Bare Act
The Arunachal Pradesh Arun Parivar Patra Authority Act, 2025
0. Preamble
Hi Bi GED we EXTRAORDINARY PUBLISHED BY AUTHORITY No. 115, Vol. XXXIi, Naharlagun, Monday, April 7, 2025, Chaitra 17, 1947 (Saka) _ GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR NOTIFICATION The 7th April, 2025 No. Law/Legn-3/2025.—The following Act of the Arunachal Pradesh Legislative Assembly which was passed in the Fourth Session of the Eighth Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby published for general information. (Received the assent of the Governor on 4th April, 2025) THE ARUNACHAL PRADESH ARUN PARIVAR PATRA AUTHORITY ACT, 2025 (Act No. 6 of 2025) An Act to provide for, as a measure for good governance, efficient, transparent and targeted delivery of public welfare benefits and services to the individual residing in the State of Arunachal Pradesh, the expenditure for which is incurred from the Consolidated Fund of the State, using Arun Parivar Patra ID as identifier; constitution of Arunachal Pradesh Arun Parivar Patra Autherity and for matters connected therewith or incidental thereto. Be it enacted by the Arunachal Pradesh State Legislature in the Seventy-Sixth Year of the Republic of india, as follows: CHAPTER -1 Preliminary
1. Short title, extent and commencement
(1) This Act may be called theArunachal Pradesh Arun Parivar Patra AuthorityAct, 2025. (2) lt shall extend to thewholeof the State ofArunachal Pradesh. (3) lt shall come into force on the date of its public€tion in the Official Gazette.
2. Oefinitions
('l ) ln this Act, unless the contelit otheMise requires : (a) "Aadhaar number" means an identification number isSued to an individual under sub-section(3) of Section 3 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services)Act, 2016 (CentralAct No. 18 of 2016); (b) "Authentication" means the process by which the Aadhaar number along with demographic information and biometric information of an individual is submitted to the Arun Parivar Patra Resident Data Repository for its verification and such Repository verifies the conectness, orthe lack thereof, on the basis of information available \vith it: (c) "Authority" means the Arunachal Pradesh Arun Parivar Patra Authority established and constituted under Sectionl9; (d) "Biomekic ,nformation" means photograph, finger print, iris scan, or such other bioiogical attributes of an individual specified by the Central Govemment; (e) "Central Act" means the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits end Services)Act, 2016 (CentralAct No.18 of 2016) ; (f) "Demographic information" includes information relatjng to the name, date of birth, address, tribe, records of entitlement, income, medical history and other relevant information of an individual. (g)'Enrolment" means enrolment of a family under Section 6 of this Act; (h) "famaly" means a group of members related to each other by blood, marriage or adoption and normally residing together and sharing meals; (i) " Fund" means the Fund of the Authority established under Section 28; 0) "Government body" means anybody owned, controlled or substantially finance by the State Government. (k) "Head of the family" means a woman member of the family of the age of eighteen years or above, declared by the family members in the prescribed manner as head of the family: Provided that in case a family has no woman member of the age of eighteen years or above at lhe time of enrolment, any male member of the family of the age of twenty one years or above may be declared to be the head of the family till an eligible woman member of the family takes his place; or in case a fiamily has no male member of the age of twenty one years or above at the time of enrolment, any eldest member of the family of any gender, may be declared as head of the family by the family members. lf such head of the family is a male, he can remain so only till an elagible woman member of the family takes his place; (l) "ldentity information" in respect of a memberof a family includes hisAadhaar number and his demographic information; (m) "Arun Perivar Patra lD" means a unique Arun Parivar Patra lD, for identifying a famjly issued, under Section 6; (n) 'Arun Parivar Patra Platform" means an electronb mechanism of interhce between the resident and the Government department or Government body created under the provisions of this Act; (o) "Arun Parivar Patra Resident Data Repository' means the Arun Parivar Patra Resideot Data Repository created under Section 9 of this Act; (p) "Prescribed' means prescribed by rules made underthisAct; (q) "Public welfare benefits" means any advantage, gift, reward, relief, aid, subsidy or any payment, whether in cash or kind, provided by the State Government directly or through a Government body to an individualora family and includes such other benefits as may be notified by the State Government from time to time; (r) "Records of entitlement" means records of public welfare benefits and services under any programme or scheme for which any family or any of its members is entitled to; (s) "Registra/' means any entity authorised or recognized by the Authority for the purpose of enrolment under thisAct; (t) "Regulations" means the regulations made by the Authority under this Act; (u) "Requesting entity" means a Government Department or a Government body that submits the Arun Parivar Patra lD, identity information and photograph (if required) to theArun Parivar Patra Resident Data Repository for authentication; (v) "Resident", with all its grammatical variations, means a resident who has resided in a local area ofArunachal Pradesh for the past six months or more or a person who intends to reside in that area for the next six months or more; (w) "Rules" means the rules made by the State Government under this Act; (x) "Servlce" means any provision, facility, utility or any other assistance provided in any form to a family or an individual and includes such other services as may be notified by the State Government from time to time; (y) "Verification" means the process of verifying the correctness of the identity information submitted by the Head of the Family or any adult member at the time of enrolment. (2)Words and expressions used in thisAct but not defined herein above shall have the same meanings as respectively assigned to them under the Central Act.
3. Authenticatlon and Proof of Aadhaar and/or Arun Parivar Patra necesaary for receipt of Publlc Welfare Benefits and services
The State Govemment may, for the purpose of establishing identity ofan individualas a condition for receipt of public welfare benefits and services for which the expenditure is incurred from the Consolidated Fund of the State, reguire thatsuch individual undergo authentication, orfurnish proof of possession ofAadhaar number and/orArun Parivar Patra lD or in the Gase ofan individualto whom no Aadhaar number and no Arun Parivar patra lD has b€en assigned, such individual makes an application for enrolment: Provided that till such time an Aadhaar number and/orArun parivar patra lD is not assigned to an individual, the individual shall be offered alternate and viable means of identification tbr delivery of public welfare benefits and services.
4. Notifying schemes by the State Government
The State Government shall, from time to time, notify public welfare benefits and services for which such authentication or proof as required as per Section 3.
5. Application of Chapter lll of Central Act
The provisions of Chapter lll of the CentralAct shall mutatis mutand,S apply to authentication under this Act.
6. Enrolment for Arun Parivar Patra Card
(1) Every resident family of the State shall be entitled, through its head or through any eldest or adult member, to obtarn Arun Parivar Patra Card by submitting identity information and photograph of all its members in the prescribed manner (2) On receipt of the identity information and photograph of the members of the family under sub-section(1). the Authority shall, after verifying the information in such manne( as may be prescribed, enroll the family and assign to the family a unique Arun Parivar Patra lD which shall be a unique random number
7. Salient featurea of Arun Parivar Patra lD
(1 ) An Arun Parivar Patra lD assigned to a family shall be a unique number and it shall not be re-assigned to any other family. (2) AnArun Parivar Patra ID shallbe a random numberand bear no relation to the attnbutes or identity of theArun Parivar Patra lD holder. (3) AnArun Parivar Patra lD, inphysical or electronic form subject to authentication and other conditions, a may be prescribed, shall be accepted as proof of identity and proof of address of the family members for the purpose of publicwelfare benefils and services and may also be accepted as proof of identity and proof of address for any other purpose. Explanation : For the purposes of this sub-section, the expression "electronic form" shall have the same meaning as asslgned to it I clause (r) of sub-section (1) of Section 2 of the lnformation TechnologyAct, 2000 (CentralAGt No.21of 2000).
9. Creation ofArun Parivar Patra Resident Data Repository
(1) The Authority shall create and maintain a data base of identity lnformation and photograph of alltheArun Parivar Patra card holders as theArun Parivar Patra Resident Data Repository in such manner as may be prescribed (2) The Authority may engage any agency, as it may deem appropriate, to creale and maintain the Arun Parivar Patra Resident Data Repository and to perform any other functions relating to the Arun Parivar Patra Resident Data Repository as may be prescribed.
10. Security and confidentiality of information
(1) The Authority shall ensure the security and confldentiality of the data in Arun Parivar Patra Resident Data Repository. (2) Without prejudice tothe generality of sub-section (1), the Authority shalF (a) adopt and implement appropriate technical and organisational security measures; (b) ensure that the agencies, consultants, advisors or other persons appointed or engaged for performing any function of the Authority under this Act, have in place appropriate technical and organizational security measures for the information;and (c) ensure that the agreements or arrangements entered into with such agencies, consultants, advisors or other persons, impose obligations equivalent to those rmposed on the Authoraty under thisAct, and require such agencies, consultants, advisors or other persons to act only on instructions from the Authority. (3) Save as otherwise provided in this Act, the Authority or any of its officers or other employees or any agency that maintains the Arun Parivar Patra Resident Data Repository shall not, whether during his service or thereafter, reveal any information stored in theArun Parivar Patra Resident Data Repository or authentication record to anyone except in accordance with any law for the time being inforce: Provided that any information ofArun Parivar Patra card holder stored in the Arun Parivar Patra Resident Data Repository may be revealed to such holder on a request made by him in the manner specified in regulations. (4) The provisions of Chapter Vl of the Central Act shall mutatis mutandis apply to Protection of lnformation under this Act.
11. Restriction on sharing information
(1) No idenity information and photograph ofArun Parivar Patra card holder collected under this Act and Arun Parivar Patra lD shall be shared with anyone, for any reason whatsoeve( except in accordance with the provisions of this Act- (2) Arun Parivar Patra lD,identity information and photograph shall not be published, displayed or posted publicly, except for such purposes, as may be prescribed. (3) Arun Parivar Patra lO,identity information and photograph may be used by the Government for identifying beneficiaries for welfare schemes and disseminating information in case of natural calamities/disasters in accordance with the provisions of this Act.
12. Sharing of information by a requeating entity
('l ) ldentity information and photograph available with a requesting entity: (a) shallnot be used by the requesting entity for any purpose otherthan that specified fortheArun Parivar Patra lD holder atthetime of submitting the request for authentication of identity information; and (b) shall not be disclosed further without the prior consent of the Arun Parivar Patra lD holder. (2) A requesting entity may share the authentication logs of a Arun Parivar Patra lD holder with theArun Parivar Patra lD holder concerned upon request of the family.
13. Alteration ot identity information and photograph
(1 ) ln case any identity information and photograph ot a member of the Arun Parivar Patra card holder family is found incorrect or changes subsequently, the head of the family or any other adult member of the family may request the Authority to alter such identity information or photograph, as the case may be, in the rccord of the family in theArun Parivar Patra Resident Data Repository in such manner, as may be prescribed. (2) TheAuthority may, suo motu or on receipt of any request under sub-section (1 ), after such inquiry orl and verification as it may deem fit, make such alteration as may be required in the Arun Parivar Patra Resident Data Repository and intimate such alteration to the head of the family and the member concerned in the manneras may be prescribed. (3) No identity information and photograph in the Arun Parivar Patra Resident Data Repository shall be altered except in the manner provided in thisAct.
14. Delivery of Services
(1) 'l-he State Government may, for the purpose of establishing identity of a family or any of its members, as a conditron for receipt of public welfare benefits and services, notrfy the list ofthe services under Section 7 ofthe CentralAct to b€ delivered through Arun Parivar Patra Platform. (2) The Authority shall endeavour to deliver public welfare benefits and services to the beneficiaries at their doorsteps or at the places nearby to their residences through Common Service Centres (CSC) network or through such other means, as it may deem fit. (3) The Administration, control and management of the CSC network shall vest in the Authority.
15. Direct transter o, benefit to the Deneficiary
The State Government may, by notific€tion, specify that any public welfare b€nefit, whenever such benefits are in the naiure of cash shall, after authentication, be transferred direcfly to the bank account of the beneficiary and in case the pubric welfare benefits pertain to a family, to the bank account of the head of the family, in such manner, as may be prescribed.
16. Use ofArun Parivar Patra Resident Oata Repository for seryice dolivery
(1) The State Government, through Government department or Government body shall deliver all public welfare benefits and services as notified under Section 4 and Section 14 ,after authentication, through theArun Parivar Patra Platform. (2) Every department shall seed its departmental data base of a family or any of its members pertaining to public welfare beneflts notified under Section 14 with the Arun Parivar Patra lD, bank account number and Aadhaar number in such manner, as may be prescribed. (3) Once the seeding ofthe departmentaldata base is completed, the departments shall not create any further data base at its own level and shall use identity information and photograph of a famiiy or any of its members available inArun Parivar Patra Resident Data Repository for transfer of any public welfare benefits and delivery of service in future.
17. Transaction mapper
Every transaction of public welfare benefits or services notified under Section 7 of the Central Act and the public welfare benefits or services notified under Section 4 of thas Act shall be recorded electronically in such manner, as may be prescribed
18. Social Audit
(1) Social audit of the delivery of public welfare benefits shall be conducted at such intervals and in such manner, as may be prescribed in the Gram Sabhas in rural areas and the Ward Committees in urban areas or any other forum specified by the State Government by notification. (2) Particulars of the delivery of public welfare benefits shall invariably be uploaded on the Arun Parivar Patra Resident Data Repository of the State. Explanation: For the purpose of this Section, the expression "Gram Sabha" and "Ward Committee" shall have same meaning as assigned to them respectively in the Arunachal Pradesh Panchayat RajAct, 1997 (Act No.5 of2001) and theArunachal Pradesh Municipal CorporationAct, 2019 (Act No. 8 of2019)-
19. Establishment and Constitution of the Authority
(1) The State Government shall, assoonas maybe, after commencement of thisAct, by notification, establish and constitute an Authority to be called as the Arunachal Pradesh Arun Parlvar Patra Authority to exercise powers and discharge functions of theAuthority under thisAct or the rules or regulations made thereunder. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of thisAct, to acquire, hold and dispose of property, both movable and immovable, and to contract and may, by the said name, sue or be sued. (3) The headquarter of theAuthority shallbe at ltianagar (4) The Authority may, with the prior approval of the State Govemment, establish its offices at other places in the State. (5) TheAuthority shallconsist ofa Chairperson and such number of officialand non- official members, as the State Government may appoint. (6) The Chief Secretary of the State shall be the ex-omcio Chairperson of theAuthority.
20. Powe6 and functions of the Authority
The Authority shall exercase the following powers and discharge the following functions, namely (a) to specify, by regulations, the terms and conditions for appointment of Registrars and enrolling agencies and revocataon of appointments thereof; (b) to expand existing electronic infrastructure for delivery of public welfare benefits and other services to the beneficiaries; (c) to create, monitor and maintain Arun Parivar Patra Resident Data Reposltory; (d) to frame policy for the use of the Arun Parivar Patra Resident Data Repository; (e) to recommend to the Stale Government for adding new services to theArun Parivar Patra Platform, (f) to take appropriate steps for financial inclusion of the residents of the State in collaboration with the line agencies; (g) to monitor the implementation of its recommendalions; (h) to coordinate between ditferent Government departments and Government bodies; (i) to monitor public welfare benefits and services provided throughArun Parivar Patra Platform: (j) to frame and amend the regulations; (k) to appoint committees or task forces orgroups or sukommittees as may be necessary to assist the authority in discharging its functions; (D to invite experts as and when required to its meetings; (m) to acquire by purchase, exchange, lease, hire or otherwise any property movable or immovable as may be necessary or convenient for Glrrying on the activities of the Authority; (n) to accept aid, Corporate Social Responsibility or any other assistance; (o) to borrow money from Govemment, Banks, Financial lnstitutions with prior approval of the State Government, (p) to design a common mechanism for synchronizing and integrating different databases available in the State and at the national levelwithArun Parivar Patra Resident Data Repository; (q) to design the precise and comprehensive e-Arun Parivar Patra Resident Data Repository by de{uplicating the family and individual databases stored in different forma6i (0 to maintairt dashboards and generate analytical reports- periodically and on-demand by the State Government; (s) to coordinate with the technical teams of line departments; (t) to create opportunities for the lnstitutional Finance (loaning) for weaker section ofthe society by engaging various financial anstitutions (National Bank forAgriculture and Rural Development etc.); (u) to coordinate with the banks for creation of Banking Conespondent Network, (v) to appoint Banking Correspondent and manage Banking Conespondent Network; (w) to augment infrastructure for propagation of digital payments and Aadhaar Enabled Payments; (x) to provide cash withdrawal and transactional facilities in unbanked areas; (y) to coordinate with the banks through State Level Bankers Committee and to expand banking coverage; (z) to expand creditand insurance schemes; (za) to establishATMS in revenue villages; (zb) to regulate the Common Service Centre (CSC) network through framing regulations under the Authority; (zc) to maintain and augment CSG network; (zd) to re-furnish the present network of CSC by strengthening the kiosks with more automation and mechanization; (ze) to develop CSC as physical delivery Repository for e-commerce servicesi (zf) to ensure delivery of certmcates etc. at the doorstep by the CSC through incentivizing the CSC for delivery; (zg) to establish and maintain the CSC Plus Kiosk network; (zh) to train CSC kiosk operators with the help of officials from banks, line departments and e-commerce experts; and (zi) to exercise such other powers and discharge such other functions as may be necessary incidental or conducive, for carrying out the purposes of this Act.
21. Term of office and other conditions of service of the non-official member
(1) A non-official member of the authority shall hold office for a term three years from the date on which he/she enters the office or during the pleasure of the State Government whichever is earlier. (2) The allowance payable to and other terms and conditions of service of the non official members shall be as such as may be prescribed. (3) The non-official member may resign his office by giving notice in writing to the State Government and on such resignation being accepted by the State Government, such non-official member shall be deemed to have vacated his office.
22. Meetings of the Authority
(1) The Authority shall meet at least once in a year at such place and such time as its Chairperson may decide and shall observe such rules of procedure, including quorum at such meetings, in regard to the transaction of the business at its meetings, as may be laid down by regulations. (2) The Chairperson, or, if for any reason he/she is unable to attend any meeting of the Authority, any other member chosen by the members present at the meeting, shall preside over the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairperson, or in his/her absence, the person presiding, shall have and exercise a second or casting vote.
23. Constitution of the Executive Committee
(1) The State Government shall, by notification, constitute an Executive Committee of the Authority under the ex-officio Chairmanship of the Secretary (Planning & Investment). (2) The Executive Committee shall exercise such powers and perform such duties as may be delegated to it by the Authority from time to time. (3) The Executive Committee shall meet at least once in three months at such place and such time, as its Chairperson may decide and shall observe such rules of procedure, including quorum at such meetings, in regard to the transaction of the business at its meetings, as may be laid down by regulations. (4) The Chairperson or, if for any reason he is unable to attend any meeting of the Executive Committee, any other member chosen by the members present at the meeting shall preside over the meeting. (5) All questions which come up before any meeting of the Executive Committee shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairperson, or in his/her absence, the person presiding, shall have and exercise a second or casting vote.
24. Authentication of orders of the Authority and Executive Committee
All orders, decisions and other instruments of the Authority and the Executive Committee shall be authenticated by the signatures of the Chairperson of the Authority or, as the case may be, the Executive Committee or any other member or any officer of the Authority or, as the case may be, the Executive Committee authorized by it in this behalf.
25. Appointment of the Director General
There shall be appointed by the State Government an officer not below the rank of the Commissioner/Secretary to the Government to be the Director General (ex-officio) of the Authority. He/She shall, subject to the general control of the Authority, exercise the following powers, perform the following functions and discharge the following duties, namely: (a) to supervise and control all officers and servants of the Authority; (b) to work out modalities of delivery of the public welfare benefits and other services and ensure their effective monitoring and implementation; (c) to manage the properties, records and funds of the Authority; (d) to maintain true and proper accounts of the Authority including checking and auditing in respect thereof periodically; (e) to prepare annual income and expenditure accounts and balance sheet of the Authority; (f) to maintain up-to-date and complete statistical information, including progress made in the implementation of various programmes from time to time; (g) to process project proposals for financial assistance and issue utilization certificates thereof; (h) to convene meetings, seminars and workshops connected with the main objectives of the Authority and preparation of reports and follow-up action thereon; (i) to produce video, documentary films, publicity material, literature and publications to inform general public about the various aspects of the Authority; and (j) to perform such other functions as may be delegated to him by the Authority.
26. Appointment of officers and employees
(1) The Authority may, with the prior approval of the State Government, create such number and category of posts of officers and other employees in the Authority as it may consider necessary to carry out its functions under this Act and may make appointment thereto. (2) The salary and allowances and other terms and conditions of service of the officers and employees of the Authority shall be such as may be determined by the Authority by regulations with the prior approval of the State Government and shall be paid out from its Fund.
27. Grants by the State Government to the Authority
The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Authority by way of grants such sum of money as the State Government may think fit for being utilized for the purposes of this Act.
28. Fund of the Authority
(1) There shall be established a fund known as the Arunachal Pradesh Arun Parivar Patra Authority Fund for the purposes of this Act. (2) In addition to the sum of money paid by the State Government under Section 27, the following shall be credited to the Fund, namely : (a) aids and loans raised by the Authority with the prior approval of the Finance Department. (b) any sum of money received by the Authority by way of fees; (c) any other sum of money received by the Authority with the prior approval of the Finance Department. (3) The Fund shall be utilized by the Authority to meet out the expenses incurred in carrying out the purposes of this Act including payment of allowances to the non-official members of the Authority, payment of salaries and allowances to the officers and staff of the Authority.
29. Budget of the Authority
(1) The Authority shall prepare in each financial year, in such form and at such time as may be prescribed, its budget for the next financial year showing the estimated receipts and expenditure of the Authority and forward the same for the approval of the State Government. (2) The Authority shall not incur any expenditure otherwise than in accordance with the budget provisions as approved by the State Government.
30. Annual report
The Authority shall prepare, in such form and at such time as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and its plans for the coming year, and submit a copy thereof to the State Government. Every annual report shall also contain a review of the performance of the Authority in respect of the plans contained in the preceding annual report.
31. Accounts and audit
(1) The accounts of the Authority shall be maintained in such form and manner as may be prescribed and shall be audited by the Accountant General or by such other person or body as the State Government may determine from time to time. (2) The Authority shall furnish to the State Government before such date as may be prescribed a copy of its audited accounts together with the auditor's report thereon.
32. Annual report and auditor's report to be laid before the House of the State Legislature
The State Government shall cause the annual report of the Authority and the auditor's report to be laid, as soon as may be, after they are received, before the House of the State Legislature.
33. Penalty for non-compliance of provisions relating to security and confidentiality of information
Whoever shares or publishes the identity information and photograph of a Arun Parivar Patra card holder in contravention of the section 10 shall be punishable with fine which may extend to ten thousand rupees and shall be liable to compensate the person who is adversely affected by such contravention.
34. Penalty for unauthorized use by requesting entity
Whoever, being a requesting entity, uses the identity information of an individual in contravention of Section 12 shall be punishable with fine which may extend to ten thousand rupees and shall be liable to compensate the person who is adversely affected by such contravention.
34A. Penalty for furnishing wrong information
Whoever, deliberately provides false or incorrect information for the purpose of obtaining or updating Arun Parivar Patra shall be punishable with a fine which may extend to ten thousand rupees and shall be liable to compensate the Government for the benefit so received on the basis of wrong or false information.
35. Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Explanation : For the purposes of this section- (a) "company" means anybody corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm.
36. Members, officers, etc., to be public servants
The Chairperson and members of the Authority and the Executive Committee and officers and other employees of the Authority and the Executive Committee shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of Section 2(28) of the Bharatiya Nyaya Sanhita, 2023.
37. Power of State Government to issue directions
(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the State Government may give, in writing to it, from time to time. (2) The decision of the State Government, whether a question is one of policy or not, shall be final.
38. Delegation of powers and functions
The Authority may, by general or special order in writing, delegate to the Executive Committee, any member or officer of the Authority or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act, except the power under Section 40, as it may deem necessary.
39. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the State Government or the Authority or the Executive Committee or the Chairperson or any member of the Authority or the Executive Committee or any officer or other employee of the Authority or the Executive Committee for anything which is in good faith done or intended to be done under this Act or the rule or regulation made thereunder.
40. Power of State Government to make rules
The State Government may, by notification, make rules to carry out the provisions of this Act.
41. Power of Authority to make regulations
The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder to provide for the matters which are required by this Act to be provided by regulation.
42. Rules and regulations to be laid before the House of the State Legislature
Every rule and regulation made under this Act shall be laid, as soon as may be after it is so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen 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 of the sessions immediately following, the House of the State Legislature makes any modification in the rule or regulation or resolves that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
43. Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
44. Power to remove difficulties
(1) If any difficulty arises in giving effect to the provision of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty : (2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature.
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