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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, May 18, 2017
No. F. 2 (21) Vidhi/2/2017.-In pursuance of Clause (3) of
Article 348 cf the Constitution of India, the Governor is pleased to
authorise the publication in the Rajasthan Gazette of the following
translation in the English language of the Rajasthan Bhamashah
(Lok Kalyankari Prasuvidhaon ka Seedha Antaran aur Sevaon ka·
Paridaan) Adhiniyam, 2017 (2017 ka Adhiruyam Shankhyank
24 :-
. (Authorised English Translation)
THE RAJASTHAN BHAMASHAH (DIRECT TRANSFER
OF PUBLIC WELFARE BENEFITS AND DELIVERY OF
SERVICES) ACT, 2017
(Act No. 24of2017)
[Received the assent of the Governor on the 17th day of May, 2017]
An
Act
to provide for women empowerment, financial inclusion, direct
/rans/er of public welfare beneftts and delivery of services to the
. 22
314(22) W W—‘T’X, We: 18, 2017 'HT’T 4 (EH)
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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
‘ Jaipur, May 18, 2017
No. F. 2 (21) Vidhi/2/2017.-In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication in the Rajasthan Gazette of the following
translation in the English language of the Rajasthan Bhamashah
(Lok Kalyankari Prasuvidhaon ka Seedha Antaran aur Sevaon ka'
Paridaan) Adhiniyam, 2017 (2017 ka Adhiniyam Shankhyank
24 :-
(Authorised English Translation)
THE RAJASTHAN BHAMASHAH (DIRECT TRANSFER
OF PUBLIC WELFARE BENEFITS AND DELIVERY OF
SERVICES) ACT, 2017
' (Act No. 24 of 2017)
[Received the assent of the Governor on the 17th day of May, 2017]
A n
Act
(0 provide fl" women empowerment. financial inclusion, direct >
Iranifer of public welfare benefits and delivery of services to the
-22
~ 4 (q;-) 31 (23)
beneficiaries through Bhamashah platform in efficient and
transparent· manner, and for matters connected therewith or
incidental thereto.
Be it enacted by the Rajasthan State Legislature in the
Sixty-eighth Year of the Republic oflndia, as follows:-
CHAPTER-I
Preliminary
1. Short title, extent and commencement.- (1) This Act
may be called the Rajasthan Bhamashah (Direct Transfer of Public
Welfare Benefits and Delivery of Services) Act, 2017.
(2) It shall extend to the whole of the State ofRajasthan.
(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.
2. Definitjons.- In. this Act, unless the context otherwise
· reqwres,-
(a) "aadhaar number" means an identifi cation number
of an individual issued under sub-section (3) of
section 3 of the Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and
Services) Act, 2016 (Central ActNo.18 of2016);
(b) "al;lthentication'.' means the prescribed process
wherein Bhamashah identity along ·with
demographic information is submitted to the
Bhamashah Platform for its verification and the
Bhamashah Resident Data Hub verifies the
correctness thereof on the basis of information or
data or documents available with it;
(c) "Authority" means the Bhamashah Authority
established under section 17;
(d) "Bhamashah identification number" means a unique
Bhamashah identification number for identifying a
family issued under section 3;
(e) "Bhamashah Platform" means an electronic
mechanism of interface between the resident and
the Government department/government body
created under the provisions of this Act;
23 .
1m 4 (E W W—fi, we? 18, 2017 31 (23)
beneficiaries through Bhamashah platform in efficient and
lransparent'manner, and for matters connected therewith or
incidental thereto.
Be it enacted by the Rajasthan State Legislature in the
Sixty-eighth Year of the Republic of India, as follows:—
CHAPTER-I
Preliminary
1. Short title, extent and commencement.- (1) This Act
may be called the Rajasthan Bhamashah (Direct Transfer of Public
Welfare Benefits and Delivery of Services) Act, 2017.
(2) It shall extend to the whole of the State of Rajasthan.
(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. ~
2. Definitions.- In,this Act. unless the context otherwise
~ requires,—
(a) “aadhaar number” means an identification number
of an individual issued under sub-section (3) of
section 3 of the Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and
Services) Act, 2016 (Central Act No.18 of 2016);
(b) "authentication? means the prescribed process
wherein Bhamashah identity along 'with
. demographic information is submitted to the
Bhamashah Platform for its verification and the
Bhamashah Resident Data Hub verifies the
correctness thereof on the basis of information or
data or documents available with it; -
(c) “AuthOrity” means the Bhamashah Authority
established under section 17;
(d) “Bhamashah identification number" means a unique
Bhamashah identification number for identifying a
family issued under section 3;
(e) "Bhamashah Platform" means an electronic
mechanism of interface between the resident and
the Government department/govemment body
created under the provisions of this Act;
23.
~~ ~-1f?r, ~ 18, 2017 1lPT 4 (en)
( ~ "demographic information" means demographic
information of Bhamashah card holder like name,
age, gender, occupation, annual income, property
and such other information as may be notified by
the State Government from time to time;
(g) "enrolment" means the enrolment of a family under
section3;
(h) "enrolling agency" means an agency appointed by
the Authori!Y or Registrar for- enrolment under this
Act;
(i) "family" means a group of members related to each
other by blood, marriage or adoption and normally
residing together and sharing meals;
G) "financial inclusion" means to make financial
services affordable and accessible to all segments of
society particularly the disadvantaged and lower
income group;
(k) "Fund" means the Fund of the Authority established
under section 27;
(1) "government body" means any body owned,
controlled or . substantially financed by the State
Government;
(m) "li.ead of the family" means a woman member of the
family of the age of twenty one years or above,
declared by the family members in the prescribed
manner as head of the family:
Provided that in case a family has no woman
member of the age of twenty one years or above at
the time of enrolment, any rpale member of the
family of the age of twenty one years or above may
be declared to be the head of the family till an
eligible woman member of the family takes his
place; or in case a family has no male member of
the age of twenty one years or above at the time of
enrolment, any eldest member of the family of any
gender, maybe declared as head of the family by the
family members. If such head of the family is. a
male, he can remain so only till an eligible woman
member of the family takes his place;
3.1 (24;
(g)
(h)
(i)
(i)
(k)
(1)
(In)
W W—‘fi, 113‘ 18, 2017 3m 4 (E)
“demographic information” means demographic
information of Bhamashah card holder like name,
age, gender, occupation, annual income, property
and such other information as may be notified by
the State Government from time to time;
“enrolment” means the enrolment of a family under
section3;
“enrolling agency” means an agency appointed by
the Authority or Registrar {on enrolment under this
Act;
“family” means a group of members related to each
other by blood, marriage or adoption and normally
residing together and sharing meals;
“financial inclusion” means to make financial
services affordable and accessible to all segments of
society particularly the disadvantaged and lower
income group;
"Fund" means the Fund of the Authority established
under section 27;
"government body" means any body owned,
controlled or substantially financed by the State
Govemment;
“head of the family” means a woman member of the
family of the age of twenty one years or above,
declared by the family members in the prescribed
manner as head of the family:
Provided that in case a family has no woman
member of the age of twenty one years or above at
the time of enrolment, any male member of the
family of the age of twenty one years or above may
be declared to be the head of the family till an
eligible woman member of the family takes his
place; or in case a family has no male member of
the age of twenty one years or above at the time of
enrolment, any eldest member of the family of any
gender, maybe declared as head of the family by the
family members. If such head of the family is a
male, he can remain so only till an eligible woman
member of the family takes his place;
24
~ 4 (C1J) _
(n) .. prescribed" means prescribed h} rules made under
this Act;
(o) ·public welfare benef'ts'' mt:ans any advantage, gift
reward, relief, atd. subsidy or an:- payment, whether
in cash or k~.1d, provided by the State Government
directly or through a government body to an
individual or a family and includes such other
benefits as ma:r ue notified by the State Government
from time to time;
(p) ·records of entitlement'' means records of public
welfare benefits and services under any programme
or scheme for which any family or any of its
members is entitled to:
(q) ' Registrar" means any entity authorised or
recognised by the Authority for the purpose of
enrolments under this Act; .
(r) "regulations" means the regulations made by the
Authority under this Act;
(s) ·requesting entity" means a Government
Department or government body that submits the
Bhamashah card number and demographic
information to the Bhamashah Resident Data Hub
for authentication;
(t) "resident", with all its grammatical variations,
means a resident who has resided in a local area of
Rajasthan for the past six months or more or a
person who intends to reside in that area for the next
six months or more;
(u) "Bhamashah Resident Data Hub" means the
Bhamashah Resident Data Hub created under
section 6;
(v) "rules" means the rules made by the State
Government under this Act;
(w) ''service" means any provision, facility, utility or
any other assistance provided in any form to a
family or an individual and includes such other
services as may be notified by the State
Oovernment from time to time.
(x) "verification" means the process of verifying the
correctness of the demographic data submitted by
m 4 (W)
(n)
(0)
(p)
(q)
(S)
(U)
(V)
W W—fifl‘ita 2917 7,3,1 (25)
"prescribed” means prescribed by rules made under
this Act;
“public welfare benefits" means any advantage, gift,
reward, relief, aid, subsidy or any payment, whether
in cash or kmd, provided by the State Government
directly or through a government body to an
individual or a family and includes such other
benefits as may‘oe notified by the State Govemment
from time to time;
"records of entitlement” means records of public
welfare benefits and services under any programme
or scheme for which any family or any of its
members is entitled to;
"Registrar" means any entity authorised or
recognised by the Authority for the purpose of
enrolments under this Act; .
"regulations” means the regulations made by the
Authority under this Act;
"requesting entity” means a Government
Department or government body that submits the
Bhamashah card number and demographic
information to the Bhamashah Resident Data Hub
for authentication;
"resident", with all its grammatical variations,
means a resident who has resided in a local area of
Rajasthan for the past six months or more or a
person who intends to reside in that area for the next
six months or more;
“Bhamashah Resident Data Hub” means the
Bhamashah Resident Data Hub created under
section 6;
“rules” means the rules made by the State
Government under this Act;
(w) “service” means any provision, facility, utility or
(X)
any other assistance provided in any form to a
family or an individual and includes such other
services as may be notified by the State
Govemment from time to time.
"verification" means the process of verifying the
correctness of the demographic data submitted by
25
'l{fTf 4 _((fl)
ihe H1:ad of thl' Fa111i!y or an:, t·dult m<.:mb:r at th1:
tinie of enrolment
CHA? l'ER-11
E11rclmenl
3. E11rol111e11f.- (}) Eve1y family residing in the Stale sl.ali
he entitled, through its head ur through .tny c.1di.i1 m~mber lo
o/Jwin Bhammliah Card b} \.tlnnil';.,.!, demog ·aphic i11/ormalivn
and rc:cord of cmitll'ment of all its memhers i11 the prescribed
111w11w r.
(2) Un rec ... ipt of 1he demographic i11form11tiun and recor<I
u/ entille111en1 o{!he memhc .. c~f 11,-. fumi~i wider \·11h-sc: 1w11 (1).
the Al'thority ,,hall. afier verifYinK the information Ill such mamwr,
os may be /lrt!~tnbed enrcl th\! family and assign tv the family a
u11i11ue Blwmwlwh idt!ntificatio11 numbe!I'. wluch is a unique seveli
ht xo-dc:c..i•11rt/ r"ndom number.
4. Properties of a Bh~mashah number.- (l)A Bhamashab
numb""r assigned to a far1ily is a unique seven hexa-decimal
random numbPr and 1t shall not be re-assigned to .-Il} other family.
(2) A Bl1amashah number shall b~ a random number and
k<'l no relation to the attributec:: or idcntitv of the Bhamashah
number holder.
(3) A B'1an1dshah numb~r. in physical or eledronic form
:-ubject to authentication :-ind other conditions, as may be
prescribed. sh,ul be acl..cpted as proof of identity and proof of
addrt:ss oi th1... tarnily 'lkmlier5 for the purpose of public welfare
b~ndits <ind se1 vice::; and ,,..,_, also be accept\.!d as proof of identity
and p0'l1of of adJress for any othi.:r pm pose.
Explanation.- For the purposes of this sub-s<.:ction, the
e\pression · ekclronic form' shall have the same mt.:aning as
hs;gned tu it in clause (r) of sub-section ( 1) of section 2 of the
Infonnation TechmJlogy Act, 2000 (Central Act 0.o. 21 of 2000).
S. Rlum as/lqlz card.-(1) On enrolment under ~ection 3, the
/1 utlwrity sha/1 1ss11r to the nead of the family a Bhamasnah Card
i 11 .\ w:;r for n, in .\ uch manner and un payment rf such fees, if any,
m· may he pn.\cribed.
(2) ff anv member of the family so desire\ by an upplication
mad.: in this beha(f; he may also be issued an additional
Hlwmashah cw d in .rnch form, in such manner and on payment of
.wrhfee.>, ~(an " as may he prescribed
(26) WT; T m:T Ti-13-20_17_ T?! if?)
the lit-ad of the Family or any adult member at the
time of enrolment.
CHAP F ER-ll
Enrolment
3. Enrolment.- (1) Every jizmily residing in the State shall
be entitled. through its head or through any adult member, to
nhluin Bhanmsltah Card by submitting demographic inlbrmution
and record of entitlement of all its members in the prescribed
manner.
(2) On receipt ofthe demographic information and record
q/t'ntillement o/"the members of the family under sub-section (1),
the Authorit y shall, after vert‘fi/ing the information in such manner,
as may be prescribed, enrol the family and assign to the family a
unique Bhumushah identification number. which is a unique seven
iit.\'u-Lleci.1lml random number.
4._Propcrties of a Bhamashah number.- (1)A Bhamashah
number assigned to a family is a unique sevcn hexa—decimal
random number and it shall not be re-assigned to any other family.
(2) A Bhamashah number shall be a random number and
bear no relation to the attributes or identity of the Bhamashah
number holder.
(3) A Bhamashah number, in physical or electronic form
subject to authentication and other conditions, as may be
prescribed, shall be acceptedas proof of identity and proof of
address of the family members for the purpose of public welfare
benefits and services and may also be accepted as proof of identity
and proof of address for any other purpose.
Explanation.- For the purposes of this sub—section, the
expression "electronic form” shall have the same meaning as
assigned to it in clause (r) of sub-section (1) of section 2 of the
lnfonnation Technology Act, 2000 (Central Act No. 21 of 2000).
5. Blmmaslmlz cant-(1) 0n enrolment under section 3, the
Authority shall issue to the head of the family a Bhamashah Card
in .mchfarm, in such manner and on payment of such fees, if any,
as may be prescribed.
(2) If any member of the family so desires by an application
made in this behalf: he may also be issued an additional
lihamashah card in such form, in such manner and on payment of
.mrhfees, {fan}: as may be prescribed.
xl'3He.ff;; ~\if-~:;{ ~-18.t.. 0 rt
CHAPf 1 R-Ill
31 ~7~
Blumuuhalt Resident Dat'1 II11b mu! Prottclio1t of
I11/ormatio11
6. Cre:rtfo11 of Blwmt1sltah Kcsideu: 1)uta Hul - ( i J 1 I
Authoritv shall 1 ret!le .ind 11wint,•il1 a d. /O(}( •·e uf d~1t11Jp1aphi
infu1111 ;rion and rec:o1·d ~1 e;1/i1iem1·n ~/all 111c: B1;a11wsi:t1h '...nl
h'Ji..!iJn i1; .,u,·.1 ,,. •.mer 1.1> may b'- ~· ... ,c1ib1.:J.
(21 71ze :111l,ority may enga,t,e m:y ugellL')' en ·, 1.w_1 • 'e
up1>rupritu..:, to create and maintain /he Piwmaslwl; Residem Dw
flub wul Iv p.:1Jorm any v1herfimc1iom relunng 10th!! Bhuma;/wl1
Rc..,ide1, nata 1 /uh a~ may I..: pre~c .·ib,·d.
7. Seem ity and cohfi<leutialit~ of information.- (I) Tho?
Aut!1onty. St'..iil ensure th' security and confi !cnt:atit~ tif thl.'. <li:!la
in I31rnma::,h:.h ){csidcnt Data Hub.
(~) Wilhout pn.jud1c..:! to tLt..· gcner .... lit~ 01' sub·Sl' ... lion (1 J,
ti l :\uthority sh.ii l-
la) .iJopt and implement arpwpn m. tedrnic~l ::ind
orgamsacional secunty mc&:s1.1re::>,
tb) 1.nsun .. tnat the ag1.nc1es. consul<ants. udv1sor~ 1)1'
other rersons appointed or engagd for pcrformir:e_
any function of ihe Autho1 ity under thb Act. hav.:
in plac,e uppropnc!1t' techmcal and organb&t1oi.·d
securi1y mc ... surc::. for tli..: infonnaLion; , 11.l
(c) c.·1c;11rc that the agr.:.-cmt.:11t~ or t 1 an;jcm nt" c:nt~'"ed
into with such agencies, consultants. advisors or
othe1 persons, impose obligat.uns equh ... knt to
:1osc impost:d or. the Authont~ u;.~ ~r this Ad, ~1.J
!cquire sucl1 ag:Pnc1es. c<'nsultants, .1dvisors or
other persons to art only on i•1c;tructions from the
utho1it}.
(3) Save as othcn'\ "sc provided in this Act. tht: A,1thorit~ or
an) of its officnrs or other employ.:es or any agency •hat maintain"
the Bhamashah Resident Data Hub shall not, whetlier duri11~ his
service or thereafter, rev1;al any information ~tured in the
l3hamashah Resident Data Hub or authtnlkation record t') anyon~
c"cept in accordance with any law for the time being in fo1 ce:
Provided thdt any information of Bhamashah card holder
stored in the Bhamashah Resident Data Hub may be r~vl:&le<l to
such holder on a rl!quest made by him in thl! matllh.'r specified in
regulations.
”£51,461” , savanna—unfit 1r. 12,017 , ,,,3,1,(27)
CHAPTER-III
Blmnmslmh Resident Dam Hub and Protection of
Information
6. Creation of Blramnslmli Resident Dn'tr Hub.— (1/ Wm»
Authority shall create Llfld maintain a (lilitll)((.§'€ of tlsmogruplri;
infurlnulion and record ofeiztiflemum' of all [he Blmmusimh guru
holders in such manner as may be prescribed.
('2) The Jul/rarity may engage any ugcm'y. (LY it may .lur-z-‘r:
quproprirnc, to create and maintain (he Bln‘unushah Resident Dam
Hub and la pentilrm any other functions reluling to [he Blmnms/mh
Resident Data Hub as may be prescribed.
7. Security and confidentiality of information.- (l) The
Authority, shall ensure the security and confidentiality of the dam
in Bhamashah Resident Data Hub.
(2) Without prejudice to the generality or” sub—section (1 ).
th‘ Authority shall-
(a) adopt and implement appropriate techniczd and
organisational security measures;
(b) ensure that the agencies. consultants. advisers or
other persons appointed or engaged for performing
any function of the Authority under this Act, have
in place appropriate technical and organisational
security measures for the information; and
(c) ensure that the agreements or arrangements entered
into with such agencies, consultants, advisors or
other persons, impose obligations equivalent to
those imposed on the Authority wider this Act, and
require such agencies, consultants, advisers or
other persons to act only on instructions from the
Authority.
(3) Save as otherwise provided in this Act. the Aurhority or
any of its officers or other employees or any agency that maintains
the Bhamashah Resident Data Hub shall not, whether during his
service or thereafter, reveal any information stored in thc
Bhamashah Resident Data Hub or authentication record to anyone
except in accordance with any law for the time being in force:
Provided that any information of Bhamashah card holder
stored in the Bhamashah Resident Data Hub may be revealed to
such holder on a request made by him in the matmcr specified in
regulations.
27
;D_~} - - - ~ mff-'tBT, 1!t 18, 20_1_7 ___ 1Wf _ _ 4---'-(Cfi)
8. Restriction on sharing information.- ( l) 1'.o
dcm<'Jrnphic information and record of entitlement of Bhamashah
car~ holder collected under this Act shall he shared with anyone,
1or any reason whatsoever,except in accordance with the
pruvisions of this Act.
(2) Bharriashah identity, demographic information and
record of entitlement shall not be published, displayed or posti>d
publicly, except for such purposes, as may be prescribed.
9. Alteration of demographic information anJ record of
entitlement.-( 1) In case any demographic information or record ot'
entitlement of a member of the Bhamashah card holder family is
found incorrect or changes subsequently, the head of the family or
any other adult member of the famil} may request the Authority to
alter such demographic information or record of entitlement, as the
case may be in the record of the family in the Bhamashah Resident
Data l lub in sucn manner, as may be prescribed.
(2) Thl' Authority may, suo moto or on receipt of any
request under sub-section (1), after such inquiry or/and verification
as it may deem fit, make such alteration as may be required in the
Bhamashah Resident Data Hub, and intimate such alteration to the
head of the family and the member concerned in the manner JS
may be prescribed.
(3) No demographic information and record of entitlement
in the Bhamashah Resident Data Hub shall be altered except in the
manner providcJ in this Act.
CHAPTER-IV
Direct Transfer of Public Welfare Benefits am/ Delivery of
Services
10. Delivery of Services.- (1) The State Government may,
for the purpose of establishing identity of a family or any of its
members, as a condition for receipt of the public welfare benefit
and scrvices,notify the list of the services under section 7 of
Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016 (Central Act No. 18of2016) to
be delivered through Bhamashah Platform.
(2)The Bhamashah number shall be mandatory for receipt
of any of the public welfare benefits and services notified under
sub-section (1).
31 (23), ‘W W413, Him, 2017 am 4 (gg)
8. Restriction on sharing inl'ormation.- (1) No
demographic information and record of entitlement of Bhamashah
card holder collected under this Act shall be shared with anyone,
for any reason whatsoever,except in accordance with the
provisions of this Act.
(2) Bhamashah identity, demographic information and
record of entitlement shall not be published. displayed or posted
publicly, except for such purposes, as may be prescribed.
9. Alteration of demographic information and record of
entitlement. -(l) In case any demographic information or record 01
entitlement of a member of the Bhamashah card holder family is
found incorrect or changes subsequently, the head of the family or
any other adult member of the family may request the Authority to
alter such demographic information or record of entitlement, as the
case may be in the record of the family in the Bhamashah Resident
Data liub in such mamier, as may be prescribed.
(2) The Authority may, sue mom or on receipt of any
request under sub-section (1 ), after such inquiry or/and verification
as it may deem fit, make such alteration as may be required in the
Bhamashah Resident Data Hub, and intimate such alteration to the
head of the family and the member concerned in the manner as ‘
may be prescribed.
(3) No demographic information and record of entitlement
in the Bhamashah Resident Data Hub shall be altered except in the
manner provided in this Act.
CHAPTER-1V
Direct Transfer of Public Welfare Benefits and Delivery of
Services
10. Delivery of Services.- (1) The State Government may.
for the purpose of establishing identity of a family or any of its
members, as a condition for receipt of the public welfare benefit
and services,notify the list of the services under section 7 of
Aadhaar (Targeted Delivery of Financial and Other Subsidies.
Benefits and Services) Act, 2016 (Central Act No. 18 of 2016) to
be delivered through Bhamashah Platform.
(2)The Bhamashah number shall be mandatory for receipt
of any of the public welfare benefits and services notified under
sub-section (1).
‘28
~ 4 (er>) -~ XT\il-'C1;l, l!{ 18, 2017 31 (29)
(3) Thi.! Authority shall endeavour to dd1vcr the public
welfare benefits and services to the beneficiaries at their doorsteps
or at the places nearby to their residences.
11. Direct transfer of benefit to the beneficiary.- The
State Government may, by notification, specify that any public
welfare benefit. whenever such benefits are in the nature of ca~h
shall, after authentication, be transferred directly to the bank
account or mobile wallet of the beneficiary, and in case the public..
welfare benefits pertain to a family, to the bank account of the
head of the family, in such manner, as may be prescribed.
12. Use of Bhamashah Resident Data Hub for Service
<le livery.- ( l )The State Government, through government
department or govl:mment body shall deliver all the public welfare
benefits and services as notified under section l 0 and
section} 1,after authentication, through the Bhamashah Platform.
(2)Every department shall, seed its departmental database
of a family 01 any of it~ members pertaining to public welfarl.!
benefits notified under section 11 with the Bhamashah number,
bank account number and aadhaar number in such manner, as may
be prescribed.
(3) Once the seeding of the departmental database is,
completed. the departments shall not create any further database at
its own level and shall use demographic information and record of
entitlement of a family or any of its members available in
Bhamashah Resident Data Hub for transfer of any public welfare
benefits and delivery of service in future.
13. Transaction mapper.- Every transaction of subsidy.
benefit or service notified under section 7 of Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016 (Central Act No. 18 of 2016) and the public welfare
benefits notified under section 11 shall be recorded electronically
in such manner. as may be prescribed.
14. Social Audit.- Social audit of the delivery of public
welfare benefits shall be conducted at such intervals and in such
manner, as may be prescribed in the Gram Sabhas in rural areas
and the Ward Committees in urban areas or any other forum
specified by the State Government by notification.
Explanation.- For the purpose of this section, the
expression "Gram Sabha" and 11Ward Committee" shall have same
ml!aning U!> assigned to them respectively in the Rajasthan
am 4 (a?) W WWI—“fit, Hg 18, 2017 31 (29)
(3) The Authority shall endeavour to deliver the public
welfare benefits and services to the beneficiaries at their doorsteps
or at the places nearby to their residences.
11. Direct transfer of benefit to the beneficiary.- The
State Government may, by notification, specify that any public
welfare benefit. whenever such benefits are in the nature of cash
shall, afier authentication, be transferred directly to the bank
account or mobile wallet of the beneficiary, and in case the public
welfare benefits pertain to a family. to the bank account of the
head of the family. in such manner, as may be prescribed.
12. Use of Bhamashah Resident Data Hub for Service
delivery.- (l)The State Government, through government
department or government body shall deliver all the public welfare
benefits and services as notified under section l0 and
section] l,after authentication, through the Bhamashah Platform.
(2)Every department shall, seed its departmental database
of a family or any of its members pertaining to public welfare
benefits notified under section 11 with the Bhamashah number,
bank account number and aadhaar number in such manner, as may
be prescribed. .
(3) Once the seeding of the departmental database is‘
completed. the departments shall not create any further database at
its own level and shall use demographic information and record of
entitlement of a family or any of its members available in
Bhamashah Resident Data Hub for transfer of any public welfare
benefits and delivery of service in future.
13. Transaction mapper.- Every transaction of subsidy,
benefit or service notified under section 7 of Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016 (Central Act No. 18 of 2016) and the public welfare
benefits notified under section 11 shall be recorded electronically
in such manner. as may be prescribed.
14. Social Audit.- Social audit of the delivery of public
welfare benefits shall be conducted at such intervals and in such
manner, as may be prescribed in the Gram Sabhas in rural areas
and the Ward Committees in urban areas or any other forum
specified by the State Government by notification.
Explanation.- For the purpose of this section, the
expression "Gram Sabha“ and "Ward Committee" shall have same
meaning as assigned to them respectively in the Rajasthan
29
31j30) __
Panchayali Raj Act, 1994 (Act No.23 of 1994) anc1 th..: Raj.isth::u
'.Vlunicipalifes Act 2009 (Act No.18 of2009).
CHAPTER-V
A 11tlie11ticatiu11
15. Proof of Bhamashah number necessary for receipt
of Public \Velfarc Ilrnefits and services.- fhe Stace Government
n.a), for the purpose <1f .:stablishmg idemit) of a family or ;l:s atl)
mt:mbcr as a condition for r~ceipt of a public welfare bcncfo and
services for which the expenditure is incurred from the
Consolidated Fund of the State, require that such family or its
such im ,nber undergo authentication or furnish proof of pvsst.:ssi o1~
uf Blnmashah number or in the case of a family to whom 110
Bhamnshah number hns been assigned such family makes an
applic:mo11 for cnrohnent:
l'rovide<l that if a Bu.:imashah number is nol ... ssigned to <.!
family or its member, they :;hall be offrrrd alternate and vi ... ble
means of 1denti ti cation for delivery of the public welfare benefit
'lml scrvi~es.
16. Pro' idmg facilit) for Authentication.- The Authont)
shall, through such el~ctronic platform, as Pla}' be decided by it.
provide facility to the requesting entity fo1 the authentication.
CllAPTEll-Vl
Blwmas/zalz A 11t/10rity
17. Establis/1111c?11t • and Co11stit11tio11 of tlte •
Autlwrity - (1) T11e {}/ale Government shall, as soon as may be,
afier c:ommer.c~'ntent of !his Act, by notification, establish and
constitute an Ai ilwrity lo be called as the Bhamashah ,-1uthority to
exercise power.' and discharge functions o.f the Aullwrity zmdc.r
this .4c or the ru/t>s or regulatwm made: the1 cunder
(2) The Authority shall be a body corporate by Jhe name
aforesaid, havi11g perpetual successron and a common seed, wilh
power, sub/eel o the provisions uf this Au, to acqwre, hold and
di.\pose of properly, both movable and immovable, and to conlract
ancl shall, by lhc: said name, sue or be sued
(3) The headquarters of lhiJ Authority shall be al Jaipur.
(./) The .1ulhorily may, wilh lhe prior approval of the Stale
Gorernment, establish its offices al other places in the Stale.
18. Powers and functions of the Authority.- The
Authority shall exercise the following powers and discharge the
following functions, namely:-
‘31 (301 7 v W not—us, 117% 13, 2017 not 44a?)
l’anchayati Raj Act, 1994 (Act No.23 of 1994}I and the Rajasthan
Municipalities Act. 2009 (Act No.18 of 2009).
CHAPTERJ’
A uthcnticotiun
15. Proof of Bhamashalt number necessary for receipt
of Public Welfare Benefits and services.- The State Government
may, for the purpose of establishing identity of a family or its any
member, as a condition for receipt of a public welfare benefit and
services for which the expenditure is incurred from the
Consolidated Fund of the State, require that such family or its
such member undergo authentication or furnish proof of possession
of Bhamashah number or in the case of a family to whom no
Bhamashah number has been assigned. such family makes an
application for enrolment:
Provided that if a Biiamashah number is not assigned to a
family or its member, they shall be offered alternate and viable
means of identification for delivery of the public welfare benefit
and services.
16. Providing facility for Authentication.- The Authority
shall, through such electronic platform, as may be decided by it,
provide facility to the requesting entity for the authentication.
CHAPTER-VI
Bltamashah Authority
[7. Establishment . and Constitution of the
Atitltttrity.- (I) The State Government shall, as soon as may be,
other commencement of this Act, by notification, establish and
constitute an Authority to be called as the Bhamashah Authority to
exercise powers and discharge functions of the Authority under
[his A t or the rules or regulations made thereunder.
(2) The Authority shall be a body corporate by the name
ajbresaid, having perpetual succession and a common seal, with
power, subject to the provisions of this Act, to acquire, hold and
dispose of property, both movable and immovable, and to contract
and shall, by thc said name, sue or be sued.
(3) The headquarters of the Authority shall be at Jaipur.
(4) The Authority may, with the prior approval of the Sta/c
Government, establish its oflices at other places in the State.
18. Powers and functions of the Authority.- The
Authority shall exercise the following powers and discharge the
following functions, namely:-
30
1WT 4 (q;l_ -- . -~ -~1.:::1-::tf?f. _11}f 18 20_1.L - - 31 {31)
(a) specif~·irig, by regulations ~t'.L terms and c0nditi ("\ns
to•· arooi11tmt.·nt of ReL~istrars and enrollirn.?.
~ ~
agencies and rr\·ocation 0f ~1ppointments th1.:reot:
(b) to expand existing electronic infrastructure for
c.hJin:r) of public welfare b1.nefits and othc1
services to the bcnefici'.lries;
( c) to create, m0nitor and maintain
Resident Data I Iub;
Blv.m1ashah
( d) tu frame pulic) for the use of the Bhamashah
Resident Data Hub;
( e) to recommend to the State Government for adding
new services to the Bhamashah platform,
(f) to take appropriate steps for financinl inclusion of
the residents of the State in collaboration with the
Ii ne agencies;
(g) to monitor the implementation of its
recommendations;
(h) to coordinate between different Government
departments and government bodies;
(i) to monitor public welfare benefits and service::-
provided through Bhamashah Platform;
0) to frame and amend the regulations;
(k) to appoint committees or task forces or groups or
sub-committees as may be neces::.ar) to assist the
:\uthority in discharge of its functions and powers ;
(1) to invite experts as and when required to its
meetings;
(m) to acquire by purchase. exchange, least!, hire or
otherwise any property movable or immovable n<>
may be necessary or convenient for carrying on the
nctivities of the Authority;
(n) to accept, aid, donation, gift or any otht!r
assistance;
( o) tu borrow nh)nev from GoYernment, Banl1o.s,
rinancial Institutions with prior approval of the
State Government:
(p) to exercise such olh.;r powers and discharge such
other functions ns may be n1.:cessar), incidental or
11111 4 (6:31
W 11—11-51 was? 18 2017 31 _(3_1)_
(a)
i (b)
(C)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(k)
(1)
specifV' mg. by regulations the terms and conditions
tor anpointment of Registrars and enrolling
agencies and rc1 ocation of appointments thereot;
to expand existing electronic infrastructure for
delivery of public welfare benefits and other
services to the beneficiaries;
to create, monitor and maintain Bhumashah
Resident Data Hub;
to frame policy for the use of the Bhamashah
Resident Data Hub;
to recommend to the State Government for adding
new services to the Bhamashah platform;
to take appropriate steps for financial inclusion of
the residents of the State in collaboration with the
line agencies;
to monitor the implementation of its
recommendations;
to coordinate between different Government
departments and government bodies;
to monitor public welfare benefits and services
provided through Bhamashah Platform;
to frame and amend the regulations;
to appoint committees or task forces or groups or
sub-committees as may be necessary to assist the
Authority in discharge of its functions and powers;
to invite experts as and when required to its
meetings;
(In) to acquire by purchase, exchange, lease, hire 01'
(I1)
(0)
(1))
otherwise any property movable or immovable as
may be necessary or convenient for carrying on the
activities of the Authority;
to accept, aid, donation, gifl or any other
assistance;
to borrow money from Government, Banks.
Financial Institutions with prior approval of the
State Govemment;
to exercise such other powers and discharge such
other functions as may be necessary, incidental or
31
conducive, for carrying out the purposes of this Act.
19. Composition of the Bhamashah Authority.- fhe
Authvrity shall consist of the following, namcly:-
(i) A Chm·pt:rson \\ho shall be a per~on of the rank
of the Chief Secretary to the Government, or a
person having experience and knowledge in the
matters relating to technology, governance, law,
development, economics, finance, management.
public affairs or administration and shall be
appointed by the State Government;
°(ii) Not less than three and not more than five oflicial
members, to be appointed by the State
Government from amongst the Secretaries in-
charge or Heads of Departments of the State
Government, necessaril} from the Finance
Department and Administralive Deaprtment
concerned;
Explanation.- For the purposes of this clause,-
(a) the expression ''Secretary in-charge'' means the
Secretary to the Government in-charge of a
department and includes an Additional Chief
Secretary or a Principal Secretary when he is
in-charge of a department; aud
(b) the expression "Head of the Department" shall
have the same meaning as assigned to it in
clause 11 of rule 7 of the Rajn~than Service
Rules, 1951,
(iii) Not exceeding two, non-official members from
amongst the persons having experience and
knowledge in the matters relating to technology,
governance, law, development, economics, finance,
management, public affairs or administration to be
nominated by the State Government;
(iv) fhe Director General of the Authority, who shall be
Member- Secretary of the Authority.
20. Term of office and other conditions of service of
non-official Chairperson and the non-official members.- (1)
The non-official Chairperson or a non-official member of the
Authority shall hold office for a term of three years from the date
on which he enters upon his office or during the pleasure of the
State Government, whichever is earlier.
3,1,ogl__ my:fl.fi_1m__fl_4fl
conducive, for carrying out the purposes of this Act.
19. Composition of the Bhamashah Authority.- The
Authority shall consist of the following, namely:-
(i) A Chairperson who shall be a person of the rank
of the Chief Secretary to the Government, or a
person having experience and knowledge in the
matters relating to technology, governance, law,
development, economics, finance. management.
public affairs or administration and shall be
appointed by the State Government;
'(ii) Not less than three and not more than five official
members. to be appointed by the State
Government from amongst the Secretaries in—
charge or Heads of Departments of the State
Government, necessarily from the Finance
Department and Administrative Deaprtment
concerned;
Explanation.- For the purposes of this clause,-
(a) the expression “Secretary in-charge" means the
Secretary to the Government in-charge of a
department and includes an Additional Chief
Secretary or a Principal Secretary when he is
in—charge of a department; and
(b) the expression “Head of the Department” shall
have the same meaning as assigned to it in
clause 11 of rule 7 of the Rajasthan Service
Rules, 1951;
(iii) Not exceeding two. non-official members from
amongst the persons having experience and
knowledge in the matters relating to technology,
govemance, law, development, economics, finance,
management, public affairs or administration to be
nominated by the State Government;
(iv) The Director General of the Authority, who shall be
Member— Secretary of the Authority.
20. Term of office and other conditions of service of
non-official Chairperson and the non-official members.- (1)
The non-official Chairperson or a non-official member of the
Authority shall hold office for a term of three years from the date
on which he enters upon his office or during the pleasure of the
State Government, whichever is earlier.
32
1WT 4 ("CP) 31 (33)
(2) The salaries and allowances payable to, and other
terms and conditions of service of the non-official Chairperson and
a non-official member shall be such as may be prescribed.
(3) The non-official Chairperson or a non-official member
may resign his office by giving notice in writing to the State
Government and on such resignation being accepted by the State
Government, such non-official Chairperson or a non-official
members, as the case may be, shall be deemed to have vacated his
office.
21. Meetings of the Authority.- (1) The Authority shall
meet at least once in a year at such place and such time as its
Chairperson may decide and shall observe such rules of procedure,
including quorum at such meetings, in regard to the transaction of
the business at its meetings, as may be laid down by regulations.
(2) The Chairperson, or, if for any reason he is unable to
attend any meeting of the Authority, any other member chosen by
the members present at the meeting, shall preside over the meeting.
(3) All questions which come up before any meeting of the
Authority shall be decided by a majority of the votes of the
members present and voting, and, in the event of an equality of
votes, the Chairperson, or in his absence, the person presiding,
shall have and exercise a second or casting vote.
22. Constitution of the Executive Committee.- (1) There
shall be an Executive Committee of the Authority consisting of the
following, namdy: -
(i) Director Genera] of the Authority Chairperson;
· (ii) an officer not below the rank of a
Joint Secretary nominated·by the
Finance Department
(iii) Director of Information Technology
and Communication Department
(iv) Director and Joint Secretary,
Economics and Statistics Department
Member;
Member;
Member-
Secretary.
(2) The Executive Committee shall exercise such powers and
perform such duties as may be delegated to it by the Authority from
time to time.
(3) The Executive Committee shall meet at least once in
thrl!e months at such place and such time, as its Chairperson may
HT'T 4 (is) ‘ y W was, He 18,_2017 31 (33)
(2) The salaries and allowances payable to, and other
terms and conditions of service ofthe non-oflicial Chairperson and
a non~oflicial member shall be such as may be prescribed
(3) The non-official Chairperson or a non-official member
may resign his ofiice by giving notice in writing to the State
Govemment and on such resignation being accepted by the State
Government, such non-official Chairperson or a non—official
members, as the case may be, shall be deemed to have vacated his
office. .
21. Meetings of the Authority.- (1) The Authority shall
meet at least once in a year at such place and such time as its
Chairperson may decide and shall observe such rules of procedure,
including quorum at such meetings, in regard to the transaction of
the business at its meetings, as may be laid down by regulations.
(2) The Chairperson, or, if for any reason he is unable to
attend any meeting of the Authority, any other member chosen by
the members present at the meeting, shall preside over the meeting.
(3) All questions which come up before any meeting of the
Authority shall be decided by a majority of the votes of the
members present and voting, and, in the event of an equality of
votes, the Chairperson, or in his absence, the person presiding,
shall have and exercise a second or casting vote.
22. Constitution of the Executive Committee.- (1) There
shall be an Executive Committee of the Authority consisting of the
following, namely: -
(i) Director General of the Authority Chairperson;
‘ (ii) an officer not below the rank of a Member;
Joint Secretary nominated-by the
F inancc Department
(iii) Director of Information Technology Member;
and Communication Department
(iv) Director and Joint Secretary, Member-
Economics and Statistics Department Secretary.
(2) The Executive Committee shall exercise such powers and
perform such duties as may be delegated to it by the Authority from
time to time.
(3) The Executive Committee shall meet at least once in
three months at such place and such time, as its Chairperson may
33
~ XT\11-lf?I, l1-{ 18, 2017
uecide and shall observe such rule3 of procedure, including
quorum at such meetings. in regard to the transaction of the
business at its meetings, as may be laid down by regulations.
(4) The Chairperson or, if for any reason he is unable to
attend any meeting of the Executive Committee, any other membei
chosen by the members present at the meeting shall preside over
the meeting.
(5) All questions which come up before any meeting of the
Executive Committee shall be decided by a majority of the votes of
the members present and voting, and, in the event of an equality of
votes, the Chairperson, or in his absence, the person presiding,
shall have and exercise a second or casting vote.
23. Authentication of orders of the Authority and
Executive Committee.- All orders, decisions a11d other
instruments of the Authority and the Executive Committee shall be
authenticated b) the signatures of the Chairperson of the Authority
or, as the case may be, the Executive Committee or any other
member or any officer of the Authority or, as the case may be, the
Executive Committee authorized by it in this behalf.
24. Appointment of tile Director Genera/ and his powers,
function am/ duties .- There shall be appointed by the State
Government an officer not below the rank of the Secretary to the
Government to be the Director General of the Authority. He shall,
subject to the general control of the Authority, exercise the
' following powers, perform the following functions and discharge
the following duties, namely-
(a) to supervise and control all officers and sermnls
of the Authority;
(b) to work out modalities of delivery of the public
welfare benefits and other services and ensure
their effective monitoring and implementation ,
(c) 10 manage the properties, records and funds of the
Authority;
(d) to maintain true and proper accounts of the
Authority including checking and auditing in
respect thereof periodically ;
(e) to prepaJ:e annual income and expenditure
accounts and balance sheet of the Authority;
(/) to maintain up-lo-date and complete statistical
information, including progress made in the
implementation of various programmes from time
31 (34), , 7 ,W net—1H, a? 18, 2017” ___ arm 4 (as)
decide and shall observe such rules of procedure, including
quorum at such meetings. in regard to the transaction of the
business at its meetings, as may be laid down by regulations.
(4) The Chairperson or, if for any reason he is unable to
attend any meeting of the Executive Committee, any other member
chosen by the members present at the meeting shall preside over
the meeting.
(5) All questions which come up before any meeting of the
Executive Committee shall be decided by a majority of the votes of
the members present and voting, and, in the event of an equality of
votes, the Chairperson, or in his absence, the person presiding,
shall have and exercise a second or casting vote.
23. Authentication of orders of the Authority and
Executive Committee.- All orders, decisions and other
instruments of the Authority and the Executive Committee shall be
authenticated by the signatures of the Chairperson of the Authority
or. as the case may be, the Executive Committee or any other
member or any officer of the Authority or. as the case may be, the
Executive Committee authorized by it in this behalf.
24. Appointment of the Director General and Iris powers,
function am! duties .- There shall be appointed by the State
Government an oflicer not below the rank of the Secretary to the
Government to be the Director General of the Authority. He shall,
subject to the general control of the Authority, exercise the
.\ following powers, perform the following functions and discharge
the following duties, namely:-
(a) to supervise and control all officers and servants
of the Authority;
(b) to work out modalities of delivery of the public
welfare benefits and other services and ensure
their effective monitoring and implementation ;
(c) to manage the properties, records and funds of the
Authority;
(d) to maintain true and proper accounts of the
Authority including checking and auditing in
respect thereof periodically ,'
(e) to prepare annual income and expenditure
accounts and balance sheet of the Authority;
m to maintain up-to-date and complete statistical
information, including progress made in the
implementation of various programmes from time
34
~ 4 (i) 31 (35)
to time;
(g) to process project proposals for financial
assistance a{'id issue utilization certificates thereof;
(h) to convene . meetings, seminars and workshops
connlcted with the main objectives of the
Authority and preparation of reports and follow-
11p action thereon;
(i) to produce video,'· documentmy films, publicity
material, literature and publications to inform
general public about the various aspects of the
Authority; and
(j) to perform such other fimctions as may be
delegated to him by the the Authority.
25. Appointment of officers and employees.- (1) The
Authority may, with the prior approval of the State Government,
create such number and category of posts of officers and other .
employees in the Authority as it may consider necessary to carry'
out its functiom under this Act and may make appointment thereto.
(2) The "salary and allowances and other terms and
conditions of service of the officers and employees of the Authority
shall be such as may be determined by the Authority by regulations
with the prior approval of the State Government and shall be paid
out from the Fund.
CHAPTER-VII
Grants, Accounts, Audit and Annual Report
26. Grants by tile State Government to tlie Authority.- The
" State Government shall, after due appropriation made by the State
Legislature by law in this behalf, pay to the Authority by way of
grants such sum of money as the State Government may think fit
for being utilise for the purposes of this Act.
27. Fund of the Authority.- (1) There shall be established
a fund known as the Bhamashah Authority Fund for the purposes
of this Act.
(2) In addition to the sum of money paid by the State
Government under section 26, the following shall be credited to
the Fund, namely:-
(a) aids, donations, gifts and loans raised by the
Authority;
(b) any sum of money received by the Authority by way
of fees;
(c) any other sum of money received by the Authority.
arm 4 (an) Vm‘tenn “flown, we: 18, 2017 31 (35)
to time;
(g) to process project proposals for financial
assistance and issue utilization certificates thereof?
(It) to convene ’meetings’ seminars and workshops
conndcted with the main objectives of the
Authority and preparation of reports and follow-
up action thereo'n',‘
(i) to produce video," documentary films, publicity
material, literature and publications to inform
general public about the various aspects of the
Authority: and
(i) to perform such other functions as may be
delegated to him by the the Authority.
25. Appointment of officers and employees.- (I) The
Authority may. with the prior approval of the State Government,
create such number and category of posts of ofi‘icers and other.
employees in the Authority as it may consider necessary to carry'
out its functions under this Act and may make appointment thereto.
(2) The salary and allowances and other terms and
conditions of service of the ofiicers and employees of the Authority
shall be such as may be determined by the Authority by regulations
with the prior approval of the State Government and shall be paid
out from the Fund.
CHAPTER-VII
Grants, Accounts, Audit and Annual Report
26. Grants by the State Government to the Antlmrity.- The
State Government shall, after due appropriation made by the State
Legislature by law in this behalf pay to the Authority by way of
grants such sum of money as the State Government may think fit
for being utiliseflrr the purposes of this Act.
27. Fund of the Authority.- (1) There shall be established
a fund known as the Bhamashah Authority Fund for the purposes
of this Act. t
(2) In addition to the sum of money paid by the State
Government under section 26, the following shall be credited to
the Fund, namely:-
(a) aids, donations, gifts and loans raised by the
Authority;
(b) any sum of money received by the Authority by way
of fees;
(c) any other sum of money received by the Authority.
35
31 (36) 1WT 4 (en)
(3) The Fund shall be utilised by the Authority to meet out
the expenses incurred in the carrying out the purposes of this Act
including the payment of allowances to the non-official
Chairperson and the non-official members of the Authority,
payment of salaries and allowances to the officers and staff of the
Authority.
28. Budget of the Authority.- (l)The Authority shall
prepare in each financial year, in such form and at such time as
may be prescribed, its budget for the next financial year, showing
the estimated receipts and expenditure of the Authority and
forwar'd the same for the approval of the State Government.
(2) The Authority shall not incur any expenditure otherwise
than in accordance with the budget provisions as approved by the
State Government.
29. Annual report.- The Authority shall prepare, in such
form and at such time as may be prescribed, its annual report,
giving a full account of its activities during the previous financial
year and its plans for the forthcoming year, and submit a copy
thereof to the State Government. Every annual report shall also
contain a revie\\ of the performance of the Authority in respect of
the plans contained in the preceding annual report.
30. Accounts and audit.- (1) The accounts of the Authority
shall be maintained in such form and manner as may be prescribed
and shall be audited by the Director of Local Fund Audit
Department or by such other person or body as the State
Government may determine from time to time.
(2) The Authority shall furnish to the State Government
before such date as may be prescribed a copy of its audited
accounts togethL·r with the auditor's report thereon.
31. Annual report and auditor's report to be laid before
the State Lcgislature.-The State Government shall cause the
annual report of the Authority and the auditor's report to be laid, as
soon as may be, after they are received, before the House of the
State Legislature.
CHAPTER-VIII
Offe11ctts and Pe11a/ties
32. Pena lty for non-compliance of provisions relating to
security and confidentiality of information.- Whoever shares or
publishes the demographic information and record of entitlement
of a Bhamashah card holder in contravention of the section 7 shall
be punishable with fine which may extend to ten thousand rupees
31 (36) _ W oer—war, Hi 18, 2017 5m 4 (a?)
(3) The Fund shall be utilised by the Authority to meet out
the expenses incurred in the carrying out the purposes of this Act
including the payment of allowances to the non-official
Chairperson and the non-official members of the Authority,
payment of salaries and allowances to the officers and staff of the
Authority.
28. Budget of the Authority.- (1)The Authority shall
prepare in each financial year, in such form and at such time as
may be prescribed, its budget for the next financial year, showing
the estimated receipts and expenditure of the Authority and
forward the same for the approval of the State Government.
(2) The Authority shall not incur any expenditure otherwise
than in accordance with the budget provisions as approved by the
State Government.
29. Annual report.- The Authority shall prepare, in such
form and at such time as may be prescribed, its annual report,
giving a full account of its activities during the previous financial
year and its plans for the forthcoming year, and submit a copy
thereof to the State Govemment. Every annual report shall also
contain a review of the performance of the Authority in respect of
the plans contained in the preceding annual report.
30. Accounts and audit.- (1) The accounts of the Authority
shall be maintained in such form and manner as may be prescribed
and shall be audited by the Director of Local Fund Audit
Department or by such other person or body as the State
Government may determine from time to time.
(2) The Authority shall furnish to the State Government
before such date as may be prescribed a copy of its audited
accounts together with the auditor’s report thereon.
31. Annual report and auditor’s report to be laid before
the State Legislature-The State Government shall cause the
annual report of the Authority and the auditor’s report to be laid, as
soon as may be, afier they are received, before the House of the
State Legislature.
CHAPTER-VIII
Offences and Penalties
32. Penalty for non-compliance of provisions relating to
security and confidentiality of information.- Whoever shares or
publishes the demographic information and record of entitlement
of a Bhamashah card holder in contravention of the section 7 shall
be punishable with fine which may extend to ten thousand rupees
36
11T7T 4 (en) ~ Xl\If-lBf, ~ 18, 2017 31 (37)
and shall be liable to compensate the person who is adversely
affected by such failure.
33. Penalty for unauthorised use by requesting entity.-
Whoever, being a requesting entity, uses the identity information
of an individual in contravention of section 8 shall be punishable
with fine which may extend to ten thousand rupees and shall be
liable to compensate the person who is adversely affected by such
contravention.
34. Offences by companies.- (1) Where an offence under
this Act has been committed by a company, every person who at
the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this
Act if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (l),
where any offence under this Act has been committed by a
company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to, any neglect on
the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall
also be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
Expla11atio11.- For the purposes of this section-
(a) "company" means any body cOJ;-porate and includes a
fim1 or other associati<?n of individuals; and
(b) "director" in relation to a firm, means a partner in the
fim1.
CHAPTER-IX
Miscellaneous
35. Members, officers, etc., to be public servants.- The
Chairperson and members of the Authority and the Executive
Committee and officers and other employees of the Authority shall
be deemed, while acting or purporting to act in pursuance of any of
the provisions of this Act, to be public servants within the meaning
37 .
4m 4125) W VIE—W, a? 18, 2017 31 (37)
and shall be liable to compensate the person who is adversely
affected by such failure.
33. Penalty for unauthorised use by requesting entity.-
Whoever, being a requesting entity, uses the identity information
of an individual in contravention of section 8 shall be punishable
with fine which may extend to ten thousand rupees and shall be
liable to compensate the person who is adversely affected by such
contravention.
34. Offences by companies.- (1) Where an offence under
this Act has been committed by a company, every person who at
the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this
Act if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the
commission of such offence
(2) Notwithstanding anything contained in sub—section (1).
where any offence under this Act has been committed by a
company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to, any neglect on
the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall
also be deemed to be guilty of the offence and shall be liable to he
proceeded against and punished accordingly.
Explanation.— For the purposes of this section-
(a) “company” means any body corporate and includes a
fimi or other association of individuals; and
(b) “director” in relation to a firm, means a partner in the
fimi.
CHAPTER-[X
Miscellaneous
35. Members, officers, etc., to be public servants.- The
Chairperson and members of the Authority and the Executive
Committee and officers and other employees of the Authority shall
be deemed, while acting or purporting to act in pursuance of any of
the provisions of this Act, to be public servants within the meaning
37.
-.wr 4 (q;)
of section 21 of the Indian Penal Code, 1860 (Central Act No. 45.
of l 860). .
36. Pol\Cr of State Government to issue directions.- (1)
Without prejudice to ·the foregoing provisions of this Act, the
Authority shall, in exercise of its powers or the performance of its
functions under this Act, be bound by such directions on questions
l>f policy, as th~ State Government may give, in writing to it, from
time to time.
(2) The decision of the State Government, whether a
question is one of policy or not, shall be final.
37. Delegation of powers and functions.- The Authority
may, by general or special order in writing, delegate to the
Executive Committee, ar{y member or officer of the Authority or
any other person, subject to such conditions, if any, as may be
specified in the order, such of its powers and functions under this
Act, except the power under section 40, as it may deem necessary.
38. Protection of action taken in good faith.- No suit,
prosecution or other legal proceeding shall lie against the State
Government or the Authority or the Executive Committee or the
Chairperson or any member of tl)e Authority or the Executive
Committee or any officer or other employee of the Authority for
anything which is in good faith done or intended to be done under
this Act or the rule or regulation made thereunder.
39. Power of State Government to make rules.- The State
Government may, by notification, make rules to carry out the
provisions of this Act.
40. Power of Authority to make regulations.- The
Authority may, 'by notification, make regulations consistent with
this Act and th~ rules made thereunder to provide for the matters
which one required by this Act to be provided by regulation.
41. Rules and regulations to be laid before the House of
the State Legislature.- Every rule and regulation made under this
Act shall be laid, as soon as may be after it is so made, before the
House of the St.1te Legislature, while it is in session, for a period of
not less than fourteen 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 of the sessions immediately
following, the House of the State Legislature makes any
modification in the rule or regulation or resolves that the rule or
regulation should not be · made, the rule or regulation shall
thereafter have effect only in such modified form or be of no
31 (38), . 7W Wit—nit, as? 13, 2017 am 4 (as)
of section 21 ot‘ the Indian Penal Code, 1860 (Central Act No. 45_
ot 1860).
36. P0“ er of State Government to issue directions.- (1)
Without prejudice to the foregoing provisions of this Act, the
Authority shall. in exercise of its powers or the performance of its
l‘unctions under this Act, be bound by such directions on questions
ol'policy, as the State Government may give. in writing to it, from
time to time.
(2) The decision of the State Government, whether a
question is one of policy or not, shall be final.
37. Delegation of powers and functions.- The Authority
may, by general or special order in writing, delegate to the
Executive Committee, ariy member or officer ot the Authority or
any other person subject to such conditions, if any, as may be
specified in the order, such of its powers and functions under this
Act, except the power under section 40, as it may deem necessary.
38. Protection of action taken in good faith.- No suit,
prosecution or other legal proceeding shall lie against the State
Government or the Authority or the Executive Committee or the
Chairperson or any member of the Authority or the Executive
Committee or any officer or other employee of the Authority for
anything which is in good faith done or intended to be done under
this Act or the rule or regulation made thereunder.
39. Power of State Government to make rules.- The State
Government may, by notification, make rules to carry out the
provisions of this Act.
40. Power of Authority to make regulations.- The
Authority may. .by notification, make regulations consistent with
this Act and the rules made thereunder to provide for the matters
which one required by this Act to be provided by regulation.
41. Rules and regulations to be laid before the House of
the State Legislature.— Every rule and regulation made under this
Act shall be laid, as soon as may be after it is so made, before the
House of the State Legislature, while it is in session, for a period of
not less than fourteen 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 of the sessions immediately
following, the House of the State Legislature makes any
modification in the rule or regulation or resolves that the rule or
regulation should not be' made, the rule or regulation shall
thereafter have effect only in such modified form or be of no
38
'BT1T 4 (Cf>) ~ '!IV'l-'T?f. ~--'1=8,_, =20::....:1_;___7 __ __;3::....:1_ @§!2
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 thereunder.
42. Application of other laws not barred.- The provisions
of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force.
43 . . Act not to prevent use of Bhamashah number for
other purposes under law.- Nothing contained in this Act shall
prevent the use of Bhamashah number for establishing the identity
of an individual for any purpose, whether by any body corporate or
person, pursuant to any law, for the time being in force, or any
contract to this effect:
Provided that the use of Bhamashah number under this
section shall be subject to the procedure and obligations under this
Act.
44. Power to remove difficulties.- (1) 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 pro\' isions not inconsistent with the provisions of this
Act as may appl.!ar to be necessary for removing the difficulty:
Provided that no such order shall be made under this
section after the expiry of two years from the commencement of
this Act.
(2) Every order made under this section shall be laid, as
soon as may bl! after it is made, before the House of the State
Legislature.
45. Sa' ing.- Anything done or any action taken by the
State Govemm~nt under circular No.F.17(1)/ 1/Bhamashah/DES/
29279, dated-18.07.2014 and subsequent circulars governing or
regulating the Bhamashah Scheme shall be deemed to have been
\'alidly done or taken under this Act.
~~~.
Principal Secretary to the Government.
39
Government Central Press Jaipur.
gm 4 (w) _ Wim—Cfil, a? 18, 2017 31 (39)
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 thereunder. '
42. Application of other laws not barred.- The provisions
of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force.
43..Act not to prevent use of Bhamashah number for
other purposes under law.- Nothing contained in this Act shall
prevent the use othamashah number for establishing the identity
of an individual for any purpose, whether by any body corporate or
person, pursuant to any law, for the time being in force, or any
contract to this effect:
Provided that the use of Bhamashah number under this
section shall be subject to the procedure and obligations under this
Act.
44. Power to remove difficulties.- (1) 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 be necessary for removing the difficulty:
Provided that no such order shall be made under this
section afier the expiry of two years from the commencement of
this Act.
(2) Every order made under this section shall be laid. as
soon as may be after it is made, before the House of the State
Legislature.
45. Saving.- Anything done or any action taken by the
State Government under circular No.F.l7(l)/1/Bhamashah/DES/
29279, dated-18.07.2014 and subsequent circulars governing or
regulating the Bhamashah Scheme shall be deemed to have been
validly done or taken under this Act.
Hermann.
Principal Secretary to the Government.
39
Government Central Press Jaipur.
39