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सत्यमेव जयते
मध्यप्रदेश राजपत्र
(असाधारण )
प्राधिकार से प्रकाशित
भोपाल, गुरुवार, दिनांक 21 फरवरी 2019- फाल्गुन 2, शक 1940
क्रमांक 76]
विधि और विधायी कार्य विभाग
भोपाल, दिनांक 21 फरवरी 2019
क्र. 3190-48- इक्कीसअ ( प्रा. ) .- भारत के संविधान के अनुच्छेद 348 के खण्ड ( 3 ) के अनुसरण में, मध्यप्रदेश आधार ( वित्तीय और अन्य सहायिकियों, प्रसुविधाओं और सेवाओं का लक्ष्यित परिदान ) विधेयक, 2019 ( क्रमांक 4 सन् 2019 ) का अंग्रेजी अनुवाद राज्यपाल के प्राधिकार से एतद्वारा प्रकाशित किया जाता है.
मध्यप्रदेश के राज्यपाल के नाम से तथा आदेशानुसार, राजेश यादव, अतिरिक्त सचिव .
MADHYA PRADESH BILL
NO . 4 OF 2019
THE MADHYA PRADESH AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES , BENEFITS AND SERVICES) BILL , 2019
TABLE OF CONTENTS
Clauses:
1 . Short title , extent and commencement .
2. Definitions .
3. Proof of Aadhaar number necessary for receipt of certain subsidies , benefits and services etc. 4. Notifying schemes by State Government .
5. Application of Chapter III and VI of Central Act .
6. Provisions of this act to be in addition to and not in derogation of other laws .
7. Protection of action taken in good faith .
8. Power to make rules .
9. Power to remove difficulties .
151 मध्यप्रदेश राजपत्र, दिनांक 21 फरवरी 2019
152
MADHYA PRADESH BILL
NO . 4 OF 2019
THE MADHYA PRADESH AADHAAR ( TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES , BENEFITS AND SERVICE) BILL, 2019
A Bill 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 Madhya Pradesh using Aadhaar as a sole identifier , and for matters connected therewith or incidental thereto .
Be it enacted by the Madhya Pradesh Legislature in the seventieth year of the Republic of India as follows :-
1. (1) This Act may be called the Madhya Pradesh Aadhaar ( Targeted Delivery of Financial and Other Subsidies , Benefits and Services ) Act , 2019 .
Short title, extent and commencement
(2) It extends to the whole of the State of Madhya Pradesh.
(3) It shall come into force on the date of its publication in the Madhya Pradesh Gazette .
Definitions.
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 Act or State Act in the State of Madhya 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 and 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 withit;
(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 (No. 18 of 2016) ;
(g) "Central Identities Data Repository " means a centralised database in one or more locations containing all Aadhaar number issued to Aadhaar number holders along with the corresponding demographic information and biometric information of such individuals and other information related thereto;
(h) "Consolidated Fund of State " means a Consolidated Fund of the State of Madhya Pradesh;
152( 1)
मध्यप्रदेश राजपत्र, दिनांक 21 फरवरी 2019
(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 and 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) "Government " of " State Government " means the Government of Madhya Pradesh ;
(1) "prescribed" means prescribed by rules made under this Act;
(m) " service" means any provision, facility, utility or any other assistance provided in any form to an individual or a group of individual and includes such other services as may be notified by the State Government ;
(n) "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 .
Proof ofAadhaar for receipt of certain subsidies , benefits and services etc. number necessary 3. The State Government or , as the case may be , any 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 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 enrolement:
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 .
Notifying schemes State by Government .
4. The State Government shall , from time to time notify the list of schemes , subsidies , benefits or services for which such authentication or proof is required as per section 3 .
Application of Chapter III and VI of CentralAct .
5. The provision 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 are in addition to and not in derogation of any other law for the time being in force .
Provisions of this act to be in addition to and not in derogation of other laws .
of Protection action taken in good faith .
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 rules made thereunder .
Power to make rules.
8. The State Government may, by notification in the Official Gazette , make rules to carry out the provisions of this Act .
(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;
मध्यप्रदेश राजपत्र, दिनांक 21 फरवरी 2019
152( 2)
(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 the State Legislative Assembly .
Power to remove difficulties.
9. 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 official Gazette , do anything 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 the State Legislative Assembly.
STATEMENT OF OBJECTS AND REASONS
It is felt necessary 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 by way of withdrawal from the Consolidated Fund of the State , to the individuals residing in the State of Madhya Pradesh using Aadhaar as a sole identifier..
2. In order to achieve the aforesaid objective this Bill is proposed.
3. Hence this Bill.
Bhopal :
P. C. SHARMA Member- in- charge .
Dated the 17th February , 2019
नियंत्रक, शासकीय मुद्रण तथा लेखन सामग्री, मध्यप्रदेश द्वारा शासकीय केन्द्रीय मुद्रणालय , भोपाल से मुद्रित तथा प्रकाशित-2019.