The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
Administered Ministry: Ministry of Electronics and Information Technology
Section
Section 1 Short title, extent and commencement. 3 docs
(1) This Act may be called the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
(2) It shall extend to the whole of India 1*** and save as otherwise provided in this Act, it shall also apply to any offence or contravention thereunder committed outside India by any person.
(3) It shall come into force on such date2 as the Central 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) It shall extend to the whole of India 1*** and save as otherwise provided in this Act, it shall also apply to any offence or contravention thereunder committed outside India by any person.
(3) It shall come into force on such date2 as the Central 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.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
2. 12th September, 2016 -- Section 1 to 10, 24 to 47, vide notification No. S.O. 2927 (E), dated 12th September, 2016 see Gazette of India Extraordinary, Part II, s. 3 (ii).
12th July, 2016-- Section 11 to 20, 22 and 23, 48 to 59, vide notification No. S.O. 2357 (E), dated 12 the July 2016, see Gazette of India, Extraordinary, Part II, s. 3 (ii).
25th July, 2019 -- Sections 1 to 30, vide notification No. S.O. 2649 (E), dated 25th July, 2019 see Gazette of India, Extraordinary, Part II, s. 3 (ii).
Section 2 Definitions.
In this Act, unless the context otherwise requires,---
1[(a) "Aadhaar number" means an identification number issued to an individual under sub-section (3) of section 3, and includes any alternative virtual identity generated under sub-section (4) of that section; ]
2[(aa) "Aadhaar ecosystem" includes enrolling agencies, Registrars, requesting entities, offline verification-seeking entities and any other entity or group of entities as may be specified by regulations;]
(b) "Aadhaar number holder" means an individual who has been issued an Aadhaar number under this Act;
2[(ba) "Adjudicating Officer" means an Adjudicating Officer appointed under sub-section (1) of section 33B;
(bb) "Appellate Tribunal" means the Appellate Tribunal referred to in sub-section (1) of section 33C;]
(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) "authentication record" means the record of the time of authentication and identity of the requesting entity and the response provided by the Authority thereto;
(e) "Authority" means the Unique Identification Authority of India established under sub-section (1) of section 11;
(f) "benefit" means any advantage, gift, reward, relief, or payment, in cash or kind, provided to an individual or a group of individuals and includes such other benefits as may be notified by the Central Government;
(g) "biometric information" means photograph, finger print, Iris scan, or such other biological attributes of an individual as may be specified by regulations;
(h) "Central Identities Data Repository" means a centralised database in one or more locations containing all Aadhaar numbers issued to Aadhaar number holders along with the corresponding demographic information and biometric information of such individuals and other information related thereto;
(i) Chairperson" means the Chairperson of the Authority appointed under section 12;
3[(ia) "child" means a person who has not completed eighteen years of age;]
(j) "core biometric information" means finger print, Iris scan, or such other biological attribute of an individual as may be specified by regulations;
(k) "demographic information" includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specified by regulations for the purpose of issuing an Aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history;
(l) "enrolling agency" means an agency appointed by the Authority or a Registrar, as the case may be, for collecting demographic and biometric information of individuals under this Act;
(m) "enrolment" means the process, as may be specified by regulations, to collect demographic and biometric information from individuals by the enrolling agencies for the purpose of issuing Aadhaar numbers to such individuals under this Act;
(n) "identity information" in respect of an individual, includes his Aadhaar number, his biometric information and his demographic information;
(o) "Member" includes the Chairperson and Member of the Authority appointed under section 12;
(p) "notification" means a notification published in the Official Gazette and the expression "notified" with its cognate meanings and grammatical variations shall be construed accordingly;
3[(pa) "offline verification" means the process of verifying the identity of the Aadhaar number holder without authentication, through such offline modes as may be specified by regulations;
(pb) "offline verification-seeking entity" means any entity desirous of undertaking offline verification of an Aadhaar number holder;]
(q) "prescribed" means prescribed by rules made by the Central Government under this Act;
(r) "records of entitlement" means records of benefits, subsidies or services provided to, or availed by, any individual under any programme;
(s) "Registrar" means any entity authorised or recognised by the Authority for the purpose of enrolling individuals under this Act;
(t) "regulations" means the regulations made by the Authority under this Act;
(u) "requesting entity" means an agency or person that submits the Aadhaar number, and demographic information or biometric information, of an individual to the Central Identities Data Repository for authentication;
(v) "resident" means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment;
(w) "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 Central Government;
(x) "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 Central Government.
1[(a) "Aadhaar number" means an identification number issued to an individual under sub-section (3) of section 3, and includes any alternative virtual identity generated under sub-section (4) of that section; ]
2[(aa) "Aadhaar ecosystem" includes enrolling agencies, Registrars, requesting entities, offline verification-seeking entities and any other entity or group of entities as may be specified by regulations;]
(b) "Aadhaar number holder" means an individual who has been issued an Aadhaar number under this Act;
2[(ba) "Adjudicating Officer" means an Adjudicating Officer appointed under sub-section (1) of section 33B;
(bb) "Appellate Tribunal" means the Appellate Tribunal referred to in sub-section (1) of section 33C;]
(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) "authentication record" means the record of the time of authentication and identity of the requesting entity and the response provided by the Authority thereto;
(e) "Authority" means the Unique Identification Authority of India established under sub-section (1) of section 11;
(f) "benefit" means any advantage, gift, reward, relief, or payment, in cash or kind, provided to an individual or a group of individuals and includes such other benefits as may be notified by the Central Government;
(g) "biometric information" means photograph, finger print, Iris scan, or such other biological attributes of an individual as may be specified by regulations;
(h) "Central Identities Data Repository" means a centralised database in one or more locations containing all Aadhaar numbers issued to Aadhaar number holders along with the corresponding demographic information and biometric information of such individuals and other information related thereto;
(i) Chairperson" means the Chairperson of the Authority appointed under section 12;
3[(ia) "child" means a person who has not completed eighteen years of age;]
(j) "core biometric information" means finger print, Iris scan, or such other biological attribute of an individual as may be specified by regulations;
(k) "demographic information" includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specified by regulations for the purpose of issuing an Aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history;
(l) "enrolling agency" means an agency appointed by the Authority or a Registrar, as the case may be, for collecting demographic and biometric information of individuals under this Act;
(m) "enrolment" means the process, as may be specified by regulations, to collect demographic and biometric information from individuals by the enrolling agencies for the purpose of issuing Aadhaar numbers to such individuals under this Act;
(n) "identity information" in respect of an individual, includes his Aadhaar number, his biometric information and his demographic information;
(o) "Member" includes the Chairperson and Member of the Authority appointed under section 12;
(p) "notification" means a notification published in the Official Gazette and the expression "notified" with its cognate meanings and grammatical variations shall be construed accordingly;
3[(pa) "offline verification" means the process of verifying the identity of the Aadhaar number holder without authentication, through such offline modes as may be specified by regulations;
(pb) "offline verification-seeking entity" means any entity desirous of undertaking offline verification of an Aadhaar number holder;]
(q) "prescribed" means prescribed by rules made by the Central Government under this Act;
(r) "records of entitlement" means records of benefits, subsidies or services provided to, or availed by, any individual under any programme;
(s) "Registrar" means any entity authorised or recognised by the Authority for the purpose of enrolling individuals under this Act;
(t) "regulations" means the regulations made by the Authority under this Act;
(u) "requesting entity" means an agency or person that submits the Aadhaar number, and demographic information or biometric information, of an individual to the Central Identities Data Repository for authentication;
(v) "resident" means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment;
(w) "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 Central Government;
(x) "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 Central Government.
1. Subs. by Act 14 of 2019, s, 3, for clause (a) (w.e.f. 25-7-2019).
2. Ins. by s. 3, ibid, (w.e.f. 25-7-2019).
3. Ins. by Act 14 of 2019, s. 3 (w.e.f. 25-7-2019)
2. Ins. by s. 3, ibid, (w.e.f. 25-7-2019).
3. Ins. by Act 14 of 2019, s. 3 (w.e.f. 25-7-2019)
Section 3 Aadhaar number. 1 docs
(1) Every resident shall be entitled to obtain an Aadhaar number by submitting his demographic information and biometric information by undergoing the process of enrolment:
Provided that the Central Government may, from time to time, notify such other category of individuals who may be entitled to obtain an Aadhaar number.
(2) The enrolling agency shall, at the time of enrolment, inform the individual undergoing enrolment of the following details in such manner as may be specified by regulations, namely: --
(a) the manner in which the information shall be used;
(b) the nature of recipients with whom the information is intended to be shared during authentication; and
(c) the existence of a right to access information, the procedure for making requests for such access, and details of the person or department in-charge to whom such requests can be made.
(3) On receipt of the demographic information and biometric information under sub-section (1), the Authority shall, after verifying the information, in such manner as may be specified by regulations, issue an Aadhaar number to such individual.
1[(4) The Aadhaar number issued to an individual under sub-section (3) shall be a twelve-digit identification number and any alternative virtual identity as an alternative to the actual Aadhaar number of an individual that shall be generated by the Authority in such manner as may be specified by regulations.]
Provided that the Central Government may, from time to time, notify such other category of individuals who may be entitled to obtain an Aadhaar number.
(2) The enrolling agency shall, at the time of enrolment, inform the individual undergoing enrolment of the following details in such manner as may be specified by regulations, namely: --
(a) the manner in which the information shall be used;
(b) the nature of recipients with whom the information is intended to be shared during authentication; and
(c) the existence of a right to access information, the procedure for making requests for such access, and details of the person or department in-charge to whom such requests can be made.
(3) On receipt of the demographic information and biometric information under sub-section (1), the Authority shall, after verifying the information, in such manner as may be specified by regulations, issue an Aadhaar number to such individual.
1[(4) The Aadhaar number issued to an individual under sub-section (3) shall be a twelve-digit identification number and any alternative virtual identity as an alternative to the actual Aadhaar number of an individual that shall be generated by the Authority in such manner as may be specified by regulations.]
1. Ins. by Act 14 of 2019, s. 4 (w.e.f. 25-7-2019).
Section 3A Aadhaar number of children
1[3A. Aadhaar number of children.--- (1) The enrolling agency shall, at the time of enrolment of a child, seek the consent of the parent or guardian of the child, and inform the parent or guardian, the details specified under sub-section (2) of section 3.
(2) A child who is an Aadhaar number holder may, within a period of six months of attaining the eighteen years of age, make an application to the Authority for cancellation of his Aadhaar number, in such manner as may be specified by regulations and the Authority shall cancel his Aadhaar number.
(3) Notwithstanding anything in section 7, a child shall not be denied any subsidy, benefit or service under that section in case of failure to establish his identity by undergoing authentication, or furnishing proof of possession of Aadhaar number, or in the case of a child to whom no Aadhaar number has been assigned, producing an application for enrolment.]
(2) A child who is an Aadhaar number holder may, within a period of six months of attaining the eighteen years of age, make an application to the Authority for cancellation of his Aadhaar number, in such manner as may be specified by regulations and the Authority shall cancel his Aadhaar number.
(3) Notwithstanding anything in section 7, a child shall not be denied any subsidy, benefit or service under that section in case of failure to establish his identity by undergoing authentication, or furnishing proof of possession of Aadhaar number, or in the case of a child to whom no Aadhaar number has been assigned, producing an application for enrolment.]
1. Ins. by Act 14 of 2019, s. 5 (w.e.f. 25-7-2019).
Section 4 Properties of Aadhaar number. 2 docs
(1) An Aadhaar number, issued to an individual shall not be reassigned to any other individual.
(2) An Aadhaar number shall be a random number and bear no relation to the attributes or identity of the Aadhaar number holder.
1[(3) Every Aadhaar number holder to establish his identity, may voluntarily use his Aadhaar number in physical or electronic form by way of authentication or offline verification, or in such other form as may be notified, in such manner as may be specified by regulations.
Explanation.-- For the purposes of this section, voluntary use of the Aadhaar number by way of authentication means the use of such Aadhaar number only with the informed consent of the Aadhaar number holder.
(4) An entity may be allowed to perform authentication, if the Authority is satisfied that the requesting entity is--
(a) compliant with such standards of privacy and security as may be specified by regulations; and
(b) (i) permitted to offer authentication services under the provisions of any other law made by Parliament; or
(ii) seeking authentication for such purpose, as the Central Government in consultation with the Authority, and in the interest of State, may prescribe.
(5) The Authority may, by regulations, decide whether a requesting entity shall be permitted the use of the actual Aadhaar number during authentication or only an alternative virtual identity.
(6) Every requesting entity to whom an authentication request is made by an Aadhaar number holder under sub-section (3) shall inform to the Aadhaar number holder of alternate and viable means of identification and shall not deny any service to him for refusing to, or being unable to, undergo authentication.
(7) Notwithstanding anything contained in the foregoing provisions, mandatory authentication of an Aadhaar number holder for the provision of any service shall take place if such authentication is required by a law made by Parliament.]
(2) An Aadhaar number shall be a random number and bear no relation to the attributes or identity of the Aadhaar number holder.
1[(3) Every Aadhaar number holder to establish his identity, may voluntarily use his Aadhaar number in physical or electronic form by way of authentication or offline verification, or in such other form as may be notified, in such manner as may be specified by regulations.
Explanation.-- For the purposes of this section, voluntary use of the Aadhaar number by way of authentication means the use of such Aadhaar number only with the informed consent of the Aadhaar number holder.
(4) An entity may be allowed to perform authentication, if the Authority is satisfied that the requesting entity is--
(a) compliant with such standards of privacy and security as may be specified by regulations; and
(b) (i) permitted to offer authentication services under the provisions of any other law made by Parliament; or
(ii) seeking authentication for such purpose, as the Central Government in consultation with the Authority, and in the interest of State, may prescribe.
(5) The Authority may, by regulations, decide whether a requesting entity shall be permitted the use of the actual Aadhaar number during authentication or only an alternative virtual identity.
(6) Every requesting entity to whom an authentication request is made by an Aadhaar number holder under sub-section (3) shall inform to the Aadhaar number holder of alternate and viable means of identification and shall not deny any service to him for refusing to, or being unable to, undergo authentication.
(7) Notwithstanding anything contained in the foregoing provisions, mandatory authentication of an Aadhaar number holder for the provision of any service shall take place if such authentication is required by a law made by Parliament.]
1. Subs. by Act 14 of 2019, s. 6, for Sub-section (3) (w.e.f. 25-7-2019).
Section 5 Special measures for issuance of Aadhaar number to certain category of persons. 1 docs
The Authority shall take special measures to issue Aadhaar number to women, children, senior citizens, persons with disability, unskilled and unorganised workers, nomadic tribes or to such other persons who do not have any permanent dwelling house and such other categories of individuals as may be specified by regulations.
Section 6 Update of certain information. 3 docs
The Authority may require Aadhaar number holders to update their demographic information and biometric information, from time to time, in such manner as may be specified by regulations, so as to ensure continued accuracy of their information in the Central Identities Data Repository.
Section 7 Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc. 19 docs
The Central Government or, as the case may be, 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 from, or the receipt therefrom forms part of, the Consolidated Fund of India, 1[or the Consolidated Fund of State] 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 if 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.
Provided that if 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.
1. Ins. by Act 14 of 2019, s. 7 (w.e.f. 25-7-2019).
Section 8 Authentication of Aadhaar number. 1 docs
(1) The Authority shall perform authentication of the Aadhaar number of an Aadhaar number holder submitted by any requesting entity, in relation to his biometric information or demographic information, subject to such conditions and on payment of such fees and in such manner as may be specified by regulations.
(2) A requesting entity shall---
(a) unless otherwise provided in this Act, obtain the consent of an individual 1[or in the case of a child obtain the consent of his parent or guardian] before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations; and
(b) ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication.
1[Provided that the requesting entity shall, in case of failure to authenticate due to illness, injury or infirmity owing to old age or otherwise or any technical or other reasons, provide such alternate and viable means of identification of the individual, as may be specified by regulations.]
(3) A requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication 1[or in the case of a child, his parent or guardian], the following details with respect to authentication, namely:---
(a) the nature of information that may be shared upon authentication;
(b) the uses to which the information received during authentication may be put by the requesting entity; and
(c) alternatives to submission of identity information to the requesting entity.
(4) The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information.
(2) A requesting entity shall---
(a) unless otherwise provided in this Act, obtain the consent of an individual 1[or in the case of a child obtain the consent of his parent or guardian] before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations; and
(b) ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication.
1[Provided that the requesting entity shall, in case of failure to authenticate due to illness, injury or infirmity owing to old age or otherwise or any technical or other reasons, provide such alternate and viable means of identification of the individual, as may be specified by regulations.]
(3) A requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication 1[or in the case of a child, his parent or guardian], the following details with respect to authentication, namely:---
(a) the nature of information that may be shared upon authentication;
(b) the uses to which the information received during authentication may be put by the requesting entity; and
(c) alternatives to submission of identity information to the requesting entity.
(4) The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information.
1. Ins. by Act 14 of 2019, s. 8 (w.e.f. 25-7-2019).
Section 8A Offline verification of Aadhaar number.
1[8A. Offline verification of Aadhaar number.--- (1) Every offline verification of an Aadhaar number holder shall be performed in accordance with the provisions of this section.
(2) Every offline verification-seeking entity shall,---
(a) before performing offline verification, obtain the consent of an individual, or in the case of a child, his parent or guardian, in such manner as may be specified by regulations; and
(b) ensure that the demographic information or any other information collected from the individual for offline verification is only used for the purpose of such verification.
(3) An offline verification-seeking entity shall inform the individual undergoing offline verification, or in the case of a child, his parent or guardian, the following details with respect to offline verification, in such manner as may be specified by regulations, namely:---
(a) the nature of information that may be shared upon offline verification;
(b) the uses to which the information received during offline verification may be put by the offline verification-seeking entity; and
(c) alternatives to submission of information requested for, if any.
(4) No offline verification-seeking entity shall---
(a) subject an Aadhaar number holder to authentication;
(b) collect, use, or store an Aadhaar number or biometric information of any individual for any purpose;
(c) take any action contrary to any obligation on it as may be specified by regulations.]
(2) Every offline verification-seeking entity shall,---
(a) before performing offline verification, obtain the consent of an individual, or in the case of a child, his parent or guardian, in such manner as may be specified by regulations; and
(b) ensure that the demographic information or any other information collected from the individual for offline verification is only used for the purpose of such verification.
(3) An offline verification-seeking entity shall inform the individual undergoing offline verification, or in the case of a child, his parent or guardian, the following details with respect to offline verification, in such manner as may be specified by regulations, namely:---
(a) the nature of information that may be shared upon offline verification;
(b) the uses to which the information received during offline verification may be put by the offline verification-seeking entity; and
(c) alternatives to submission of information requested for, if any.
(4) No offline verification-seeking entity shall---
(a) subject an Aadhaar number holder to authentication;
(b) collect, use, or store an Aadhaar number or biometric information of any individual for any purpose;
(c) take any action contrary to any obligation on it as may be specified by regulations.]
1. Ins. by Act 14 of 2019, S. 9 (w.e.f. 25-7-2019).
Section 9 Aadhaar number not evidence of citizenship or domicile, etc.
The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of an Aadhaar number holder.
Section 10 Central Identities Data Repository.
The Authority may engage one or more entities to establish and maintain the Central Identities Data Repository and to perform any other functions as may be specified by regulations.
Section 11 Establishment of Authority. 1 docs
(1) The Central Government shall, by notification, establish an Authority to be known as the Unique Identification Authority of India to be responsible for the processes of enrolment and authentication and perform such other functions assigned to it under this Act.
(2) The Authority shall be a body corporate by the name aforesaid, 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 the said name, sue or be sued.
(3) The head office of the Authority shall be in New Delhi.
(4) The Authority may, with the prior approval of the Central Government, establish its offices at other places in India.
(2) The Authority shall be a body corporate by the name aforesaid, 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 the said name, sue or be sued.
(3) The head office of the Authority shall be in New Delhi.
(4) The Authority may, with the prior approval of the Central Government, establish its offices at other places in India.
Section 12 Composition of Authority. 1 docs
The Authority shall consist of a Chairperson, appointed on part-time or full-time basis, two part-time Members, and the chief executive officer who shall be Member-Secretary of the Authority, to be appointed by the Central Government.
Section 13 Qualifications for appointment of Chairperson and Members of Authority.
The Chairperson and Members of the Authority shall be persons of ability and integrity having experience and knowledge of at least ten years in matters relating to technology, governance, law, development, economics, finance, management, public affairs or administration.
Section 14 Term of office and other conditions of service of Chairperson and Members. 1 docs
(1)The Chairperson and the Members appointed under this Act shall hold office for a term of three years from the date on which they assume office and shall be eligible for re-appointment:
Provided that no person shall hold office as the Chairperson or Member after he has attained the age of sixty-five years.
(2) The Chairperson and every Member shall, before entering office, make and subscribe to, an oath of office and of secrecy, in such form and in such manner and before such Authority as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or Member may—
(a) relinquish his office, by giving in writing to the Central Government, a notice of not less than thirty days; or
(b) be removed from his office in accordance with the provisions of section 15.
(4) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and allowances or remuneration payable to part-time Members shall be such as may be prescribed.
Provided that no person shall hold office as the Chairperson or Member after he has attained the age of sixty-five years.
(2) The Chairperson and every Member shall, before entering office, make and subscribe to, an oath of office and of secrecy, in such form and in such manner and before such Authority as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or Member may—
(a) relinquish his office, by giving in writing to the Central Government, a notice of not less than thirty days; or
(b) be removed from his office in accordance with the provisions of section 15.
(4) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and allowances or remuneration payable to part-time Members shall be such as may be prescribed.
Section 15 Removal of Chairperson and Members.
(1) The Central Government may remove from office, the Chairperson, or a Member, who—
(a) is, or at any time has been adjudged as insolvent;
(b) has become physically or mentally incapable of acting as the Chairperson or, as the case may be, a Member;
(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or, as the case may be, a Member; or
(e) has, in the opinion of the Central Government, so abused his position as to render his continuance in office detrimental to the public interest.
(2) The Chairperson or a Member shall not be removed under clause (b), clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard.
(a) is, or at any time has been adjudged as insolvent;
(b) has become physically or mentally incapable of acting as the Chairperson or, as the case may be, a Member;
(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or, as the case may be, a Member; or
(e) has, in the opinion of the Central Government, so abused his position as to render his continuance in office detrimental to the public interest.
(2) The Chairperson or a Member shall not be removed under clause (b), clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard.
Section 16 Restrictions on Chairperson or Members on employment after cessation of office.
The Chairperson or a Member on ceasing to hold office for any reason, shall not, without previous approval of the Central Government, —
(a) accept any employment in, or be connected with the management of any organisation, company or any other entity which has been associated with any work done or contracted out by the Authority, whether directly or indirectly, during his tenure as Chairperson or Member, as the case may be, for a period of three years from the date on which he ceases to hold office:
Provided that nothing contained in this clause shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or provincial Act or a Government Company, as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013);
(b) act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or such Member had, before cessation of office, acted for or provided advice to, the Authority;
(c) give advice to any person using information which was obtained in his capacity as the Chairperson or a Member and being unavailable to or not being able to be made available to the public; or
(d) enter, for a period of three years from his last day in office, into a contract of service with, accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office.
(a) accept any employment in, or be connected with the management of any organisation, company or any other entity which has been associated with any work done or contracted out by the Authority, whether directly or indirectly, during his tenure as Chairperson or Member, as the case may be, for a period of three years from the date on which he ceases to hold office:
Provided that nothing contained in this clause shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or provincial Act or a Government Company, as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013);
(b) act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or such Member had, before cessation of office, acted for or provided advice to, the Authority;
(c) give advice to any person using information which was obtained in his capacity as the Chairperson or a Member and being unavailable to or not being able to be made available to the public; or
(d) enter, for a period of three years from his last day in office, into a contract of service with, accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office.
Section 17 Functions of Chairperson.
The Chairperson shall preside over the meetings of the Authority, and without prejudice to any provision of this Act, exercise and discharge such other powers and functions of the Authority as may be prescribed.
Section 18 Chief executive officer.
(1) There shall be a chief executive officer of the Authority, not below the rank of Additional Secretary to the Government of India, to be appointed by the Central Government.
(2) The chief executive officer shall be the legal representative of the Authority and shall be responsible for—
(a) the day-to-day administration of the Authority;
(b) implementing the work programmes and decisions adopted by the Authority;
(c) drawing up of proposal for the Authority's decisions and work programmes;
(d) the preparation of the statement of revenue and expenditure and the execution of the budget of the Authority; and
(e) performing such other functions, or exercising such other powers, as may be specified by regulations.
(3) Every year, the chief executive officer shall submit to the Authority for approval—
(a) a general report covering all the activities of the Authority in the previous year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(4) The chief executive officer shall have administrative control over the officers and other employees of the Authority.
(2) The chief executive officer shall be the legal representative of the Authority and shall be responsible for—
(a) the day-to-day administration of the Authority;
(b) implementing the work programmes and decisions adopted by the Authority;
(c) drawing up of proposal for the Authority's decisions and work programmes;
(d) the preparation of the statement of revenue and expenditure and the execution of the budget of the Authority; and
(e) performing such other functions, or exercising such other powers, as may be specified by regulations.
(3) Every year, the chief executive officer shall submit to the Authority for approval—
(a) a general report covering all the activities of the Authority in the previous year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(4) The chief executive officer shall have administrative control over the officers and other employees of the Authority.