The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
Administered Ministry: Ministry of Electronics and Information Technology
Section
Section 51 Delegation.
The Authority may, by general or special order in writing, delegate to any 1[Member or officer] of the Authority or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power under section 54) as it may deem necessary.
1. Subs. by Act 14 of 2019, s. 22 for "Member, officer" (w.e.f. 25-7-2019)
Section 52 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central Government or the Authority or the Chairperson or any Member or any officer, or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rule or regulation made thereunder.
Section 53 Power of Central Government to make rules. 6 docs
(1) The Central Government may, by notification, 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) the form and manner in which and the authority before whom the oath of office and of secrecy is to be subscribed by the Chairperson and Members under sub-section (2) of section 14;
1[(aa) the purpose for which the requesting entity may be allowed by the Authority to perform authentication under sub-clause (ii) of clause (b) of sub-section (4) of section 4;]
(b) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the allowances or remuneration payable to Members of the Authority under sub-section (4) of section 14;
(c) the other powers and functions of the Chairperson of the Authority under section 17;
(d) the other powers and functions of the Authority under clause (t) of sub-section (2) of section 23;
(e) the form of annual statement of accounts to be prepared by Authority under sub-section (1) of section 26;
(f) the form and the manner in which and the time within which returns and statements and particulars are to be furnished under sub-section (1) of section 27;
(g) the form and the manner and the time at which the Authority shall furnish annual report under sub-section (2) of section 27;
1[(ga) the qualification and experience of, and the manner of appointment of, the Adjudicating Officer under sub-section (1) of section 33B;
(gb) the form, manner, and fee for an appeal to be filed under sub-section (2) of section 33C;]
(h) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by 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) the form and manner in which and the authority before whom the oath of office and of secrecy is to be subscribed by the Chairperson and Members under sub-section (2) of section 14;
1[(aa) the purpose for which the requesting entity may be allowed by the Authority to perform authentication under sub-clause (ii) of clause (b) of sub-section (4) of section 4;]
(b) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the allowances or remuneration payable to Members of the Authority under sub-section (4) of section 14;
(c) the other powers and functions of the Chairperson of the Authority under section 17;
(d) the other powers and functions of the Authority under clause (t) of sub-section (2) of section 23;
(e) the form of annual statement of accounts to be prepared by Authority under sub-section (1) of section 26;
(f) the form and the manner in which and the time within which returns and statements and particulars are to be furnished under sub-section (1) of section 27;
(g) the form and the manner and the time at which the Authority shall furnish annual report under sub-section (2) of section 27;
1[(ga) the qualification and experience of, and the manner of appointment of, the Adjudicating Officer under sub-section (1) of section 33B;
(gb) the form, manner, and fee for an appeal to be filed under sub-section (2) of section 33C;]
(h) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules.
1. Ins. by Act 14 of 2019, s. 23 (w.e.f. 25-7-2019).
Section 54 Power of Authority to make regulations. 8 docs
(1) The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder, for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:---
1[(a) the entities or group of entities in the Aadhaar ecosystem under clause (aa), the biometric information under clause (g) and the demographic information under clause (k), the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m), and the modes of offline verification of Aadhaar number holder under clause (pa) of section 2;]
(b) the manner of verifying the demographic information and biometric information for issue of Aadhaar number under sub-section (3) of section 3;
2[(ba) the manner of generating an alternative virtual identity under sub-section (4) of section 3;
(bb) the manner in which cancellation of an Aadhaar number may be carried out under sub-section (2) of section 3A;]
(c) the conditions for accepting an Aadhaar number as proof of identity of the Aadhaar number holder under sub-section (3) of section 4;
2[(ca) standards of privacy and security to be complied with by the requesting entities under sub-section (4) of section 4;
(cb) the classification of requesting entities under sub-section (5) of section 4;]
(d) the other categories of individuals under section 5 for whom the Authority shall take special measures for allotment of Aadhaar number;
(e) the manner of updating biometric information and demographic information under section 6;
(f) the procedure for authentication of the Aadhaar number under section 8;
3[(fa) the alternate and viable means of identification of individual under the proviso to clause (b) of sub-section (2) of section 8;
(fb) the manner of obtaining consent under clause (a) of sub-section (2), the manner of providing information to the individual undergoing offline verification under sub-section (3), and the obligations of offline verification-seeking entities under clause (c) of sub-section (4) of section 8A;]
(g) the other functions to be performed by the Central Identities Data Repository under section 10;
(h) the time and places of meetings of the Authority and the procedure for transaction of business to be followed by it, including the quorum, under sub-section (1) of section 19;
(i) the salary and allowances payable to, and other terms and conditions of service of, the chief executive officer, officers and other employees of the Authority under sub-section (2) of section 21;
(j) the demographic information and biometric information under clause (a) and the manner of their collection under clause (b) of sub-section (2) of section 23;
(k) the manner of maintaining and updating the information of individuals in the Central Identities Data Repository under clause (f) of sub-section (2) of section 23;
(l) the manner of omitting and deactivating an Aadhaar number and information relating thereto under clause (g) of sub-section (2) of section 23;
(m) the manner of use of Aadhaar numbers for the purposes of providing or availing of various subsidies, benefits, services and other purposes for which Aadhaar numbers may be used under clause (h) of sub-section (2) of section 23;
(n) the terms and conditions for appointment of Registrars, enrolling agencies and other service providers and the revocation of appointments thereof under clause (i) of sub-section (2) of section 23;
(o) the manner of sharing information of Aadhaar number holder under clause (k) of sub-section (2) of section 23;
(p) various processes relating to data management, security protocol and other technology safeguards under clause (m) of sub-section (2) of section 23;
(q) the procedure for issuance of new Aadhaar number to existing Aadhaar number holder under clause (n) of sub-section (2) of section 23;
(r) manner of authorising Registrars, enrolling agencies or other service providers to collect such fees for services provided by them under clause (o) of sub-section (2) of section 23;
(s) policies and practices to be followed by the Registrar, enrolling agencies and other service providers under clause (r) of sub-section (2) of section 23;
(t) the manner of accessing the identity information by the Aadhaar number holder under the proviso to sub-section (5) of section 28;
(u) the manner of sharing the identity information, other than core biometric information, collected or created under this Act under sub-section (2) of section 29;
(v) the manner of alteration of demographic information under sub-section (1) and biometric information under sub-section (2) of section 31;
(w) the manner of and the time for maintaining the request for authentication and the response thereon under sub-section (1), and the manner of obtaining, by the Aadhaar number holder, the authentication records under sub-section (2) of section 32;
(x) any other matter which is required to be, or may be, specified, or in respect of which provision is to be or may be made by regulations.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:---
1[(a) the entities or group of entities in the Aadhaar ecosystem under clause (aa), the biometric information under clause (g) and the demographic information under clause (k), the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m), and the modes of offline verification of Aadhaar number holder under clause (pa) of section 2;]
(b) the manner of verifying the demographic information and biometric information for issue of Aadhaar number under sub-section (3) of section 3;
2[(ba) the manner of generating an alternative virtual identity under sub-section (4) of section 3;
(bb) the manner in which cancellation of an Aadhaar number may be carried out under sub-section (2) of section 3A;]
(c) the conditions for accepting an Aadhaar number as proof of identity of the Aadhaar number holder under sub-section (3) of section 4;
2[(ca) standards of privacy and security to be complied with by the requesting entities under sub-section (4) of section 4;
(cb) the classification of requesting entities under sub-section (5) of section 4;]
(d) the other categories of individuals under section 5 for whom the Authority shall take special measures for allotment of Aadhaar number;
(e) the manner of updating biometric information and demographic information under section 6;
(f) the procedure for authentication of the Aadhaar number under section 8;
3[(fa) the alternate and viable means of identification of individual under the proviso to clause (b) of sub-section (2) of section 8;
(fb) the manner of obtaining consent under clause (a) of sub-section (2), the manner of providing information to the individual undergoing offline verification under sub-section (3), and the obligations of offline verification-seeking entities under clause (c) of sub-section (4) of section 8A;]
(g) the other functions to be performed by the Central Identities Data Repository under section 10;
(h) the time and places of meetings of the Authority and the procedure for transaction of business to be followed by it, including the quorum, under sub-section (1) of section 19;
(i) the salary and allowances payable to, and other terms and conditions of service of, the chief executive officer, officers and other employees of the Authority under sub-section (2) of section 21;
(j) the demographic information and biometric information under clause (a) and the manner of their collection under clause (b) of sub-section (2) of section 23;
(k) the manner of maintaining and updating the information of individuals in the Central Identities Data Repository under clause (f) of sub-section (2) of section 23;
(l) the manner of omitting and deactivating an Aadhaar number and information relating thereto under clause (g) of sub-section (2) of section 23;
(m) the manner of use of Aadhaar numbers for the purposes of providing or availing of various subsidies, benefits, services and other purposes for which Aadhaar numbers may be used under clause (h) of sub-section (2) of section 23;
(n) the terms and conditions for appointment of Registrars, enrolling agencies and other service providers and the revocation of appointments thereof under clause (i) of sub-section (2) of section 23;
(o) the manner of sharing information of Aadhaar number holder under clause (k) of sub-section (2) of section 23;
(p) various processes relating to data management, security protocol and other technology safeguards under clause (m) of sub-section (2) of section 23;
(q) the procedure for issuance of new Aadhaar number to existing Aadhaar number holder under clause (n) of sub-section (2) of section 23;
(r) manner of authorising Registrars, enrolling agencies or other service providers to collect such fees for services provided by them under clause (o) of sub-section (2) of section 23;
(s) policies and practices to be followed by the Registrar, enrolling agencies and other service providers under clause (r) of sub-section (2) of section 23;
(t) the manner of accessing the identity information by the Aadhaar number holder under the proviso to sub-section (5) of section 28;
(u) the manner of sharing the identity information, other than core biometric information, collected or created under this Act under sub-section (2) of section 29;
(v) the manner of alteration of demographic information under sub-section (1) and biometric information under sub-section (2) of section 31;
(w) the manner of and the time for maintaining the request for authentication and the response thereon under sub-section (1), and the manner of obtaining, by the Aadhaar number holder, the authentication records under sub-section (2) of section 32;
(x) any other matter which is required to be, or may be, specified, or in respect of which provision is to be or may be made by regulations.
1. Subs. by Act 14 of 2019, s. 24 for clause (a) (w.e.f. 25-7-2019).
2. Ins. by s. 24, ibid, (w.e.f. 25-7-2019).
3. Ins. by ibid, (w.e.f. 25-7-2019).
2. Ins. by s. 24, ibid, (w.e.f. 25-7-2019).
3. Ins. by ibid, (w.e.f. 25-7-2019).
Section 55 Laying of rules and regulations before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both the Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter 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 under that rule or regulation
Section 56 Application of other laws not barred.
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
Section 57 Act not to prevent use of Aadhaar number for other purposes under law.
Omitted by the the Aadhaar and Other Laws (Amendment) Act 2019 (Act14 of 2019), s. 25 (w.e.f. 25-07-2019)
Section 58 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 59 Savings.
Anything done or any action taken by the Central Government under the Resolution of the Government of India, Planning Commission bearing notification number A-43011/02/2009-Admin. I, dated the 28th January, 2009, or by the Department of Electronics and Information Technology under the Cabinet Secretariat Notification bearing notification number S.O. 2492(E), dated the 12th September, 2015, as the case may be, shall be deemed to have been validly done or taken under this Act.