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Tripura act 009 of 2018 : The TRIPURA AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES AND BENEFITS) ACT, 2018

No. 1323

Registered

No. N.E.

930.

GAZETTE

Published

by Authority

EXTRAORDINARY ISSUE

Agartala, Monday,

December 17,

2018A. D.

Agrahayana 26, 1940S. 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

Short title and commencement Definition

[THE

TRIPURAACTNO.9OF

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,

benefitstothe

individuals

residing intheState of

Tripura using

Aadhaar number as a sole

identifier,

and for matters

connected

therewith and

incidental thereto. WHEREAS itis

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 theState 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, andany 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

informationor

biometric

information of an

individual is

submitted to the Central

Identities Data

Repository

for its

verification and such

Repository

verifies the correctness, orthelack

thereof, on

the basis of

information available

with

it;

"benefit" means

any

advantage, gift, reward,

relief or

payment,

in

cash or

kind, provided toan

individualor

groupof

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

attributesofanindividual

specified

by

the Central

Act;

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 tothename,dateof

birth, address and other

relevant information of an

individual as

per

the

provisions

of Central Act, butshallnotinclude race,

religion,

caste, tribe,

ethnicity,

language,

records

of entitlement,

incomeormedical

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

rulesmadeunder 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

anyform of

aid, support, grant, Subventionor

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 themundertheCentralAct. The State

Government or,

as the case

may be, any

agency

of the State

Government may, for the purpose of

establishing identity

ofan

individualasa

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 thecaseofan

individualto

whomno

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.

3

Notifying

Schemes by

State Government Application of Chapters IIIandVI 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 ofthis

Act,

and

thereafter,

from time to

time,

by

notification in

the Official

Gazette,

specify the listof

schemes,

subsides,

benefits forwhichsuch 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 underthis Act. I The

provisions

of this

Act

shall be in

addition

to,

and not in

derogation

of,

the provisions

ofany

other law'for thetime

being in

force. No

suit, prosecution

or

other

legal

proceeding

shall lie

against

the State

Government or any officer, orother

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

foralloranyof

the

following matters,

namely:- (a) specifying themannerofuseof

Aadhaar number forthepurposes

of providing or

availing ofvarious

subsidiesandfinancial benefitforwhich Aadhaar number may be

used; (b) any other matter whichis

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

ordermadeunder

sub-section

(1)

shallbelaid

beforetheState

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

Ordinanceno3 of

2018),

which was

promulgated

on

18'h August, 2018,

is

hereby repealed;

4

Notwithstanding such

repeal, any

notificationor

order issued,

anything doneor

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