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

[Translation in English of "2015-ലലെ പ്രവവാസസി ഭവാരതതീയർ (കകേരളതീയർ) കേമതീഷൻ ആകക്റ്റ്” 
published under the authority of the Governor.]                        
ACT No. 3 OF 2016
THE NON-RESIDENT INDIANS' (KERALITES) COMMISSION ACT, 2015 *
An Act to constitute 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.
Preamble.—WHEREAS, 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;
BE it enacted in the Sixty-sixth Year of the Republic of India as follows:—
1. Short title and commencement.—(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.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "Chairperson" means the Chairperson of the Commission;
(b) "Commission" means the Non-Resident Indians' (Keralites) Commission constituted
under section 3 and that may be known as NRI (Kerala) Commission;
(c) "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-moto cognizance;
* Received the assent of the Governor on the 27th day of January, 2016 and published in the Kerala Gazette
Extraordinary No. 185 dated 27th January, 2016.
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(d) "Member" means a member of the Commission and includes the Chairperson
and Secretary;
(e) "Non-resident Indians' (Keralites)" means a person of Indian citizen domiciled
in Kerala who is either permanently or temporarily settled outside India for,—
(i) taking up employment outside India; or
(ii) carrying on a business or vocation or for studying outside India; or
(iii)  any  other  purpose,  in  such  circumstances,  as  would  indicate  his
intention to stay outside India for an uncertain period.
(f) “family" means,—
(1) Wife/husband, minor son including adopted children and unmarried
divorced or widowed daughter;
(2) 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; 
(g) "prescribed" means prescribed by rules made under this Act;
(h) "regulations" means the regulations made by the Commission as per sub-
section (8) of section 7 of this Act.
3. Constitution of the Commission .—(1) The Government shall as soon as, may be
after the commencement of this Act, constitute a body to be known as the Non-resident
Indians' (Keralites) Commission to exercise the powers conferred upon and to perform
the functions assigned to it under this Act.
(2) The Commission shall consist of the following members nominated by the
Government, namely:—
(i) A person who is or has been a Judge of the High Court of Kerala, who
shall be the Chairperson of the Commission;
(ii) Two members from Non-resident Indians (Keralites) who are abroad for
not less than five years;
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(iii) Two members from Non-resident Indians' (Keralites) who returned after
being abroad for 5 or more years.
(iv) 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;
(v) A person who has completed the age of  1[sixty eight], shall not be
continued as Chairperson or member.
4.  Term of office and conditions of service of members. —(1) 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 2[re-nomination] for
not more than one term.
(2) 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 3[nominated] shall hold office only for the remaining
period of the term of the person in whose place such person is 4[nominated].
(3) The members other than the Secretary shall be paid with such allowances
or sitting fees for attending the meeting of the Commission, as may be prescribed.
5.  Staff of the Commission .—(1) The Government shall provide the Commission
with such Officers and other employees as may be required for the proper functioning
of the Commission;
(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.
6. Headquarters of the Commission.—The headquarters of the Commission shall be
at Thiruvananthapuram.
1. Substituted by Act 9 of 2023. (w.e.f. 07.01.2023)
2. Substituted by Act 9 of 2023. (w.e.f. 07.01.2023)
3. Substituted by Act 9 of 2023. (w.e.f. 07.01.2023)
4. Substituted by Act 9 of 2023. (w.e.f. 07.01.2023)
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7.  Sittings  of  the  Commission .—(1)  The  Commission  shall  hold  its  sittings
ordinarily at Thiruvananthapuram at such time as the Chairperson may think fit. It may
also hold its sittings at any other place within the State, if necessary.
(2) 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 preside over the meeting.
(3) The quorum for a meeting of the Commission shall be three.
(4) The Commission shall meet at least once in two months.
(5) All questions at a meeting of the Commission shall be decided upon by the
majority of the votes of the members present and voting and in the case of equality of
votes, the Chairperson or the member presiding over the meeting, shall have a right for
a casting vote.
(6) The Commission, for 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.
(7) 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.
(8) The Commission shall with the previous approval of Government make
regulations for regulating its procedure and the disposal of its business and such
regulations shall, after they are made, be published in the Gazette.
8. Removal of members from Commission.—The Government may, by order, remove
the Chairperson or any member if he,—
(a) is adjudged as undischarged insolvent; or
(b) has been convicted of an offence which in the opinion of the Government
involves moral turpitude; or
(c) is of unsound mind and stands so declared by a competent Court; or
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(d) without obtaining permission from the Commission, has been absent from
three consecutive meetings of the Commission; or
(e) 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. Functions of the Commission.—(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
Non-Resident Indians' (Keralites) and to perform such other functions as the Government
may assign to it, from time to time.
(2) The Commission may in furtherance of its object, perform the following
functions, namely:—
(a) help the Non-Resident Indians' (Keralites) and their family in protecting
their rights, particularly in the issues of life and property in the State of Kerala;
(b) pursue the interests of the Non-Resident Indians' (Keralites) with the
State and Central Government;
(c) Help to Safeguard the investment in all forms of Non-Resident Indians'
(Keralites) in Kerala;
(d) Facilitate Social Service Organisations for the Non-Resident Indians'
(Keralites) and their spouses and parents living in Kerala for community life and health
care; 
(e) 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;
(f) Report to Government the inadequacies or shortcomings in the existing
laws in force which affect the Indian Constitutional right to equality and fair treatment
of Non-Resident Indians' (Keralites) and also on the remedial Legislative measures to be
taken to meet the situation;
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(g) To enquire into the unfair practices of recruitment agencies and to
ensure that the interests of the Non-Resident Indians' (Keralites) are protected;
(h) 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, 1955
(Central Act 57 of 1955) and family members and to facilitate the social service
organizations for the health care of their family members in Kerala;
(i) to suggest suitable measures to be adopted in the issues of Non-Resident
Indians' (Keralites).
10.  Powers of the Commission. —(1) The Commission shall, while performing its
functions under section 9, have all the 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) summoning and enforcing the attendance of any witness and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copy thereof from any public office;
(e) appointing commissions for the examination of witnesses and documents;
and
(f) any other matter which may be prescribed.
(2) 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, 1860
(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, 1973 (Central Act 2 of 1974).
(3) The Commission shall, while conducting enquiry under section 9, shall
afford opportunity to all parties to present their views by themselves or by their
authorized representatives.
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(4) The findings of the Commission on any enquiry conducted under this Act
shall be communicated to the Government with its recommendations for appropriate
action or relief to the parties to the dispute.
11. Inquiry into unfair practices.—(1) The Commission shall inquire into any unfair
practice 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
(b) 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.
(3) 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.
(4) 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 utilize the services of certain officers and
investigating  officer  for  investigation .—The  Commission  may  conduct  inquiry  or
investigation into matters falling within its authority,—
(a) either directly; or
(b) through an investigating officer appointed by the Commission; or
(c) through the Government Departments or Agencies.
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13.  Chairpersons,  Members,  Secretary,  Officers  and  other  Employees  of  the
Commission to be public 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 barred .—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.
16. Protection of action taken in good faith .—No suit, prosecution or other legal
proceedings shall lie against the Commission, Chairperson, or any member or Secretary
or any officer or any other employee 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.
17. Grants by 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).
 18. 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.
(2) 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.
(3) 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
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of books, accounts, connected vouchers, other documents and papers and to inspect the
office of the Commission.
(4) 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.
19. Annual Report of the Commission .—(1) The Commission shall as soon as may
be after the end of each financial year, prepare in such form and at such time, for
each financial year as may be prescribed, its annual report giving a full account of its
activities and programs undertaken during 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.
20. Power to 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 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
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.
21. Power to remove difficulties .—(1) If any difficulty arises in giving effect to
the provisions of this Act, the Government may by order published in he 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 expiry of a period of two
years from the date of commencement of this Act.
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(2) Every order made under this section shall, as soon as may be after it is
made, be laid before the Legislative Assembly.

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