Punjab act 033 of 2011 : The Punjab State Commission for Non Resident Indians Act 2011

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PUNJAB GOVT GAZ. (EXTRA.), NOY. 29, 2011

(AGHN 8, 1933 SAKA)

PART I

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

Notification

The 29th November, 2011

No. 46-Leg./2011.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 21st November, 2011, is hereby published for general information :-

THE PUNJAB STATE COMMISSION FOR NON-RESIDENT

INDIANS ACT, 2011 .

(punjab Act No. 33 of 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 the Non-resident Indians in the State of Punjab, and to recommend remedial measures for their welfare and for the matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Punjab in the Sixty- second Year of the Republic ofIndia, as follows :-

1. (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.

2. 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 fa.xQC 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;

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Short title and commencement. Definitions.

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PUNJAB GOVT GAZ. (EXTRA.), NOY. 29, 2011

(AGHN 8, 1933 SAKA)

4. The Headquarters of the Commission shall be located at Chandigarh.

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

6. The Chairperson and 'Members shall hold "office for a term of .three years from the date on whichthey 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 for a further period of two years, but, the term shall not be extended beyond a period of five years.

7. (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 Of 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.

8~ (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.

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Headquarter of the Commission. Appointment of Chairperson and other

Members of the Commission. Term of office of Chairperson and Members. Resignation and removal of Chairperson or Member.

Member to act as Chairperson or to discharge his functions in certain

circumstances.

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PUNJAB GOVT GAZ. (EXTRA.), Nay. 29, 2011 JOt

-,c' (AGHN 8, 1933 SAKA)

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(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(j) 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 Chiarperson shall function in accordance with the niles framed under this Act.

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

14. 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 Commissionerofthe district concerned; or

(d) through the Government.

, 15. 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.

16. 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 ofthe Commission, in respect of anything, which isingood faith done or intended to be done in pursuance of this Act or, any rule or order made there under. Government

to consult the'

Commission,

Power of the

Commission

to utilize the

services of

certain officers

and investigating

agencies for

conducting

investigation,

Statement

made by

persons

to the

Commission.

Protection of

acts done in

good faith.

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Grants ,by the State Government. Accounts and Audit.

Annual

Report.

Annual Report and Audit report to be laid before the State Legislature. Chairperson, Members and staff of the Commission to be public servants. Penalty.

102 PUNJAB GOVT GAZ. (EXTRA), NOV. 29, 2011

.(AGHN 8,1933 SAKA) r-

17. (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).

18. (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, togetherwith the audit report thereon, shall be forwarded annually to the Government by the Commission.

19. 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.

20. The Government shall cause the annual report togetherwith 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.

21. The Chairperson, Members, 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.

22. 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.

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PUNJAB GOVT GAZ. (EXTRA.), NOV29, 2011

(AGHN 8,1933 SAKA)

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

24. (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 often 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.

25. 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. GOBINDER SfNGH,

Secretary to Government of Punjab,

Department of Legal and Legislative Affairs. Cognizance

of the

offences.

Power to'

make rules. ,

Power to

remove

difficulties.

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