The Tripura Aadhaar (Targeted Delivery of Financial and Other Subsidies and Benefits) Act,2018
Tripura · state statute
Open in Lexace · Ask the AI about this actNo. 1323 Registered No. N. E. 930. GAZETTE Published by Authority EXTRAORDINARY ISSUE Agartala, Monday, December 17, 2018A. D. Agrahayana 26, 1940 S. E. PART--lll-- Acts of Tripura Legislature GOVERNMENT OF TRIPURA LAW DEPARTMENT SECRETARIAT : AGARTALA No. F.8(13)—Law/Leg—l/2018/ Dated, Agartaia, the 17th December,2018. NOTlFICATION The following Act of the Tripura Legislative Assembly received the assent of the Governor of Tripura on the 14th December, 2018 and is hereby published for General information. D.M.Jamatia L.R. & Secretary, Law Government of Tripura Tripura Gazette, Extraordinary Issue, December 17, 2018 A. D. Short title and commencement Definition [THE TRIPURA ACT NO. 9 OF 2018] THE TRIPURA AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES AND BENEFITS) ACT ,2018 AN ACT to provide for, as a good governance measure, efficient, trans parent and targeted delivery of subsidies, benefits to the individuals residing in the State of Tripura using Aadhaar number as a sole identifier, and for matters connected therewith and incidental thereto. WHEREAS it is expedient to make a law to provide for, as a good governance measure, efficient, transparent and targeted delivery of subsidies, benefits to the individuals residing in the State of Tripura using Aadhaar number as a sole identifier, and to provide for matters connected therewith; BE it enacted by the Tripura Legislative Assembly in the Sixty ninth Year of the Republic of lndia as follows:— 1.(1) (2) 2.(1) (al (bl This may be called] the ”Tripura Aadhaar (Targeted Delivery of Financial and Other Subsidies and Benefits ) Act, 2018” This shall come into force on and from the date of its publication in the TripuraGazette. In this Act, unless the contexts otherwise requires,- "Aadhaar number" means an identification number issued to an individual under sub— section (3) of section 3 ofthe Central Act; "Agency of the State Government" means any authority or body established or constituted by any Central or a State Law in the State of Tripura 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; "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; "benefit“ means any advantage, gift, reward, relief or payment, in cash or kind, provided to an individual or group of individuals and includes such other‘benefits, as the State Government may by notification in the Official Gazette, specify, from time to time; A V "biometric information" means photograph, finger print, Iris scan, or such other biological attributes ofan individual specified by the Central Act; Tripura Gazette, Extraordinary Issue, December 17, 2018 A. D. Proof of Aadhaar number necessary for receipt of certain subsidies and financial benefits if) U) (k) (I) , (2) "Central Act" means the Aadhaar (Targeted-Delivery of Financial and Other Subsidies, Benefits and Services) Act,2016; "Central Identities Data Repository” means a centralised database in one or more locations containing all Aadhaar numbers issued to Aadhaar number holders along with the corresponding demographic information and biometric information of such individuals and other information related thereto; "Consolidated Fund of State” means a Consolidated Fund of State of Tripura; "demographic information” includes information relating to the name, date of birth, address and other relevant information of an individual as per the provisions of Central Act, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history; "enrolment" means the process to collect demographic and biometric information from individuals by the enrolling agencies for the purpose of issuing Aadhaar number to individual as provided under the Central Act; "Government” means the Government ofTripura; "prescribed" means prescribed by the rules made under this Act; "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 the State Government may, by notification in the Official Gazette, specify; "subsidy" means any form of aid, support, grant, Subvention or appropriation, in cash or kind, to an individual are group of individuals and includes such other services as the State Government may, by notification in the Official Gazette, specify; Words and expressions used in this Act but not defined shall have the meanings as 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 or financial benefits 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, benefits etc. Tripura Gazette, Extraordinary Issue, December 17, 2018 A. D. Notifying Schemes by State Government Application of Chapters III and VI of Central Act. 3-4 Act to be in addition and not in derogation of any other law. * Protection of action taken in good faith. Power to make rules Power to remove difficulties. Repeal and Savings 8. (1) (2) (3) 9.(1) (2) 10(1) The State Government shall, within a period of three months from the date of commencement of this Act, and thereafter, from time to time, by notification in the Official Gazette, specify the list of schemes, subsides, benefits for which such authentication or proof shall be required as per section 3. The provisions of Chapter III and Chapter VI of the Centra|.Act shall mutatis mutandis apply to authentication under this Act. I The provisions of this Act shall be in addition to, and not in derogation of, the provisions ofany 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 employees of the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. The state Government may, by notification in the Official Gazette, make rules generally for carrying out purposes of this Act. ln particular, and without prejudice to the generality of the foregoing power, such rules may provide for all orany of the following matters, namely:- (a) specifying the manner of use of Aadhaar number for the purposes of providing or availing of various subsidies and financial benefit 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 required to be made by rules, All the rules made under this Act shall be laid before the State Legislature, as soon as after they are made. If any difficulty arises in giving effect to the provisions 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 it to be necessary or expedient for removing the difficulty; Provided that, no such order shall be made after the expiry of the period of two years from the commencement of this Act Every order made under sub-section (1) shall be laid before the State Legislature, as soon as may be, after it is made, The ”The Aadhaar (Targeted Delivery of Financial and Other Subsidies and Benefits) Ordinance, 2018" (The Tripura Ordinance no 3 of 2018), which was promulgated on 18‘h August, 2018, is hereby repealed; Tripura Gazette, Extraordinary Issue, December 17, 2018 A. D. Notwithstanding such repeal, any notification or order issued, anything done or any action taken under "The Aadhaar (Targeted Delivery of Financial and Other Subsidies and Benefits) Ordinance, 2018”(The Tripura Ordinance no 3 of 2018) so repealed, shall be deemed to have been issued, clone or taken under the corresponding provision of this Act. D.M. JAMATIA LR 85 SECY, LAW GOVERNMENT OF TRIPURA Printed at the Tripura Government Press, Agartala. 5
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