The Punjab State Commission for Non Resident Indians Act 2011

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS

THE PUNJAB STATE COMMISSION FOR NON-RESIDENT INDIANS ACT, 2011

(PUNJAB ACT 33 OF 2011) (As amended upto the 15th June, 2025)

THE PUNJAB STATE COMMISSION FOR NON-RESIDENT INDIANS ACT, 2011

Section CONTENTS

(1) This Act may be called the Punjab State Commission for Non-resident Indians Act, 2011. (2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

In this Act, unless the context otherwise requires, - (a) “Chairperson” means the Chairperson of the Commission; (b) “Commission” means the Punjab State Commission for Non-Resident Indians constituted under section 3; (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 or by telegram or by fax or by any other means whatsoever, alleging, disputes or violations or abetment thereof or negligence in the prevention of such dispute or violation, by a public servant or a private person or providing material on the basis of which the Commission takes suo-motu cognizance; (d) “Government” means the Government of State of Punjab in the Department of Non-Resident Indians Affairs. (e) “Member” means a Member of the Commission and includes the Honorary Member, the Chairperson and the Secretary; (f) “Non-resident Indian” means a person of Indian origin, who is either permanently or temporarily settled outside India, in either case- (i) for or on taking up employment outside India; or (ii) for carrying on a business or vocation outside India; or (iii) for any other purpose, in such circumstances, as would indicate his intention to stay outside India for an uncertain period; and (g) “prescribed” means prescribed by rules made under this Act.

(1) The Government shall, by notification, constitute a body to be known as the Punjab State Commission for Non-resident Indians to exercise the powers conferred upon and perform the functions assigned to it under this Act. (2) The Commission shall consist of- (a) a Chairperson, who shall be a retired judge of the High Court; (b) one Member who is, or has been an IAS Officer, not below the rank of Principal Secretary or Financial Commissioner to be appointed by the Government; (c) one Member who is, or has been an IPS Officer, not below the rank of Additional Director General of Police to be appointed by the Government; (d) two members shall be nominated by the Government from amongst the persons having knowledge of, or practical experience in matters and issues relating to Non-resident Indians; (dd) minimum one Honorary Member and maximum two Honorary Members, who may be nominated by the Government from amongst the persons of Indian origin, who are permanently settled abroad and have acquired the citizenship of any other country, other than India, and who are holders of Persons of Indian Origin card or Overseas Citizen of India card issued by the Government of India and have knowledge of difficulties of Non-resident Indians and matters relating to them which need resolution in India; and (e) there shall be a Secretary (ex-cadre from PCS Executive), who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission as it may delegate to him.

The Headquarters of the Commission shall be located at Chandigarh.

The Chairperson and other Members shall be appointed by the Government.

(1) The Chairperson and Members, excluding the Honorary Member(s), shall hold office for a term of three years from the date on which they enter upon their office or until they attain the age of seventy years, whichever is earlier: Provided that the Government may extend the term of office of the Chairperson or the Members, excluding the Honorary Member(s), for a further period of two years, but the term shall not be extended beyond a period of five years. (2) The Honorary Member(s) shall hold office for a term of one year from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: Provided that the Government may extend the term of office of Honorary Member(s) for further period of two years.

(1) The Chairperson or Member may, by way of notice in writing under his hand addressed to the Government, resign his office. (2) Notwithstanding anything contained in sub-section (1), the Government may by order remove from the office of the Chairperson or any other Member, as the case may be, if he- (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or (e) is convicted and sentenced to imprisonment for an offence which in the opinion of the Government, involves moral turpitude.

(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Government may, by notification, authorize one of the Members to act as the Chairperson until the appointment of a new Chairperson. (2) When the Chairperson is unable to discharge his functions owing to absence or leave or otherwise, such one of the Members, who is not a Honorary Member, as the Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall be such, as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or Member shall be varied to his disadvantage after his appointment: Provided further that the Honorary Member shall not be paid any salary or allowances and his terms and conditions of services shall be such, as may be prescribed.

(1) The Government shall make available to the Commission an officer of PCS (Executive) cadre, who shall be the Secretary of the Commission. (2) Subject to such rules as may be made by the Government in this behalf, the Commission may appoint such other administrative and technical staff, as it may consider necessary. (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2), shall be such as may be prescribed.

No act or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of existence of any vacancy in, or defect in the constitution of the Commission or any defect in the appointment of a person acting as Chairperson or a member or any irregularity in the procedure of the Commission, including issuing of notice for holding of a meeting, not affecting merits of the matter.

(1) The Commission shall, while investigating any matter under this Act, have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely: - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) The Commission shall perform its functions by holding "sittings" and "meetings" at any place within the State of Punjab. (3) The Members of the Commission including the Chairperson shall function in accordance with the rules framed under this Act.

The Government shall consult the Commission on all major policy matters affecting Non-resident Indians.

The Commission may conduct inquiry or investigation into the matters falling within its authority: - (a) either directly; or (b) through an investigating team constituted by the Commission; or (c) through the Deputy Commissioner of the district concerned; or (d) through the Government: Provided that no Honorary Member shall be associated by the Commission in conduct of inquiry or investigation into the matters falling within its authority.

No statement made by a person in the course of giving evidence before the Commission, shall be used against him in any civil or criminal proceedings, except for prosecuting him for giving false evidence: Provided that the statement, - (a) is made in reply to a question, which is required by the Commission to answer, or (b) is relevant to the subject matter of the inquiry.

No suit, prosecution or other legal proceedings shall lie against any Member or any officer or other employee of the Commission or any person acting under the direction either of the Government or of the Commission, in respect of anything, which is in good faith done or intended to be done in pursuance of this Act or, any rule or order made there under.

(1) The State Government shall, after due appropriation made by the State 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 the State Government may consider appropriate for being utilized for the purposes of this Act. (2) The Commission may utilize such sums of money as it 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).

(1) The Commission shall maintain proper accounts and other relevant record and prepare annual statement of accounts in such form, as may be prescribed. (2) The accounts of the Commission shall be audited by the Local Funds Examiner, Punjab, within three months after the close of each financial year and any expenditure in connection with such audit, shall be payable by the Commission to the Local Funds Examiner, Punjab. (3) The accounts of the Commission, as certified by the Local Fund Examiner, Punjab, together with the audit report thereon, shall be forwarded annually to the Government by the Commission.

The Commission shall 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 during the previous financial year and forward a copy thereof to the Government.

The Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Government and the reasons for the non-acceptance, if any, of any of such recommendations, and the audit report, to be laid, as soon as may be, after the reports, are received, before the State Legislature.

The Chairperson, Members, other than Honorary Member(s), 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.

Whoever being legally bound to obey any order of the Commission under section 12 or the order of an officer or investigating agency referred to in section 14, intentionally omits to do so or furnishes false information, shall, on conviction, be punished under sections 174, 175, 176, 177, 178, 179 and 180 of the Indian Penal Code, as the case may be.

No court shall take cognizance of any offence specified in section 22, except on a complaint in writing of the Chairperson or an officer, authorized by the Chairperson in this behalf.

(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this section, shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rule or the House agrees 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, however any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make such provision including an adoption or modification of any provision of this Act, as appears to the Government to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of six months from the date of the commencement of this Act.