UTTAR PRADESH AADHAAR ACT, 2017

S.1 Short title, extent and commencement

(1) This Act may be called the Uttar Pradesh Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2017;

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force on such date as the State Government may, by notification in the Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision

S.2 Definitions

(1) In this Act, unless the context otherwise requires, -

(a) Aadhaar number means an identification number issued to an individual under section 3 of the Central Act;

(b) Agency of the State Government means any authority or body established or constituted by any Central or State law in the State of Uttar Pradesh including the local bodies, and any other body owned and controlled by the State Government and includes the bodies whose composition and administration are predominantly controlled by the State Government;

(c) authentication means the process by which the Aadhaar number along with demographic information or biometric information of an individual is submitted to the Central Identities Data Repository for its verification and such Repository verifies the correctness, or the lack thereof, on the basis of

S.3 Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc

The State Government or, as the case may be, any Agency of the State Government, may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred entirely by way of withdrawal from, or the receipt therefrom forms part of the Consolidated Fund of the State, or any fund set up by any Agency of the State Government, require that such individual undergo authentication, or furnish proof of possession of Aadhaar number or, in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrolment :

Provided that, till such time an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.

S.4 Notifying Schemes by State Government

The State Government shall, within a period of three months from the date of commencement of this Act, and thereafter, from time to time, notify the list of schemes, subsidies, benefit or services for which such authentication or proof is required under section 3.

S.5 Application of Chapters III and VI

The provisions of Chapter III and Chapter VI of the Central Act shall mutatis mutandis apply to authentication under this Act.

S.6 Act to be in addition and not in derogation of any other law

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force

S.7 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer, or other employees of the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

S.8 - Power to make Rules

(1) The State Government may, by notification in the 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;

(b) any other matter which is required to be, or may be, specified, or in respect of which provision is to be made by rules.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive

S.9 Power to remove difficulty

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Gazette, make such provision not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty:

Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.