The UTTAR PRADESH AADHAAR ACT, 2017
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actNo. 2704(2)/LXXIX-V-1-17-1(Ka) 25/17
Dated Lucknow, January 6, 2018
In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is
pleased to order the publication of the following English translation of the Uttar Pradesh Aadhaar
(Vittiya Aur Anya Sahayikiyon, Prasuvidhaon Aur Sewaon Ka Lakshit Paridan) Adhiniyam, 2017
(Uttar Pradesh Adhiniyam Sankhya 8 of 2018) as passed by the Uttar Pradesh Legislature and
assented to by the Governor on January 5, 2018 :-
THE UTTAR PRADESH AADHAAR (TARGETED DELIVERY OF FINANCIAL AND
OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2017
(U.P. Act No. 8 of 2018)
(As passed by the Uttar Pradesh Legislature)
AN
ACT
to provide for, as a good governance measure, efficient, transparent, and targeted delivery of
subsidies, benefits and services, the expenditure for which is incurred entirely from the Consolidated
Fund of the State, to the individuals residing in the State of Uttar Pradesh using Aadhaar as a sole
identifier, and for matters connected therewith and incidental thereto.
IT IS HEREBY enacted in the Sixty-eighth Year of the Republic of India as follows: -
1. (1) This Act may be called the Uttar Pradesh Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2017.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the
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.
2. (1) In this Act, unless the context otherwise requires, -
(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 Uttar Pradesh 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 kind,
provided to an individual or 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 specified by the Central Act.
(f) "Central Act" means the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016;
(g) "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;
Short title,
extent and
commence
ment
18 of
2016.
Definitions
(h) "Consolidated Fund" means a Consolidated Fund of the State of Uttar Pradesh;
(i) "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;
(j) "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;
(k) "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;
(l) "Subsidy" means any form of aid, support, grant, subvention or appropriation, in cash
or 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 hereinabove shall have the same
meanings as respectively assigned to them under the Central Act.
3. 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.
4. The State Government shall, within a period of three months from the date of commencement
of this Act, and thereafter, from time to time, notify the list of schemes, subsidies, benefit or
services for which such authentication or proof is required under section 3.
5. The provisions of Chapter III and Chapter VI of the Central Act shall mutatis mutandis apply
to authentication under this Act.
6. 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.
7. 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.
8. (1) The State Government may, by notification in the Gazette, make rules to carry out the
provisions of this Act.
Proof of
Aadhaar
number
necessary for
receipt of
certain
subsidies,
benefits and
services, etc.
Notifying
Schemes by
State
Government
Application
of
Chapters III
and VI of
CentralAct.
Power to
make
Rules.
Protection of
action taken
in good faith.
Act to be in
addition and
not in
derogation
of anyother
law.
(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
each House of 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, both Houses agree in making any modification in any rule or both Houses agree
that rule should not be made, and notify their decision to that effect in the 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.
9.(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 Gazette, make such provision 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 each House of the State Legislature.
____________
STATEMENT OF OBJECTS AND REASONS
The correct identification of targeted beneficiaries for delivery of various subsidies, benefits,
services, grants, wages and other social benefits schemes which are funded from the consolidated
fund of the State of Uttar Pradesh is critical to the effective implementation of these programs. Such
correct targeting of programs would facilitate complete coverage for certain categories of persons
such as women, children, senior citizens, persons with disabilities, migrated, unskilled and
unorganised workers and nomadic tribes, etc. A credible system to authenticate the identity of
beneficiaries would further ensure that the subsidies, benefits and services reach to the intended
beneficiaries.
The Government of India has enacted the Aadhaar (Targeted Delivery of Financial and other
Subsidies, Benefits and services) Act, 2016 for delivery of various subsidies, benefits, services,
grants, wages and other social benefit scheme which are funded from the Consolidated Fund of India.
As per section 57 of the said Act, it does not prevent the use of Aadhaar number for establishing the
identity of an individual for any purpose by the State Government. Accordingly, it is required to have
Stateβs own Act for linking the use of Aadhaar identification for delivery of various subsidies,
benefits, services, grants, wages and other social benefit schemes which are funded from the
Consolidated fund of the State of Uttar Pradesh.
In view of the above it has been decided to make a law to provide for, as a good governance
measure, efficient, transparent, and targeted delivery of subsidies, benefits and services, the
expenditure for which is incurred entirely from the Consolidated Fund of the State, to the individuals
Power to
remove
difficulty
residing in the State of Uttar Pradesh using Aadhaar as a sole identifier, and for matters connected
therewith and incidental thereto.
The Uttar Pradesh Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits
and Services) Bill, 2017 is introduced accordingly.
By Order,
VIRENDRA KUMAR SRIVASTAVA,
Pramukh Sachiv
Lex