The AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016
chandigarh · 2016
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act,
- S. 2Section 2 defines key terms used in the AADHAAR Act, including "Aadhaar number," "authentication," and "benefit."
- S. 3Section 3 mandates residents to obtain an Aadhaar number by providing information, with government permission for others, and details on data use and access.
Chapter CHAPTER II
- S. 4(1) An Aadhaar number, issued to an individual shall not be re-assigned to any other individual
- S. 5Section mandates special measures for issuing Aadhaar numbers to vulnerable groups without permanent residences.
- S. 6Section allows the Authority to periodically update Aadhaar holders' demographic and biometric data to maintain accuracy in the Central Identities Data Repository.
- S. 7Section mandates government to require Aadhaar authentication for subsidy, benefit, or service eligibility, with alternate IDs offered if no Aadhaar is assigned.
- S. 8Section 8 mandates the Authority to authenticate Aadhaar numbers and regulates requesting entities' use and disclosure of identity information.
Chapter CHAPTER III
- S. 9Section 9 clarifies that Aadhaar number or its authentication does not prove citizenship or domicile.
- S. 10Section 10 authorizes the Authority to hire entities for managing the Central Identities Data Repository and related functions.
- S. 11Section establishes the Unique Identification Authority of India to manage enrollment, authentication, and other assigned functions under the Act.
- S. 12Section 12 establishes the composition of the Authority with a Chairperson, two part-time Members, and a chief executive officer as Member-Secretary, all appointed by the Central Government.
- S. 13Section 13 specifies qualifications for AADHAAR Authority members: ability, integrity, and at least ten years' experience in relevant fields.
- S. 14Section 14 outlines the term, eligibility, oath, resignation, removal, and compensation for the Chairperson and Members of the AADHAAR Act.
- S. 15Section 15 allows the Central Government to remove the Chairperson or a Member of the AADHAAR Authority for specified reasons including insolvency, incapacity, or abuse of position.
- S. 16Section 16 prohibits former AADHAAR Authority officials from engaging in certain employment or advisory roles for three years post-tenure.
- S. 17Section 17 grants the Chairperson authority to lead Authority meetings and perform other prescribed duties.
- S. 18Section 18 appoints a chief executive officer for the Authority, outlining their responsibilities and annual reporting duties.
- S. 19Section 19 outlines the meeting procedures, quorum, voting, and conflict of interest disclosure for the Authority under the AADHAAR Act.
- S. 20Section 20 ensures that the Authority's actions remain valid despite vacancies, appointment defects, or procedural irregularities.
- S. 21Section 21 authorizes the Authority to determine its staffing needs and terms of service for its officers and employees, subject to Central Government approval.
- S. 22Section 22 transfers all assets, liabilities, and data of the Unique Identification Authority of India to the new Authority established under the Act.
- S. 23Section 23 outlines the Authority's powers to develop policies, procedures, and systems for issuing and managing Aadhaar numbers and related data.
Chapter CHAPTER IV
- S. 24Section authorizes the Central Government to provide financial grants to the Authority for implementing the Act.
- S. 25The fees or revenue collected by the Authority shall be credited to the Consolidated Fund of India
- S. 26Section 26 mandates the Authority to maintain and audit accounts, with the Comptroller and Auditor-General overseeing audits and reporting to the Central Government.
- S. 27Section mandates the Authority to provide annual reports and returns to the Central Government and Parliament.
- S. 28(1) The Authority shall ensure the security of identity information and authentication records of individuals
- S. 29Section 29 restricts sharing and use of core biometric information collected under the AADHAAR Act to specific purposes and mandates confidentiality of identity information.
- S. 30Section 30 treats biometric data collected under the Act as electronic records and sensitive personal data, applying IT Act provisions.
- S. 31Section 31 allows Aadhaar holders to request updates to their demographic and biometric information, which the Authority may alter if satisfied.
- S. 32(1) The Authority shall maintain authentication records in such manner and for such period as may be specified by regula
- S. 33Section 33 allows court and national security disclosures of Aadhaar information, with oversight and hearing requirements.
Chapter 1[CHAPTER VIA
- S. 33APenalty for failure to comply with provisions of this Act, rules, regulations and directions.--
- S. 33BPower to adjudicate.--
- S. 33CAppeals to Appellate Tribunal.--
- S. 33DProcedure and powers of the Appellate Tribunal.--
- S. 33EAppeal to Supreme Court of India.--
- S. 33FCivil Court not to have jurisdiction.--
- S. 34Section 34 penalizes impersonation using false demographic or biometric data with up to three years imprisonment or a fine.
- S. 35Section penalizes impersonation to alter Aadhaar holder's demographic or biometric info for harm or identity appropriation.
- S. 36Section penalizes unauthorized individuals or companies pretending to collect identity information under the Act with up to three years' imprisonment or fines.
- S. 37Section 37 penalizes unauthorized disclosure of AADHAAR identity information with up to three years imprisonment or fines.
- S. 38Section 38 penalizes unauthorized access, manipulation, or theft of data in the Central Identities Data Repository under the AADHAAR Act.
- S. 39Section penalizes unauthorized use or tampering of Aadhaar data with up to three years imprisonment and a fine.
- S. 40Section penalizes requesting entities for misusing individual identity information, with imprisonment up to three years or fines.
- S. 41Section penalizes enrolling agencies or requesting entities for non-compliance with specified Aadhaar data requirements with fines or imprisonment.
- S. 42Section 42 imposes penalties for offenses under the AADHAAR Act, including imprisonment or fines up to ₹25,000 for individuals and ₹1 lakh for companies.
- S. 43Section 43 makes company officers liable for offenses committed by the company if they were in charge or if the offense was due to their neglect.
- S. 44Section 44 applies the Act's provisions to offenses committed abroad involving data in the Central Identities Data Repository.
- S. 45Section 45 mandates that police officers of Inspector rank or higher investigate offenses under the AADHAAR Act.
- S. 46Section 46 allows other penalties under different laws despite penalties under this Act.
- S. 47Section 47 restricts court jurisdiction to try offenses under the Act to Chief Metropolitan Magistrates or higher, requiring complaints from the Authority.
- S. 48Section 48 allows the Central Government to temporarily replace the Authority if it fails to comply with directions or if a public emergency arises.
- S. 49Section 49 deems Authority personnel acting under the Act as public servants under the Indian Penal Code.
- S. 50Section 50 mandates the Authority to follow policy directions from the Central Government, except for technical or administrative matters.
Chapter CHAPTER VIII
- S. 51Section 51 allows the Authority to delegate its powers and functions under the Act to members, officers, or others, except for the power under section 54.
- S. 52Section 52 protects officials from legal action for good faith actions under the AADHAAR Act.
- S. 53(1) The Central Government may, by notification, make rules to carry out the provisions of this Act
- S. 54Section 54 authorizes the Authority to make regulations for implementing the Act, including processes for collecting, verifying, and updating Aadhaar information.
- S. 55Section 55 mandates rules and regulations made under the AADHAAR Act to be presented to Parliament for 30 days, with potential modifications or annulment by both Houses.
- S. 56The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force
- S. 57Section 57 allows use of Aadhaar for identity verification under existing laws or contracts, subject to privacy and procedural rules.
- S. 58Section 58 allows the Central Government to issue orders to resolve difficulties in implementing the Act, but only within three years of its commencement.
- S. 59Section 59 validates actions by the Central Government and Department of Electronics and Information Technology under prior notifications.