The Non-Resident Keralites' Welfare Act 2008

1. (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.

1. (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; (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 sum to 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[(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.

1. (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; (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.

1. (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.

1. (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.

1. (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. (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. (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. (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. (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. (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. (7) Every registered member shall remit the contribution under section 4 within such period and intervals and in such manner as may be prescribed.

1. (1) The membership shall cease to exist in the case of continued default in the remittance of contribution for one year or more.
2. (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. (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. (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. (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. (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. (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.

1. (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. (2) The Special Aid Fund shall be vested in the Board and be administered by the Board.

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.

Constitution of the Board

1. (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. (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);
   • (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]
3. (6) The Board shall administer the Fund vested in it in such manner as may be specified in the Scheme.
4. (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.
5. (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.