of contribution for one
year or more.
(2) If any member commits any offence punishable under this Act or
violates any provision laid down in the Scheme for the payment of
contribution, his membership shall cease forthwith, but the ceased
membership due to the violation of the procedure prescribed for the payment
of contribution may be reinstated on such terms as may be specified in the
Scheme.
(3) If a Non -Resident Keralite (India) returned to Kerala leaving his
employment or residence outside Kerala and resides permanently
within Kerala, his membership shall cease subject to the provisions of sub-
section (4).
(4) A member whose membership has ceased under sub-section (3) is
entitled to continue as a deemed member to the Fund on continuous payment
of contribution to the Fund until the attainment of 60 years of age on such
terms as may be prescribed in the Scheme.
(5) The membership or deemed membership shall cease when a
member or deemed member obtains employment in any Government, quasi-
Government or other institutions in which any rule relating to grant of
pension is applicable and when they become entitled to such pension. Thus
on the cessation of membership, they shall become entitled for the refund of
the amount of contribution hitherto paid by them.
(6) If a member referred to as under sub-section (4) again leaves
Kerala and becomes a Non -Resident Keralite, his membership in the Fund
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shall be reinstated on such terms and conditions as may be specified and he
is liable to contribute to the Fund as a member and is entitled to get all the
benefits of a member.
(7) Any member whose membership has ceased and who does not
come under sub-section (4) shall be eligible for fresh membership on
subsequent attainment of the status of Non-Resident Keralite.
8. Special Aid Fund for the Non -Resident Keralites (abroad). - (1)
Under the provisions of the Act and Scheme framed there under, a Special
Aid Fund may be constituted by receiving donations from any individual or
associations in India or abroad or form Government agencies or Central /
State Governments or from Local Self Government Institutions or from any
other sources to provide medical aid or any other essential aid as may be
specified in the Scheme, to the Non -Resident Keralites (abroad) who have
completed fifty- five years of age as on the date of commencement of this
Act.
(2) The Special Aid Fund shall be vested in the Board and be
administered by the Board.
9. Constitution of the Board. - (1) The Government may, by
notification in the Gazette constitute a Board to be called “the Kerala Non -
Resident Keralites Welfare Board” for the administration of the Fund and for
the supervision and management of the activities financed from the Fund and
for other activities under this act and the scheme.
(2) The Board shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal and shall by the said name
sue and be sued.
(3) The Board shall consist of fifteen Directors nominated by the
Government as hereinafter provided, -
(i) five Directors representing the Non-Resident Keralites (abroad);
(ii) two Directors representing the Non-Resident Keralites (India);
(iii) four officials representing the Government;
(iv) one Director representing the Overseas Development and
Employment Promotion Consultants Limited;
(v) the Chief Executive Officer of the Board;
(vi) one representative from NORKA – ROOTS;
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(vi) one Director nominated by the Government;
(4) One of the Directors of the Board shall be appointed by the
Government to be its Chairman.
(5) The Government shall publish the names of the Chairman and the
Directors of the Board in the gazette.
(6) The Board shall administer the Fund vested in it in such manner
as may be specified in the Scheme.
(7) The Board may, with the previous approval of the Government,
delegate to the Chairman or to any Director or to the Chief Executive
Officer of the Board or to any other officer of the Board, such of its powers
and functions under this Act or the scheme , as it may consider necessary for
the efficient administration of the Fund, subject to such restrictions and
conditions, if any, as it may think fit to impose.
(8) An amount up to five percent of the contribution collected by the
Board every year or the amount as may be fixed by the Government, from
time to time, may be expended towards payment of salary of the officers and
staff of the Board and other office expenses.
10. Term of office of the Directors. - (1) The term of office of the
Director other than an ex-officio Director appointed under sub-section (3) of
section 9 shall be three years.
(2) Notwithstanding anything contained in sub-section (1), the
Government may, at any time, for reasons to be recorded in writing, remove
from his office any director of the Board and such removal shall be made
after giving him a reasonable opportunity of showing cause against the
proposed removal:
Provided that it shall not be necessary to record in writing, the
reasons for removal or to give an opportunity of showing cause against the
proposed removal, if the Government are of the opinion that it is not
expedient in the public interest, to record the reasons in writing or to give
such opportunity.
(3) Any Director may resign his office by giving notice in writing to
the Government but he shall continue in office till the resignation is accepted
by the Government.
11. Removal of non-official Directors. - (1) The Government may, by
notification in the Gazette, remove any non-official Director of the Board
from his office for the following reasons:-
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(a) if he fails to attend the meeting without the permission of the
Board for three consecutive meetings:
Provided that such absence may be condoned for sufficient reasons
by the Board before the publication of the notification in the Gazette.
(b) If in the opinion of the Government, he is ineligible or has
become incapable of acting as a Director or has so abused his position as a
Director as to render his continuous as Director, as such detrimental to public
interest or had lost the Non-Resident status:
Provided that before removing a Director under this sub-section, he
shall be given a reasonable opportunity to show cause why he should not be
removed.
(2) A non-official Director of the Board removed under clause (a) of
sub-section (1) shall be disqualified for renomination as a Director of the
Board for a period of three years from the date of his removal, unless
otherwise ordered by the Government.
(3) A non-official Director of the Board removed under clause (b) of
sub-section (1) shall not be eligible for renomination until he is declared by
an order of the Government to be no longer ineligible.
12. Appointment of Officers and Staff .- (1) The Government may, in
such manner as may be prescribed, appoint a Chief Executive Officer and
such number of other officers and staff as they consider necessary for
assisting the Board to exercise its powers and performing its functions under
this Act and the scheme framed there under.
(2) Subject to the provisions of sub-section (3), the method of
appointment salary and allowances, discipline and other conditions of service
of the Chief Executive Officer and other officers and staff appointed under
sub-section (1) shall be such as may be prescribed by the Government.
(3) In the case of posts in the service under the Board, to which
appointment is made by direct recruitment, the provisions of Parts I and II of
the Kerala Service Rules, 1958 as amended from time to time, shall be
applicable Appointment may be made by Government provisionally on
deputation basis or otherwise when the Board is constituted and starts
functioning.
13. Power of the Board to borrow. - The Board may, from time to
time, with the previous approval of the Government and subject to such
terms and conditions as may be specified by the Government, borrow money
for the purposes of the Scheme.
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14. Promotion of Companies, Co-operative Societies, Societies and
other Institutions by the Board.- The Board may promote public and/or
private limited company under the Companies Act, 1956 ( Central Act 1 of
1956) and or Co-operative Societies under the Co-operative Societies Act,
1969 (Act 21 of 1969), Societies under the Societies Registration Act,
1860 (Central Act 21 of 1860) and/or other institutions with the
investment/share of Non -Resident Keralite members and the Board or the
Government, for such purposes or activities or business and on such terms
and conditions as the Board may, from time to time decide, with the prior
approval of the Government.
15. Board to act as guarantor. - The Board may subject to the
approval of the Government of India or of the State Government act as a
guarantor for the Non -Resident Keralite (abroad) on accepting security
deposit from the Non-Resident Keralite, proceedings on employment on such
terms and conditions as may be prescribed.
16. Determination of the amount due. - (1) The Chief Executive
Officer or any other officer authorized by the Board in this behalf, may after
making such enquiry as may be found necessary and after giving every
person liable to pay contribution under section 4, an opportunity of being
heard, by order, determine the amount of contribution due under the
provisions of this Act or the Scheme.
(2) The Officer conducting the enquiry under sub-section (1), shall,
for the purposes of such enquiry, have the same powers as are vested in a
Civil Court while trying a suit under the Code of civil procedure, 1908
(Central Act 5 of 1908) in respect of the following matters, namely:-
(a) enforce the attendance of any person and examine him on oath;
(b) requiring to find out, and to produce the documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses.
(3) Any enquiry under this section shall come within the meaning of
sections 193 and 228 of Indian Penal Code (Central Act 45 of 1860) and
shall be deemed to be a judicial proceeding coming under the purview of
section 196 of the said Code.
(4) The Government may, by notification in the Gazette, appoint
officers in the Government service not below the rank of Deputy Secretary in
the NORKA department as Appellate Authority for the purpose of the Act.
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(5) Any person aggrieved by an order under sub-section (1) may,
within 60 days from the date of receipt of the order, prefer an appeal before
the Appellate Authority authorised by Government in this behalf and such
officer may, after making such enquiry, pass such orders thereon as he finds
fit.
(6) The Government may, either Suo moto or on application of the
aggrieved person, call for the records of any proceedings of the Officer
authorised by Government under sub-section (4) and make such enquiry, if
found necessary and pass such orders modifying, revising, cancelling the
order of the Appellate Authority or remanding the matter for fresh decision,
as they deem fit:
Provided that, an application for revision under this sub-section shall
be made within 30 days from the date of receipt of the order, by the
applicant:
Provided further that, no order shall be passed under this sub-section,
without giving the person who may be affected, thereby an opportunity of
being heard.
17. Directors of Board etc., to be public servants. - Every Director of
the Board and the Chief Executive Officer and every other officer and
employees of the Board appointed under sub-section (1) of section 12 shall
be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code, 1860 (Central Act 45 of 1860).
18. Penalty.- (1) A person who for the purpose of avoiding any
payment to be made by him under this Act or under the Scheme, or for
enabling any other person to avoid such payment, knowingly makes or
causes to be made any false statement or false representation shall be
punishable with imprisonment for a term which may extend to three months
or with fine which may extend to five thousand rupees or with both.
(2) Every offence punishable under this Act shall be tried in the Court
of Ist Class Judicial magistrate.
(3) No court shall take cognizance of any office punishable under this
Act except on a report in writing of the facts constituting such offence made
with the previous sanction of the Chief Executive Officer.
19. Offences by Companies. - (1) Where an offence under this Act
has been committed by a Company, every person, who at the time when the
offence was committed was in charge of and was responsible to the company
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for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge, or that he had exercised due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent of connivance of or is
attributable to any negligence on the part of any officer of the company, such
officer of the company shall be deemed to be guilty of that offence and shall
be liable to be punished accordingly.
Explanation. - For the purpose of this section.-
(a) “Company” means anybody corporate and includes a firm or Co-
operative Society or other association of individuals;
(b) “Officer of the Company” means the Managing Director or
Director or Secretary or Treasurer or Manager of the company and includes
the office bearers of a firm or Co-operative Society or other association of
individuals;
(c) “Director” means in relation to a firm includes a partner of that
firm.
20. Power to recover damages. - Where any person makes default in
the payment of any contribution to the Fund under this Act or the Scheme,
the Board may recover from him damages for exceeding twenty-five percent
of the amount of arrears as it may think fit, with the preview approval of the
Government.
21. Protection of acts done in good faith. - No suit or other legal
proceeding shall lie against any Director of the Board or any other person in
respect of anything which is done in good faith or intended to be done under
this Act or under the Scheme.
22. Directions by Government. - (1) The Government may, give to
the Board, directions to be followed by the Board.
(2) In the exercise of the power and performance of its functions
under this Act, the Board shall not depart from any directions issued under
sub-section (1).
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23. Power to order Enquiry. - (1) The Government may, at any time,
appoint an officer not below the rank of a Joint Secretary to Government to
enquire into the working of the Board and to submit a report to Government.
(2) The Board shall give the person so appointed, all facilities for the
proper conduct of the enquiry and furnish to him such documents, accounts
and information in the possession of the Board; as he may require.
24. Power to Supersede the Board. - (1) If, on consideration of the
enquiry report under sub-section (1) of section 23 or otherwise, the
Government are of opinion that the Board has persistently made default in
the performance of the duties imposed on it by or under the provisions of this
Act or the Scheme framed thereunder or has exceeded or abused its powers,
the Government may, by notification in the Gazette, supersede the Board for
such period not exceeding six months:
Provided that, before issuing a notification under this sub-section the
Government shall give a reasonable opportunity to the Board to show cause
why it show cause why it should not be superseded and shall consider the
explanations and objections, if any, of the Board.
(2) Upon the publication of a notification under sub-section (1),-
(a) all the Directors of the Board shall,from the date of such
publication be deemed to have vacated their officer as such Directors; and
(b) all the powers and duties which may be exercised or performed by
the Board shall, during the period of supersession, be exercised be performed
by such officer or officers, as may be specified in the notification; and
(c) all funds and other properties vested in the Board shall,during the
period of supersession, vest in the Government.
(3) On the expiration of the period of supersession specified in the
notification issued under sub-section (1) the Government shall reconstitute
the Board in the manner provided under section 9.
25. Audit of accounts of the Board and appointment of Auditors.- (1)
The Board shall appoint auditors to audit the accounts of the Board with the
approval of Government.
(2) The accounts of the Board shall be inspected and audited once in
every year by such auditors.
26. Annual report and audited statement of accounts. - (1) After the
close of the financial year, after approval by the Board, the annual report of
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the Board shall be prepared by the Chief Executive Officer, under the
direction of the Board. A copy of the report together with the audited
statement of a accounts shall be submitted to the Government every year
before the end of December.
(2) The Government shall, as soon as the annual report is received,
together with the audited statement of accounts, be laid before the
Legislative Assembly.
27. Bar of Jurisdiction of Civil court .- No Civil Court shall have
jurisdiction to settle, decide, or deal with any question or to determine any
matter which is by or under this Act, or the Scheme required to be settled,
decided or dealt with or to be determined, by the Government or the Board
or any other officer authorized by the Government or the Chief Executive
Officer or any officer authorized by the Board.
28. Special Provisions for the transfer of accumulations from the
existing Welfare Funds. - The sums standing in the credit of a member in any
existing welfare fund on the date of commencement of this Act shall stand
transferred to and credited to the Fund established under this Act in the
manner prescribed and the liability of such member to pay contribution to
such Welfare Fund shall cease from such date.
29. Removal of difficulties. - (1) Where any difficulty arises in giving
effect to the provisions of this Act, the Government may, as occasion may
require by order, do anything which are considered necessary for them and
not inconsistent with the provisions of this Act or the rules or the Scheme
made thereunder, for the purpose of removing the difficulty.
Provided that no such order shall be passed after the expiry of two
years from the date of commencement of this Act.
(2) Every order passed under sub-section (1) shall be as soon as may
be after they are made be laid before the Legislative Assembly for a period of
not less than fourteen days and shall be subject to such modifications as that
Legislative Assembly may make during the session in which they are so laid
or the session immediately following.
30. Power to make Rules. - (1) The Government may be notification
in the Gazette make rules either prospectively or retrospectively 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 expiry of the session in which it is
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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 from 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.
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THE SCHEDULE
[See sub-section (5) of section 3]
MATTERS FOR WHICH PROVISIONS MAY BE MADE IN THE
SCHEME
1. Registration of Non-Resident Keralites’ in the Fund.
2. The time and manner in which contribution shall be made to the
Fund by Non-Resident Keralites’ and repatriates, the amount of contribution
to be paid under section 4 and the manner in which it may be recovered and
deposited in the Fund.
3. The constitution of any committee for assisting the Board,
headquarters of the Board, Travelling Allowance, Daily Allowance and
Sitting Fee of the Chairperson and the Directors.
4. The manner in which accounts shall be kept, the investment of
moneys belonging to the Fund in accordance with any direction issued or
conditions specified by the Government, the preparation of Budget, the audit
of accounts and the submission of reports to Government etc.
5. The conditions under which withdrawals from the Fund may be
permitted, any deduction or forfeiture may be made and the maximum
amount of such deduction or forfeiture.
6. The form in which a member shall furnish particulars about
himself and his family, whenever required.
7. The nomination of a person to receive any family pension or other
benefit of a member on his death and the procedure for the cancellation or
variation of such nomination.
8. The registers and records to be maintained with respect to
members.
9. The form or design of any identity card for the purpose of
identifying any member of the Fund and for issuance, custody and
replacement thereof.
10. The fees to be levied for any of the purposes specified in the Act.
11. The further powers, if any, which may be exercised by the officers
appointed under this Act.
12. The utilization of Fund for any matter of Welfare of the Non -
Resident Keralites or their dependants.
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13. The manner in which the sums transferred under section 28 are to
be credited to the Fund.
14. The procedure for defraying the expenditure incurred in the
administration of the Fund.
15. The procedure for paying pension, family pension, grants, other
benefits or loans and advances from the Fund.
16. Any other matter which is to be provided for in the Scheme or
which may be necessary or proper for the purpose of implementing the
Scheme.
17. The manner and the procedure for the constitution of Companies,
Societies, Co-operative Societies and other Institutions by the Board for the
benefit of the Non-Resident Keralites.
18. The purpose for which and the manner in which temporary
association of persons may be made.
19. The Constitution of Special Aid Fund, the benefits to be given
from the said Fund, the manner to keep the accounts, administration,
procedures for providing aid from the said Fund.
20. The matters specified in sub-section (4) of section - 3.
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ACT 22 OF 2019
THE NON-RESIDENT KERALITES’ WELFARE
(AMENDMENT) ACT, 2019
An Act further to amend the Non-Resident Welfare Act, 2008.
Preamble - W HEREAS, it is expedient further to amend the
Non-Resident Keralites’
Welfare Act, 2008 (10 of 2009) for the purposes hereinafter
appearing;
BE it enacted in the Seventieth Year of the Republic of India
as follows:-
1. Short title and commencement. - (1) This Act may be
called the Non – Resident Keralites’ Welfare
(Amendment) Act, 2019.
(2) It shall be deemed to have come into force on the
22 nd day of October, 2018.
2. Amendment of section 2.- In section 2 of the Non-
Resident Keralites’ Welfare Act, 2008( 10 of 2009)
( hereinafter referred to as the principal Act),-
(i) after clause (g), the following clause shall be
inserted, namely:-
“(ga) “Dividend” means the share of
profit on the invested amount , given to the investor
by the agency who receives investments as per Non-
Resident Keralites’ Dividend Scheme;”;
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(ii) after clause (m), the following clause shall be
inserted namely:-
“(ma) “ Non - Resident Keralites’ Dividend
Scheme” means the non-resident keralites’
dividend scheme framed as per section 8A of the
Act,”.
3. Insertion of new section 8A .- After section 8 of the
principal Act, the following section shall be inserted,
namely:-
“ 8A. Non- Resident Keralites’ Dividend Scheme .-
The Government may frame a scheme for deposits received
from non-resident keralites’ and for giving a monthly
dividend to the depositor consequent to the utilization of the
same, in the manner determined by the Government, along
with the share of Government. For the implementation of the
scheme so framed and for other welfare activities of non-
resident keralites, the Board may, with the prior approval of
the Government setup institutions as per section 14.”.
4. Amendment of section 14.- In section 14 of the principal
Act, after the words, figures and symbols “ Co-
operative Societies Act, 1969 ( Act 21 of 1969), the
words, figures and symbols “ the societies under the
T ravancore – Cochin Literary, Scientific and Charitable
Societies Registration Act, 1955, ( Act XII of 1955).”
shall be inserted.
5. Repeal and saving.- (1) The Non- Resident Keralites’
Welfare (Amendment) Ordinance , 2019 ( 25 of 2019)
is hereby repealed.
(2) Notwithstanding such repeal, anything
done or deemed to have been done or any action taken
or deemed to have been taken under the principal Act
as amended by the said Ordinance shall be deemed to
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have been done or taken under the principal Act as
amended by this Act.
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