Jharkhand Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2017

झारख ड गजट

असाधारण अंक

झारख ड सरकार वारा का शत

12 का त क, 1938 (श०) सं या- 812 राँची, सोमवार,

3 नव बर, 2017 (ई०)

व ध ( वधान) वभाग

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अ धसचनाू

3 नव बर, 2017

सं या-एल०जी०-16/2017-120/लेज०--झारख ड वधान मंडल का न न ल खत अ ध नयम, िजस पर रा यपाल दनांक 15 सत बर, 2017 को अनुम त दे चक ंु ह , इसके वारा सव साधारण क सूचना के लये का शत कया जाता है ।

झारख ड आधार (ल त व तीय एवं अ य सहा यक , लाभ और सेवा दाय) अ ध नयम, 2017 (झारख ड अ ध नयम-20,2017)

सुशासन, ल त सहा यक , लाभ एवं सेवा िजनके लए रा य क सं चत न ध से स पूण यय कया जाता है, दान करने के कारगर, पारदश उपाय तथा उनसे स ब मामल के लए झारख ड रा य के नवासी यि त- वशेष क एक मा पहचान के प म आधार के उपयोग हेतु ावधान के लए अ ध नयम ।

चँ कू सुशासन, ल त सहा यक , लाभ एवं सेवा िजनके लए रा य क सं चत न ध से स पूण यय कया जाता है, दान करने के कारगार, पारदश उपाय तथा उनसे स ब मामल के लए झारख ड रा य के नवासी यि त- वशेष क एक मा पहचान के प म आधार के उपयोग हेतु

नयम बनाना समीचीन हो गया है, यह भारत गणतं के सड़सठव वष म न न ल खत प म अ ध नय मत होः-

(1) This Act may be called the Jharkhand Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2017. (2) It extends to the whole of the State of Jharkhand. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

(1) In this Act, unless the context requires otherwise,- (a) “Aadhaar number” means an identification number issued to an individual under section 3 of the Central Act; (b) “Agency of the State Government” means any authority or body established or constituted by any Central or State law in the State of Jharkhand including the local bodies, and any other body owned and controlled by the State Government and includes the bodies whose composition and administration are predominantly controlled by the State Government; (c) “authentication” means the process by which the Aadhaar number along with demographic information or biometric information of an individual is submitted to the Central Identities Data Repository for its verification and such Repository verifies the correctness, or the lack thereof, on the basis of information available with it; (d) “benefit” means any advantage, gift, reward, relief or payment, in cash or in kind, provided to an individual or a group of individuals and includes such other benefits as may be notified by the State Government from time to time; (e) “biometric information” means photograph, finger print, iris scan, or such other biological attributes of an individual as may be specified by the Central Act; (f) “Central Act” means the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (g) “Central Identities Data Repository” means a centralized database in one or more locations containing all Aadhaar numbers issued to Aadhaar number holders along with the corresponding demographic information and biometric information and other information related thereto; (h) “Consolidated Fund of the State” means the Consolidated Fund of the State of Jharkhand; (i) “demographic information” includes information relating to the name, date of birth, address and other relevant information of an individual, as prescribed under the Central Act, but does not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history. (j) “enrolment” means the process of collecting demographic and biometric information from individuals by the enrolment agencies for the purpose of issuing Aadhaar numbers to such individuals under the Central Act; (k) “Government” or “State Government” means the Government of Jharkhand; (l) “prescribed” means prescribed by rules made under this Act; (m) “service” means any provision, facility, utility or any other assistance provided in any form to an individual or a group of individuals and includes such other services as may be notified by the State Government; (n) “subsidy” means any form of aid, support, grant, financial assistance or subvention in cash or in kind to an individual or a group of individuals and includes such other subsidies as may be notified by the State Government from time to time; (2) Words and expressions used in this Act but not defined shall have the meanings respectively assigned to them under the Central Act.

The State Government or, as the case may be, any Agency of the State Government, may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred entirely by way of withdrawal from, or the receipt therefrom forms part of the Consolidated Fund of the State, or any fund set up by any Agency of the State Government, require that such individual undergo authentication, or furnish proof of possession of Aadhaar number or, in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrolment: Provided that, till such time an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.

The provisions of Chapters III and VI of the Central Act shall apply, subject to such modifications as may be necessary for authentication under this Act.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employee of the State Government for any thing which is in good faith done or intended to be done under this Act or any rule made thereunder.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-(a) specifying the manner of use of Aadhaar number for the purposes of providing or availing of various subsidies, benefits, services and other purposes for which Aadhaar number may be used; (b) any other matter which is required to be, or may be, specified, or in respect of which provision is to be made by rules. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the State Legislature, while it is in session for a total period of thirty 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 session or sessions immediately following, the state legislature agree in making any modification in any rule or state legislature agree that rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such notification, 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 or omitted to be done under that rule.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before the State Legislature.