2017:Mah.XVIII]

Maharashtra Aadhaar (Targeted Delivery of Financial and

Other Subsidies, Benefits and Services) Act, 2016

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XVIII  OF 2017.

THE MAHARASHTRA AADHAAR
(TARGETED  DELIVERY  OF  FINANCIAL  AND
OTHER  SUBSIDIES,  BENEFITS  AND
SERVICES)  ACT,  2016.

(As modified upto 19th December 2018)



PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED BY THE DIRECTOR,
GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2018

[PRICE : Rs. 24-00]

Maharashtra Aadhaar (Targeted Delivery of Financial and

[2017:Mah.XVIII

Other Subsidies, Benefits and Services) Act, 2016

THE  MAHARASHTRA  AADHAAR  (TARGETED  DELIVERY  OF  FINANCIAL
AND  OTHER  SUBSIDIES,  BENEFITS  AND  SERVICES)  ACT,  2016.

CONTENTS

PREAMBLE.

SECTIONS.

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  Chapters  III  and  VI  of  Central  Act.

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

7. Protection  of  action  taken  in  good  faith.

8. Power  to  make  rules.

9. Power  to  remove  difficulty.

H 694—1

2017:Mah.XVIII]

Maharashtra Aadhaar (Targeted Delivery of Financial and

Other Subsidies, Benefits and Services) Act, 2016

MAHARASHTRA  ACT  No.  XVIII  OF  20171.

[THE  MAHARASHTRA  AADHAAR  (TARGETED  DELIVERY  OF
FINANCIAL  AND  OTHER  SUBSIDIES,  BENEFITS  AND  SERVICES)]
ACT,  2016.

(This  Act  received  the  assent  of  the  Governor  on  the  14th  January
2017;  assent  was  first  published  in  the  Maharashtra  Government
Gazette, Part  IV,  on  the  16th  January  2017.)
An Act 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 Maharashtra using
Aadhaar as a sole identifier, and for matters connected therewith.

WHEREAS  it  is  expedient  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  Maharashtra using Aadhaar as a sole identifier, and to provide for matters
connected therewith; it is hereby enacted in the Sixty-seventh Year of the Republic
of  India as follows :––

1. (1) This Act may be called the Maharashtra Aadhaar (Targeted Delivery of

Financial and Other Subsidies, Benefits and Services) Act, 2016.
(2) It extends to the whole of the State of Maharashtra.

Short title,
extent and
commencement.

(3) It shall come into force on such date 2 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.

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

Definitions.

(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
Maharashtra including the local bodies, and any other body owned and con-
trolled 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
alongwith 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
information available with it ;

(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 ;

1. For  Statement of  Objects and  Reasons  (in English), See  Maharashtra  Government
Gazette, Part V-A, Extraordinary No.52, dated the 9th December 2016, page 5.

2. This Act was brought into force by G.N., G.A.D., No.GAD-DIT 018/1/2016 DIT (MH),

dated the 24th January 2017, w.e.f. 26th January 2017.

(G.C.P.) H 694—2 (4068––12–2018)

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Maharashtra Aadhaar (Targeted Delivery of Financial and

[2017:Mah.XVIII

Other Subsidies, Benefits and Services) Act, 2016

(f) "Central Act" means the Aadhaar (Targeted Delivery of  Financial and

Other Subsidies, Benefits and Services) Act, 2016 ;

18 of
2016.

(g) "Central Identities Data Repository" means a centralised database in
one  or  more  locations  containing  all  Aadhaar  numbers  issued  to  Aadhaar
number holders alongwith 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  Maharashtra ;

(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 or 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"  or  "State  Government"  means  the  Government  of

Maharashtra ;

(l) "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 individuals 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 of
Aadhaar
number
necessary for
receipt of
certain
subsidies,
benefits and
services, etc.

3. 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.

Notifying
Schemes by
State
Government.

4. 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 as per section 3.

2017:Mah.XVIII]

Maharashtra Aadhaar (Targeted Delivery of Financial and

3

Other Subsidies, Benefits and Services) Act, 2016

5. The  provisions  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 shall be in addition to, and not in derogation of,

the provisions of any other law for the time being in force.

Application  of
Chapters 
III
and  VI  of
Central Act.

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

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.

Protection of
action taken
in good faith.

8. (1) The State Government may, by notification in the Official Gazette, make

rules to carry out the provisions of this Act.

Power to
make rules.

(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 sessions, and if, before the expiry of the session in which it is
so laid or the session or sessions immediately following, both Houses agree in
making any modification in any rule or both Houses agree that rule should not be
made, and notify their decision to that effect in the Official Gazette, the rule shall,
from the date of publication of such  notification, have effect only in such modified
form  or  be  of  no  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 or omitted to be done under that rule.

9. (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 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:

Power to
remove
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.

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Maharashtra Aadhaar (Targeted Delivery of Financial and

[2017:Mah.XVIII

Other Subsidies, Benefits and Services) Act, 2016

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