No: 4 Dated: Mar, 02 2011

Tamil Nadu Non-Resident Tamil's Welfare Act, 2011

(Act No. 4 of 2011)

    An Act to provide for the constitution of a Welfare Fund to grant relief to ensure the welfare of and to pay pension and other benefits to the Non-Resident Tamils and to promote companies or co-operative societies or societies or other institutions of Non-Resident Tamils for their welfare.

    Whereas, it is expedient to provide for the constitution of a Welfare Fund to grant relief, to ensure the welfare of and to pay pension and other benefits to the Non-Resident Tamils and to promote companies or co-operative societies or societies or other institutions of the Non-Resident Tamils for their welfare.

    Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-second Year of the Republic of India as follows : -

1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Non-Resident Tamils Welfare Act, 2011.

(2) It shall come into force on such date as the State Government may,by notification, appoint.

2. Definitions. - In this Act, unless the context otherwise requires, -

(a) "Board" means the Board established under section 10;

(b) "company" means a company registered under the Companies Act, 1956;

(c) "contribution" means the sum of money payable to the Fund under section 5;

(d) "co-operative society" means a co-operative society registered under the Tamil Nadu Co-operative Societies Act, 1983;

(e) "deemed member" means a Non-Resident Tamilian (abroad) or Non-Resident Tamilian (India), whose membership has ceased owing to his return to Tamil Nadu but who is paying the contribution continuously to the Fund under the proviso to sub-section (6) of section 5;

(f) "dependent" means the family member of a member of the Fund and in the absence of a family, unmarried and unemployed brother and sister or widowed sister of the member;

(g) "director" means the director of the Board;

(h) "family" means, -

(i) wife, in the case of a male person or husband, in the case of a female person;

(ii) son, who has not attained the age of twenty one years and unmarried or widowed daughter including such son or daughter adopted legally;

(iii) father, mother, unmarried sister and minor brother, who are solely dependent on the member and in the absence of such dependents, major son and married daughter;

(i) "Fund" means the "Tamil Nadu Non-Resident Tamil's Welfare Fund" constituted under section 5;

(j) "Government" means the State Government;

(k) "Managing Director" means the Managing Director of the Board;

(l) "member" means a member of the Fund;

(m) "Non-Resident Tamilian (abroad)" means a Tamilian holding a Indian passport and is employed or residing abroad for livelihood with the Visa of the foreign country;

(n) "Non-Resident Tamilian (India)" means a Tamilian who is employed or residing in India outside the State but does not include employees of the Central Government, State Government, Local Self Government or Public Sector Undertakings of both the Central and State Governments or Autonomous Institution;

(o) "prescribed" means prescribed by the rules made under this Act;

(p) "Scheme" means the Non-Resident Tamil's Welfare Scheme made by the Government under section 3;

(q) "Special Aid Fund" means the Special Aid Fund constituted under section 9;

(r) "State" means the State of Tamil Nadu;

(s) "Tamilian " means a person born or domiciled in the State;

Explanation. - For the purposes of this Act, a person domiciled in the State means that any person born outside the State but resides in the State continuously for a period of not less than three years.

3. Scheme. - (1) The Government may, by notification, by means of a Scheme provide for the registration of members and make provisions for the purpose of ensuring social security and welfare of the Non-Resident Tamils (abroad) and Non-Resident Tamils (India).

(2) The Scheme made under sub-section (1) may provide for the matters specified in the Schedule to this Act.

(3) The Government may, in consultation with the Board, by notification, add to, amend or vary all or any of the provisions of the aforesaid Scheme or substitute another Scheme for any Scheme made by it.

4. Disputes regarding application of the Scheme. - If any question arises whether any Scheme applies to a Non-Resident Tamilian (abroad) or Non-Resident Tamilian (India), the matter shall be referred to such authority as may be prescribed in this behalf, whose decision shall be final.