LexThe Non-Resident Keralites' Welfare Act 2008
Kerala · state statute
Open in Lexace · Ask the AI about this act[Translation in English of “2008 ലലെ പ്രവവാസസി കകേരളളീയരുലടെ കക്ഷേമ ആകക്റ്റ് published
under the authority of the Governor]
ACT 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 the 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 purposes mentioned in section 14 of the Act;
(d) “Constitution” means the sum of money payable to the Fund under section
4 of the Act;
(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;
* Received the assent of the Governor on the 12th day of January, 2009 and published in the Kerala Gazette
extraordinary No. 75 dated 12th January, 2009.
(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;
1[(ga) “Dividend” means the sum allotted to the Board on the deposit
transferred to the agencies specified by the Government as per the Non-Resident
Keralites’ Dividend Scheme for providing an assured sumto the members or
beneficiaries of the said Scheme which the said agencies shall give to the Board
together with the Government share;]
(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)], 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 authorised by the Government in
this behalf whose decision thereon shall be final;
1 Inserted by Act 22 of 2019 and Substituted by Act 30 of 2024 (w.e.f 19-11-2024).
1[(ma) “ Non - Resident Keralites’ Dividend Scheme” means the non-resident
keralites’ dividend scheme framed as per section 8A of the Act;]
(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 Keralites 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;
(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;
1 Inserted by Act 22 of 2019 (w.e.f 22-10-2018).
(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;
(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.
(3) The Government shall pay every year to the Fund by way of grant an
amount equal to two per cent 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.
2. 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 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 thereunder, 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 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 thereunder, a Special Aid Fund may be
constituted by receiving donations from any individual or associations in India or
abroad or from 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.
1[8A. Non- Resident Keralites’ Dividend Scheme. —2[(1)]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, alongwith 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.]
3[(2) The Government may, by notification in the Gazette, make any
addition, amendment, omission or variation in the Scheme framed under sub-section
(1), either prospectively or retrospectively.]
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.
4[(3)The Board shall consist of fifteen Directors nominated by the Government,
by notification in the Gazette, as hereinafter provided, namely:—
(i) Five Directors representing the Non-Resident Keralites (abroad);
1 Inserted by Act 22 of 2019 (w.e.f 22-10-2018).
2 Numbered by Act 30 of 2024 ( w.e.f.19-11-2024).
3 Inserted by Act 30 of 2024 ( w.e.f.19-11-2024).
4 Substituted by Act 30 of 2024 ( w.e.f.19-11-2024).
(ii) two Directors representing the Non-Resident Keralites (India);
(iii) four officers representing the Government (ex-officio);
(iv) one Director representing the Overseas Development and Employment
Promotion Consultants Limited (ex-officio);
(v) the Chief Executive Officer of the Board (ex-officio);
(vi) one representative from the NORKA- ROOTS (ex-officio);
(vii) one Director nominated by the Government.]
1[(4) The Government shall appoint one of the Directors of the Board representing
Non-Resident Keralites (abroad) as its Chairman.]
2 [(5) xxxx]
(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 per cent 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 3[from the date of notification in the Gazette.]
(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.
1 Substituted by Act 30 of 2024 ( w.e.f.19-11-2024).
2 Omitted by Act 30 of 2024 ( w.e.f.19-11-2024).
3 Added by Act 30 of 2024 ( w.e.f.19-11-2024).
1[(4) A casual vacancy occurred due to death, resignation, removal or
otherwise of a nominated Director shall be filled as soon as possible by the
Government and the person so nominated shall be entitled to hold office only for the
remaining term of office of the person, in whose place he is nominated.]
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:—
(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 continuans 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
thereunder.
(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.
1 Inserted by Act 30 of 2024 ( w.e.f.19-11-2024).
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.
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), 1[the
societies under the Travancore - Cochin Literary, Scientific and Charitable Societies
Registration Act, 1955, ( Act XII of 1955),] 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, proceeding 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.
(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
1 Inserted by Act 22 of 2019 (w.e.f 22-10-2018).
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 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 any body 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 per cent of the amount of
arrears, as it may think fit, with the previous 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).
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
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 offices 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 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 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 the 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 by 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 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.
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.
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.