HARYANA AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2017
Received the assent of the Governor of Haryana on the 23rd March, 2017, and was published vide Notification No. Leg.6/2017 dated 29th March, 2017 in the Haryana Government Gazette (Extraordinary), Legislative Supplement, Part I, dated March 29, 2017 (CHTR. 8, 1939 SAKA).
An act to provide for as a good governance, efficient, transparent and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred entirely from the Consolidated Fund of State, to individuals residing in the State of Haryana using Aadhaar number as sole proof of establishing identity of an individual and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-eighth Year of the Republic of India as follows: -
1. Short title, extent and commencement. - (1) This Act may be called the Haryana Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) 2017.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date, as the 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.
2. Definitions. - (1) In this Act, unless the context otherwise requires, -
(a) "agency of Government" means any authority or body established or constituted by any Central or State law in the State of Haryana including the local bodies and any other body owned and controlled by the Government and includes the bodies whose composition and administration are predominantly controlled by the Government;
(b) "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 Government, from time to time;
(c) "Central Act" means the Aadhaar (Targetea Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 (Central Act 18 of 2016);
(d) "Consolidated Fund" means the Consolidated Fund of the State of Haryana;
(e) "Government" means the Government of the State of Haryana;
(f) "prescribed" means prescribed by the rules made under this Act;
(g) "service" means any provision, facility, utility or any other assistance provided in any form to an individual or group of individuals and includes such other services, as may be notified by Government, from time to time;
(h) "subsidy" means any form of aid, support, grant, subvention or appropriation, in cash or kind, to an individual or group of individuals and includes such other subsidies, as may be notified by the Government, from time to time.
(2) Words and expressions used in this Act but not defined and defined in the Central Act shall have the same meanings as respectively assigned to them under the Central Act.
3. Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc. - The Government or the an agency of the 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 by way of withdrawal from or the receipt therefrom forms part of the Consolidated Fund or any fund set up by an agency 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 shall make an application for enrolment.
Provided that until Aadhaar number is assigned to an individual, the individual be offered alternate and viable means of identification for delivery of the subsidy, or service.
4. Notification of schemes. - The 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 Aadhaar number shall be an authenticated proof of identification of an individual.
5. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall against the Government or any officer or other employees of the Government for anything which is in good faith done or intended to be done under this Act or rules made thereunder.
6. Power to make rules. - (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature.
7. Power to remove difficulty. - (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear be necessary for 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, after it is made, before the State Legislature.
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