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) 2025 THE PUNJAB STATE COMMISSION FOR NON-RESIDENT INDIANS ACT, 2011 Section CONTENTS 1. Short title and commencement 2. Definitions 3. Constitution of the Commission 4. Headquarter of the Commission 5. Appointment of Chairperson and other Members of the Commission 6. Term of office of Chairperson and Members 7. Resignation and removal of Chairperson or Member 8. Member to act as Chairperson or to discharge his functions in certain circumstances 9. Terms and conditions of service of Chairperson and Members 10. Officers and other staff of Commission 11. Vacancies etc. not to invalidate proceedings of the Commission 12. Powers and functions of the Commission 13. Government to consult the Commission 14. Power of the Commission to utilize the services of certain officers and investigating agencies for conducting investigation 15. Statement made bypersons to the Commission 16. Protection of acts done in good faith 17. Grants by the State Government 18. Accounts and Audit 19. Annual Report 20. Annual Report and Audit report to be laid before the State Legislature 21. Chairperson, Members and staff of the Commission to be public servants 22. Penalty 23. Cognizance of the offences 24. Power to make rules 25. Power to remove difficulties THE PUNJAB STATE COMMISSION FOR NON-RESIDENT INDIANS ACT, 2011 (Punjab Act No. 33 of 2011) [Received the assent of the Governor of Punjab on the 21st November, 2011, and was first published for general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, dated the 29th November, 2011.] 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by the legislation 2011 33 The Punjab Amended by Punjab State Act No. 30 of 2015 Commission for Non-Resident Indians Act, 2011 An Act to provide for the Constitution of a Commission for Non‑resident Indians with a view to protecting and safeguarding the interests of theNon‑resident Indians in the State of Punjab, and to recommend remedial measures for their welfare and for the matters connected therewithor incidental thereto. B it enacted by the Legislature of the State of Punjab in the E Sixty-second Year of the Republic of India, as follows: - 1. (1) This Act may be called the Punjab State Commission Short title and commencement. 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. 2. In this Act, unless the context otherwise requires, - Definitions. (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. 1[(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. 3. (1) The Government shall, by notification, constitute a Constitution of the body tobe known as the Punjab State Commission for Non-resident Commission. Indians toexercise the powers conferred upon and perform the functions assigned to itunder this Act. (2) The Commission shall consist of- (a) a Chairperson, who shall be a retired judge of the HighCourt; (b) one Member who is, or has been an IAS Officer, not belowthe rank of Principal Secretary or Financial Commissionerto be appointed by the Government; (c) one Member who is, or has been an IPS Officer, not belowtherank of Additional Director General of Police to beappointed by the Government; (d) two members shall be nominated by the Governmentfromamongst the persons having knowledge of, orpracticalexperience in matters 1 Substituted by Punjab Act No.30 of 2015, Section 2 and issues relating to Non-residentIndians; 1[**] 2[(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 Commissionand shall exercise such powers and discharge such functions of the Commission as it may delegate to him. 4. The Headquarters of the Commission shall be located at Headquarter of the Commission. Chandigarh. Appointment of 5. The Chairperson and other Members shall be appointed by Chairperson and other the Government. Members of the Commission. Term of office of 3[6. (1) The Chairperson and Members, excluding the Chairperson and Honorary Member(s), shall hold office for a term of three years Members. 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. 1 Omitted by Punjab Act No.30 of 2015, Section 3 2 Inserted by Punjab Act No.30 of 2015, Section 3 3Substituted by Punjab Act No.30 of 2015, Section 4 (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.] 7. (1) The Chairperson or Member may, by way of notice in Resignation and removal of writingunder his hand addressed to the Government, resign his Chairperson or office. Member. (2) Notwithstanding anything contained in sub-section (1), theGovernment may by order remove from the office of the Chairperson or anyother Member, as the case may be, if he- (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employmentoutside the duties of his office; or (c) is unfit to continue in office by reason of infirmity of mind orbody; or (d) is of unsound mind and stands so declared by a competentcourt; or (e) is convicted and sentenced toimprisonment for an offencewhich in the opinion of the Government, involves moralturpitude. 8. (1) In the event of the occurrence of any vacancy in the Member to act as office ofthe Chairperson by reason of his death, resignation or Chairperson or to discharge his otherwise, the Governmentmay, by notification, authorize one functions in certain ofthe Members to act as the Chairpersonuntil the appointmentof a circumstances. new Chairperson. 1[(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.] 9. The salaries and allowances payable to, and other terms and Terms and conditions of conditions of service of, the Chairperson and Members shall be service of such, as maybe prescribed: Chairperson and Members. 1Substituted by Punjab Act No.30 of 2015, Section 5 Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or Member shall be varied to hisdisadvantage after his appointment: 1[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.] Officers and other 10. (1) The Government shall make available to the staff of Commission anofficer ofPCS (Executive) cadre, who shall be the Commission. Secretary of the Commission. (2) Subject to such rules as may be made by the Government in thisbehalf, the Commission may appoint such other administrative and technicalstaff, as it may consider necessary. (3) The salaries, allowances and conditions of service of the officersand other staff appointed under sub-section (2), shall be such as may beprescribed. 11. No act or proceeding of the Commission shall be questioned Vacancies etc. not to orshall be invalid merely on the ground of existence of any invalidate proceedings of the vacancy in, or defectin the constitution of the Commission or any Commission. defect in the appointment of aperson acting as Chairperson or a member or any irregularity in the procedureof the Commission, including issuing of notice for holding of a meeting, notaffecting merits of the matter. 12. (1) TheCommission shall, while investigating any matter Powers and functions of the underthis Act, have all the powers of a civil court trying a suit and, Commission. in particular, inrespect of the following matters, namely: - (a) summoning and enforcing the attendance of any person andexamining 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 courtor office; (e) issuing commissions for the examination of witnesses anddocuments; and (f) any other matter which may be prescribed. 1Added by Punjab Act No.30 of 2015, Section 6 (2) TheCommission 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 shallfunction in accordance with the rules framed under this Act. 13. The Government shall consult the Commission on all major Government to consult the policy matters affecting Non-resident Indians. Commission. 14. The Commission may conduct inquiry or investigation into Power of the Commission to thematters falling within its authority: - utilize the services (a) either directly; or of certain officers and investigating (b) through an investigating team constituted by the agencies for Commission; conducting or investigation. (c) through the Deputy Commissionerofthe district concerned; or (d) through the Government: 1[Provided that no Honorary Member shall be associated by the Commission in conduct of inquiry or investigation into the matters falling within its authority.] 15. No statement made by a person in the course of giving Statement made by persons to the evidencebefore the Commission, shall be used against him in any Commission. civil or criminalproceedings, 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. 16. No suit, prosecution or other legal proceedings shall lie Protection of acts done in good faith. againstany Member or any officer or other employee of the Commission or any personacting under the direction either of the Government or of the Commission, inrespect of anything, which is 1Added by Punjab Act No.30 of 2015, Section 7 in good faith done or intended to be done inpursuance of this Act or, any rule or order made there under. 17. (1) The State Government shall, after due appropriation Grants by the State Government. made bythe State Legislature by law in this behalf, pay to the Commission by way ofgrants from the Consolidated Fund of the State, such sums of money, as theState Governmentmay consider appropriate for being utilized for the purposesof this Act. (2)The Commission may utilize such sums of money as it considersappropriate for performing the functions under this Act and such sums ofmoney shall be treated as expenditure payable out ofthe grants referred to insub-section (1). 18. (1) The Commission shall maintain proper accounts and Accounts and Audit. otherrelevant record and prepare annual statement of accounts in such form, asmay be prescribed. (2) The accounts of the Commission shall be audited by the LocalFunds Examiner, Punjab, within three months after the close of each-financialyear and any expenditure in connection with such audit, shall be payable by theCommission to the Local Funds Examiner, Punjab. (3) The accounts of the Commission, as certified by the Local FundExaminer, Punjab, together with the audit report thereon, shall be forwardedannually to the Government by the Commission. 19. The Commission shall prepare, in such form and at such Annual Report. time, for each financial year, as may be prescribed, its annual report, giving a fullaccount of its activities during the previous financial year and forward a copythereof to the Government. 20. The Government shall cause the annual report togetherwith a Annual Report and Audit report to be memorandum of action taken on the recommendations laid before the containedtherein, in sofar as they relate to the Government and the State Legislature. reasons for the non-acceptance,if any, of any of such recommendations, and the audit report, to be laid, as soonas may be, after the reports, are received, before the State Legislature. 1[21. The Chairperson, Members, other than Honorary Chairperson, Members and staff of Member(s), officers and other employees of the Commission shall the Commission to be public servants. 1Substituted by Punjab Act No.30 of 2015, Section 8 be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.] 22. Whoever being legally bound to obey any order of the Penalty. Commissionunder section 12 or theorder of an officer or investigating agency referred toin 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 180of the Indian Penal Code, as the case may be. 1[23. No court shall take cognizance of any offence specified in Cognizance of the offence. section 22, except on a complaint in writing of the Chairperson or an officer, authorized by the Chairperson in this behalf.] 24. (1) The Government may, by notification in the Official Power to make Gazette,make rules for carrying out the purposes of this Act. rules. (2) Every rule made under this section, shall be laid, assoon asmaybe, after it is made, before the House of the State Legislature while it is insession for a total period often days, which may be comprised in one sessionor in two or more successive sessions and if, before the expiry of the session inwhich it is so laid or the successive sessions as aforesaid, the House agrees inmaking 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 orbe of no effect, as the case may be, howeverany such modification or annulmentshall be without prejudice to the validity of anything previously done or omittedto be done under that rule. 25. If any difficulty arises in giving effect to the provisions of Power to remove difficulties. this Act, the Government may, by order, make such provision including an adoptionor modification of any provision of this Act, as appears to the Government tobe necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a periodof six months from the date of the commencement of this Act. 1Substituted by Punjab Act No.30 of 2015, Section 9