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Section 2: Definitions

The Non-Resident Keralites' Welfare Act 2008State Act of Kerala · Act 10 of 2009

(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;

* Received the assent of the Governor on the 12th day of January, 2009 and published in the Kerala Gazette extraordinary No. 75 dated 12th January, 2009.

(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 sumto 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 Inserted by Act 22 of 2019 and Substituted by Act 30 of 2024 (w.e.f 19-11-2024).

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.

Where this provision sits

ActThe Non-Resident Keralites' Welfare Act 2008
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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