The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
Administered Ministry: Ministry of Electronics and Information Technology
Section
Section 33E Appeal to Supreme Court of India.
1[33E. Appeal to Supreme Court of India.--- (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, of the Appellate Tribunal to the Supreme Court on any substantial question of law arising out of such order.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal which the parties have consented to.
(3) Every appeal under this section shall be preferred within a period of forty-five days from the date of the decision or order appealed against:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period.]
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal which the parties have consented to.
(3) Every appeal under this section shall be preferred within a period of forty-five days from the date of the decision or order appealed against:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period.]
1. Ins. by Act 14 of 2019, s. 15 (w.e.f. 25-7-2019).
Section 33F Civil court not to have jurisdiction
1[33F. Civil court not to have jurisdiction. --- No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer appointed under this Act or the Appellate Tribunal is empowered, by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.]
1. Ins. by Act 14 of 2019, s. 15 (w.e.f. 25-7-2019).
Section 34 Penalty for impersonation at time of enrolment.
Whoever impersonates or attempts to impersonate another person, whether dead or alive, real or imaginary, by providing any false demographic information or biometric information, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or with both.
Section 35 Penalty for impersonation of Aadhaar number holder by changing demographic information or biometric information.
Whoever, with the intention of causing harm or mischief to an Aadhaar number holder, or with the intention of appropriating the identity of an Aadhaar number holder changes or attempts to change any demographic information or biometric information of an Aadhaar number holder by impersonating or attempting to impersonate another person, dead or alive, real or imaginary, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to ten thousand rupees.
Section 36 Penalty for impersonation.
Whoever, not being authorised to collect identity information under the provisions of this Act, by words, conduct or demeanour pretends that he is authorised to do so, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.
Section 37 Penalty for disclosing identity information.
Whoever, intentionally discloses, transmits, copies or otherwise disseminates any identity information collected in the course of enrolment or authentication to any person not authorised under this Act or regulations made thereunder or in contravention of any agreement or arrangement entered into pursuant to the provisions of this Act, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.
Section 38 Penalty for unauthorised access to the Central Identities Data Repository.
Whoever, not being authorised by the Authority, intentionally,---
(a) accesses or secures access to the Central Identities Data Repository;
(b) downloads, copies or extracts any data from the Central Identities Data Repository or stored in any removable storage medium;
(c) introduces or causes to be introduced any virus or other computer contaminant in the Central Identities Data Repository;
(d) damages or causes to be damaged the data in the Central Identities Data Repository;
(e) disrupts or causes disruption of the access to the Central Identities Data Repository;
(f) denies or causes a denial of access to any person who is authorised to access the Central Identities Data Repository;
(g) reveals any information in contravention of sub-section (5) of section 28, or shares, uses or displays information in contravention of section 29 or assists any person in any of the aforementioned acts;
(h) destroys, deletes or alters any information stored in any removable storage media or in the Central Identities Data Repository or diminishes its value or utility or affects it injuriously by any means; or
(i) steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used by the Authority with an intention to cause damage,
shall be punishable with imprisonment for a term which may extend to 1[ten years] and shall also be liable to a fine which shall not be less than ten lakh rupees.
Explanation.--- For the purposes of this section, the expressions "computer contaminant", "computer virus" and damage shall have the meanings respectively assigned to them in the Explanation to section 43 of the Information Technology Act, 2000 (21 of 2000), and the expression "computer source code" shall have the meaning assigned to it in the Explanation to section 65 of the said Act.
(a) accesses or secures access to the Central Identities Data Repository;
(b) downloads, copies or extracts any data from the Central Identities Data Repository or stored in any removable storage medium;
(c) introduces or causes to be introduced any virus or other computer contaminant in the Central Identities Data Repository;
(d) damages or causes to be damaged the data in the Central Identities Data Repository;
(e) disrupts or causes disruption of the access to the Central Identities Data Repository;
(f) denies or causes a denial of access to any person who is authorised to access the Central Identities Data Repository;
(g) reveals any information in contravention of sub-section (5) of section 28, or shares, uses or displays information in contravention of section 29 or assists any person in any of the aforementioned acts;
(h) destroys, deletes or alters any information stored in any removable storage media or in the Central Identities Data Repository or diminishes its value or utility or affects it injuriously by any means; or
(i) steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used by the Authority with an intention to cause damage,
shall be punishable with imprisonment for a term which may extend to 1[ten years] and shall also be liable to a fine which shall not be less than ten lakh rupees.
Explanation.--- For the purposes of this section, the expressions "computer contaminant", "computer virus" and damage shall have the meanings respectively assigned to them in the Explanation to section 43 of the Information Technology Act, 2000 (21 of 2000), and the expression "computer source code" shall have the meaning assigned to it in the Explanation to section 65 of the said Act.
1. Subs. by Act 14 of 2019, s. 16 for "three years" (w.e.f. 25-7-2019)
Section 39 Penalty for tampering with data in Central Identities Data Repository.
Whoever, not being authorised by the Authority, uses or tampers with the data in the Central Identities Data Repository or in any removable storage medium with the intent of modifying information relating to Aadhaar number holder or discovering any information thereof, shall be punishable with imprisonment for a term which may extend to 1[ten years] and shall also be liable to a fine which may extend to ten thousand rupees.
1. Subs. by Act 14 of 2019, s. 17 (w.e.f. 25-7-2019).
Section 40 Penalty for unauthorised use by requesting entity or offline verification-seeking entity.
1[40. Penalty for unauthorised use by requesting entity or offline verification-seeking entity.---
Whoever,--- (a) being a requesting entity, uses the identity information of an individual in contravention of sub-section (2) of section 8; or
(b) being an offline verification-seeking entity, uses the identity information of an individual in contravention of sub-section (2) of section 8A, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.]
Whoever,--- (a) being a requesting entity, uses the identity information of an individual in contravention of sub-section (2) of section 8; or
(b) being an offline verification-seeking entity, uses the identity information of an individual in contravention of sub-section (2) of section 8A, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.]
1. Subs. by Act 14 of 2019, s. 18 for section 40 (w.e.f. 25-7-2019)
Section 41 Penalty for non-compliance with intimation requirements.
Whoever, being an enrolling agency or a requesting entity, fails to comply with the requirements of sub-section (2) of section 3 or subsection (3) of section 8, shall be 1[liable to penalty which may extend to one lakh rupees, or in the case of a company, with penalty which may extend to ten lakh rupees].
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for certain words (w.e.f. 30-11-2023).
Section 42 General penalty.
Whoever commits an offence under this Act or any rules or regulations made thereunder for which no specific penalty is provided elsewhere than this section, shall be punishable with imprisonment for a term which may extend to 1[three year] or with a fine which may extend to twentyfive thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees, or with both.
1. Subs. by Act 14 of 2019, s. 19 for "One year" (w.e.f. 25-7-2019).
Section 43 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 be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
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 be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 44 Act to apply for offence or contravention committed outside India.
(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person, irrespective of his nationality.
(2) For the purposes of sub-section (1), the provisions of this Act shall apply to any offence or contravention committed outside India by any person, if the act or conduct constituting the offence or contravention involves any data in the Central Identities Data Repository.
(2) For the purposes of sub-section (1), the provisions of this Act shall apply to any offence or contravention committed outside India by any person, if the act or conduct constituting the offence or contravention involves any data in the Central Identities Data Repository.
Section 45 Power to investigate offences.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Inspector of Police shall investigate any offence under this Act.
Section 46 Penalties not to interfere with other punishments.
No penalty imposed under this Act shall prevent the imposition of any other penalty or punishment under any other law for the time being in force.
Section 47 Cognizance of offences.
(1) No court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Authority or any officer or person authorised by it.
1[Provided that the court may, on a complaint made by an Aadhaar number holder or individual take cognizance of any offence punishable under section 34 or 35 or 36 or 37 or 40 or section 41.]
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate shall try any offence punishable under this Act.
1[Provided that the court may, on a complaint made by an Aadhaar number holder or individual take cognizance of any offence punishable under section 34 or 35 or 36 or 37 or 40 or section 41.]
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate shall try any offence punishable under this Act.
1. Ins. by Act 14 of 2019, s. 20 (w.e.f. 25-7-2019)
Section 48 Power of Central Government to supersede Authority.
(1) If, at any time, the Central Government is of the opinion, —
(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or
(c) that a public emergency exists,
the Central Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the President may direct to exercise powers and discharge functions under this Act:
Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1), superseding the Authority,—
(a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and
(c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other Members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment.
(4) The Central Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest
(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or
(c) that a public emergency exists,
the Central Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the President may direct to exercise powers and discharge functions under this Act:
Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1), superseding the Authority,—
(a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and
(c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other Members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment.
(4) The Central Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest
Section 49 Members, officers, etc., to be public servants.
The Chairperson, Members, 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 of section 21 of the Indian Penal Code (45 of 1860).
Section 50 Power of Central Government to issue directions. 10 docs
(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 of policy, as the Central Government may give, in writing to it, from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section:
Provided further that nothing in this section shall empower the Central Government to issue directions pertaining to technical or administrative matters undertaken by the Authority.
(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section:
Provided further that nothing in this section shall empower the Central Government to issue directions pertaining to technical or administrative matters undertaken by the Authority.
(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.
Section 50A Exemption from tax on income.
1[50A. Exemption from tax on income. -- Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to tax on income, profits or gains, the Authority shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains.]
1. Ins. by Act 14 of 2019, s. 21 (w.e.f. 25-7-2019).