CIVIL

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

Adhar

THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016
NO. 18 OF 2016
[25th March, 2016.]

An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:


CHAPTER I
PRELIMINARY
1. (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 except the State of Jammu and Kashmir 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 date 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. In this Act, unless the context otherwise requires,—
(a) “Aadhaar number” means an identification number issued to an individual
under sub-section (3) of section 3;
(b) “Aadhaar number holder” means an individual who has been issued an
Aadhaar number under this Act;
(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;
(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;
(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.

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CHAPTER II
ENROLMENT
3. (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.
4. (1) An Aadhaar number, issued to an individual shall not be re-assigned 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.
(3) An Aadhaar number, in physical or electronic form subject to authentication and
other conditions, as may be specified by regulations, may be accepted as proof of identity
of the Aadhaar number holder for any purpose.
Explanation.— For the purposes of this sub-section, the expression “electronic
form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of
section 2 of the Information Technology Act, 2000.

5. 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.
6. 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.

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CHAPTER III
AUTHENTICATION
7. 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, 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.
8. (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
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.
(3) A requesting entity shall inform, in such manner as may be specified by regulations,
the individual submitting his identity information for authentication, 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.
9. 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.
10. 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.

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CHAPTER IV
UNIQUE IDENTIFICATION AUTHORITY OF INDIA
11. (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.
12. 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 MemberSecretary
of the Authority, to be appointed by the Central Government.
13. 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.
14. (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.
15. (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.
16. 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;
(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.
17. 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.
18. (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.
19. (1) The Authority shall meet at such times and places and shall observe such rules
of procedure in regard to the transaction of business at its meetings, including quorum at
such meetings, as may be specified by regulations.
(2) The Chairperson, or, if for any reason, he is unable to attend a meeting of the
Authority, the senior most Member shall preside over the meetings of the Authority.
(3) All questions which come up before any meeting of the Authority shall be decided
by a majority of votes by the Members present and voting and in the event of an equality
of votes, the Chairperson or in his absence the presiding Member shall have a casting vote.
(4) All decisions of the Authority shall be signed by the Chairperson or any other
Member or the Member-Secretary authorised by the Authority in this behalf.
(5) If any Member, who is a director of a company and who as such director, has any
direct or indirect pecuniary interest in any manner coming up for consideration at a meeting
of the Authority, he shall, as soon as possible after relevant circumstances have come to his
knowledge, disclose the nature of his interest at such meeting and such disclosure shall be
recorded in the proceedings of the Authority, and the Member shall not take part in any
deliberation or decision of the Authority with respect to that matter.
20. No act or proceeding of the Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Authority;
(b) any defect in the appointment of a person as Chairperson or Member of the
Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of
the case.
21. (1) The Authority may, with the approval of the Central Government, determine
the number, nature and categories of other officers and employees required by the Authority
in the discharge of its functions.
(2) The salaries and allowances payable to, and the other terms and conditions of
service of, the chief executive officer and other officers and other employees of the Authority
shall be such as may be specified by regulations with the approval of the Central Government.
22. On and from the establishment of the Authority—
(a) all the assets and liabilities of the Unique Identification Authority of India,
established vide notification of the Government of India in the Planning Commission
number A-43011/02/2009-Admin. I, dated the 28th January, 2009, shall stand transferred
to, and vested in, the Authority.
Explanation.—The assets of such Unique Identification Authority of India
shall be deemed to include all rights and powers, and all properties, whether movable
or immovable, including, in particular, cash balances, deposits and all other interests
and rights in, or arising out of, such properties as may be in the possession of such
Unique Identification Authority of India and all books of account and other documents
relating to the same; and liabilities shall be deemed to include all debts, liabilities and
obligations of whatever kind;
(b) without prejudice to the provisions of clause (a), all data and information
collected during enrolment, all details of authentication performed, debts, obligations
and liabilities incurred, all contracts entered into and all matters and things engaged
to be done by, with or for such Unique Identification Authority of India immediately
before that day, for or in connection with the purpose of the said Unique Identification
Authority of India, shall be deemed to have been incurred, entered into or engaged to
be done by, with or for, the Authority;

(c) all sums of money due to the said Unique Identification Authority of India
immediately before that day shall be deemed to be due to the Authority; and
(d) all suits and other legal proceedings instituted or which could have been
instituted by or against such Unique Identification Authority of India immediately
before that day may be continued or may be instituted by or against the Authority.
23. (1) The Authority shall develop the policy, procedure and systems for issuing
Aadhaar numbers to individuals and perform authentication thereof under this Act.
(2) Without prejudice to sub-section (1), the powers and functions of the Authority,
inter alia, include—
(a) specifying, by regulations, demographic information and biometric
information required for enrolment and the processes for collection and verification
thereof;
(b) collecting demographic information and biometric information from any
individual seeking an Aadhaar number in such manner as may be specified by
regulations;
(c) appointing of one or more entities to operate the Central Identities Data
Repository;
(d) generating and assigning Aadhaar numbers to individuals;
(e) performing authentication of Aadhaar numbers;
(f) maintaining and updating the information of individuals in the Central Identities
Data Repository in such manner as may be specified by regulations;
(g) omitting and deactivating of an Aadhaar number and information relating
thereto in such manner as may be specified by regulations;
(h) specifying 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;
(i) specifying, by regulations, the terms and conditions for appointment of
Registrars, enrolling agencies and service providers and revocation of appointments
thereof;
(j) establishing, operating and maintaining of the Central Identities Data
Repository;
(k) sharing, in such manner as may be specified by regulations, the information
of Aadhaar number holders, subject to the provisions of this Act;
(l) calling for information and records, conducting inspections, inquiries and
audit of the operations for the purposes of this Act of the Central Identities Data
Repository, Registrars, enrolling agencies and other agencies appointed under this
Act;
(m) specifying, by regulations, various processes relating to data management,
security protocols and other technology safeguards under this Act;
(n) specifying, by regulations, the conditions and procedures for issuance of
new Aadhaar number to existing Aadhaar number holder;
(o) levying and collecting the fees or authorising the Registrars, enrolling
agencies or other service providers to collect such fees for the services provided by
them under this Act in such manner as may be specified by regulations;
(p) appointing such committees as may be necessary to assist the Authority in
discharge of its functions for the purposes of this Act;
(q) promoting research and development for advancement in biometrics and
related areas, including usage of Aadhaar numbers through appropriate mechanisms;

(r) evolving of, and specifying, by regulations, policies and practices for
Registrars, enrolling agencies and other service providers;
(s) setting up facilitation centres and grievance redressal mechanism for redressal
of grievances of individuals, Registrars, enrolling agencies and other service providers;
(t) such other powers and functions as may be prescribed.
(3) The Authority may,—
(a) enter into Memorandum of Understanding or agreement, as the case may
be, with the Central Government or State Governments or Union territories or other
agencies for the purpose of performing any of the functions in relation to collecting,
storing, securing or processing of information or delivery of Aadhaar numbers to
individuals or performing authentication;
(b) by notification, appoint such number of Registrars, engage and authorise
such agencies to collect, store, secure, process information or do authentication or
perform such other functions in relation thereto,
as may be necessary for the purposes of this Act.
(4) The Authority may engage such consultants, advisors and other persons as may
be required for efficient discharge of its functions under this Act on such allowances or
remuneration and terms and conditions as may be specified by contract.

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CHAPTER V
GRANTS, ACCOUNTS AND AUDIT AND ANNUAL REPORT
24. The Central Government may, after due appropriation made by Parliament by law
in this behalf, make to the Authority, grants of such sums of money as the Central Government
may think fit for being utilised for the purposes of this Act.
25. The fees or revenue collected by the Authority shall be credited to the Consolidated
Fund of India.
26. (1) The Authority shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authority shall be audited annually by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Authority to the Comptroller
and Auditor-General.
(3) The Comptroller and Auditor-General of India and any person appointed by him in
connection with the audit the accounts of the Authority under this Act shall have the same
rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General generally has in connection with the audit of Government accounts, and in
particular, shall have the right to demand production of books, accounts, connected vouchers
and other documents and papers, and to inspect any of the offices of the Authority.
(4) The accounts of the Authority, as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf, together with the audit report
thereon shall be forwarded annually to the Central Government by the Authority and the
Central Government shall cause the audit report to be laid, as soon as may be after it is
received, before each House of Parliament.
27. (1) The Authority shall furnish to the Central Government at such time and in
such form and manner as may be prescribed or as the Central Government may direct, such
returns and statements and particulars in regard to any matter under the jurisdiction of the
Authority, as the Central Government may from time to time require.

(2) The Authority shall prepare, once in every year, and in such form and manner and
at such time as may be prescribed, an annual report giving—
(a) a description of all the activities of the Authority for the previous years;
(b) the annual accounts for the previous year; and
(c) the programmes of work for coming year.
(3) A copy of the report received under sub-section (2) shall be laid by the Central
Government, as soon as may be after it is received, before each House of Parliament.

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CHAPTER VI
PROTECTION OF INFORMATION
28. (1) The Authority shall ensure the security of identity information and
authentication records of individuals.
(2) Subject to the provisions of this Act, the Authority shall ensure confidentiality of
identity information and authentication records of individuals.
(3) The Authority shall take all necessary measures to ensure that the information in
the possession or control of the Authority, including information stored in the Central
Identities Data Repository, is secured and protected against access, use or disclosure not
permitted under this Act or regulations made thereunder, and against accidental or intentional
destruction, loss or damage.
(4) Without prejudice to sub-sections (1) and (2), the Authority shall—
(a) adopt and implement appropriate technical and organisational security
measures;
(b) ensure that the agencies, consultants, advisors or other persons appointed
or engaged for performing any function of the Authority under this Act, have in place
appropriate technical and organisational security measures for the information; and
(c) ensure that the agreements or arrangements entered into with such agencies,
consultants, advisors or other persons, impose obligations equivalent to those
imposed on the Authority under this Act, and require such agencies, consultants,
advisors and other persons to act only on instructions from the Authority.
(5) Notwithstanding anything contained in any other law for the time being in force,
and save as otherwise provided in this Act, the Authority or any of its officers or other
employees or any agency that maintains the Central Identities Data Repository shall not,
whether during his service or thereafter, reveal any information stored in the Central Identities
Data Repository or authentication record to anyone:
Provided that an Aadhaar number holder may request the Authority to provide access
to his identity information excluding his core biometric information in such manner as may
be specified by regulations.
29. (1) No core biometric information, collected or created under this Act, shall be—
(a) shared with anyone for any reason whatsoever; or
(b) used for any purpose other than generation of Aadhaar numbers and
authentication under this Act.
(2) The identity information, other than core biometric information, collected or created
under this Act may be shared only in accordance with the provisions of this Act and in
such manner as may be specified by regulations.
(3) No identity information available with a requesting entity shall be—
(a) used for any purpose, other than that specified to the individual at the time
of submitting any identity information for authentication; or (b) disclosed further, except with the prior consent of the individual to whom
such information relates.
(4) No Aadhaar number or core biometric information collected or created under this
Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly,
except for the purposes as may be specified by regulations.
30. The biometric information collected and stored in electronic form, in accordance
with this Act and regulations made thereunder, shall be deemed to be “electronic record”
and “sensitive personal data or information”, and the provisions contained in the Information
Technology Act, 2000 and the rules made thereunder shall apply to such information, in
addition to, and to the extent not in derogation of the provisions of this Act.
Explanation.— For the purposes of this section, the expressions—
(a) “electronic form” shall have the same meaning as assigned to it in clause (r)
of sub-section (1) of section 2 of the Information Technology Act, 2000;
(b) “electronic record” shall have the same meaning as assigned to it in
clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000;
(c) “sensitive personal data or information” shall have the same meaning as
assigned to it in clause (iii) of the Explanation to section 43A of the Information
Technology Act, 2000.
31. (1) In case any demographic information of an Aadhaar number holder is found
incorrect or changes subsequently, the Aadhaar number holder shall request the Authority
to alter such demographic information in his record in the Central Identities Data Repository
in such manner as may be specified by regulations.
(2) In case any biometric information of Aadhaar number holder is lost or changes
subsequently for any reason, the Aadhaar number holder shall request the Authority to
make necessary alteration in his record in the Central Identities Data Repository in such
manner as may be specified by regulations.
(3) On receipt of any request under sub-section (1) or sub-section (2), the Authority
may, if it is satisfied, make such alteration as may be required in the record relating to such
Aadhaar number holder and intimate such alteration to the concerned Aadhaar number
holder.
(4) No identity information in the Central Identities Data Repository shall be altered
except in the manner provided in this Act or regulations made in this behalf.
32. (1) The Authority shall maintain authentication records in such manner and for
such period as may be specified by regulations.
(2) Every Aadhaar number holder shall be entitled to obtain his authentication record
in such manner as may be specified by regulations.
(3) The Authority shall not, either by itself or through any entity under its control,
collect, keep or maintain any information about the purpose of authentication.
33. (1) Nothing contained in sub-section (2) or sub-section (5) of section 28 or
sub-section (2) of section 29 shall apply in respect of any disclosure of information, including
identity information or authentication records, made pursuant to an order of a court not
inferior to that of a District Judge:
Provided that no order by the court under this sub-section shall be made without
giving an opportunity of hearing to the Authority.
(2) Nothing contained in sub-section (2) or sub-section (5) of section 28 and
clause (b) of sub-section (1), sub-section (2) or sub-section (3) of section 29 shall apply in
respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not
below the rank of Joint Secretary to the Government of India specially authorised in this
behalf by an order of the Central Government:
Provided that every direction issued under this sub-section, shall be reviewed by an
Oversight Committee consisting of the Cabinet Secretary and the Secretaries to the
Government of India in the Department of Legal Affairs and the Department of Electronics
and Information Technology, before it takes effect:
Provided further that any direction issued under this sub-section shall be valid for a
period of three months from the date of its issue, which may be extended for a further period
of three months after the review by the Oversight Committee.

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CHAPTER VII
OFFENCES AND PENALTIES
34. 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.
35. 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.
36. 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.
37. 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.
38. 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 three 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,
and the expression “computer source code” shall have the meaning assigned to it in the
Explanation to section 65 of the said Act.
39. 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 three years
and shall also be liable to a fine which may extend to ten thousand rupees.
40. Whoever, being a requesting entity, uses the identity information of an individual
in contravention of sub-section (3) of section 8, 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.
41. Whoever, being an enrolling agency or a requesting entity, fails to comply with
the requirements of sub-section (2) of section 3 or sub-section (3) of section 8, shall be
punishable with imprisonment which may extend to one year 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.
42. 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 one year or with a fine which
may extend to twenty-five thousand rupees or, in the case of a company, with a fine which
may extend to one lakh rupees, or with both.
43. (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.
44. (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.
45. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a
police officer not below the rank of Inspector of Police shall investigate any offence under
this Act.
46. 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.
47. (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.
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate shall try any offence punishable under this Act.
CHAPTER VIII
MISCELLANEOUS
48. (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.
49. 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.
50. (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.
51. The Authority may, by general or special order in writing, delegate to any Member,
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.
52. 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.
53. (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;
(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;
(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.
54. (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:—
(a) the biometric information under clause (g) and the demographic information
under clause (k), and the process of collecting demographic information and biometric
information from the individuals by enrolling agencies under clause (m) 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;
(c) the conditions for accepting an Aadhaar number as proof of identity of the
Aadhaar number holder under sub-section (3) 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;
(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.
55. 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.
56. The provisions of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force.
57. Nothing contained in this Act shall prevent the use of Aadhaar number for
establishing the identity of an individual for any purpose, whether by the State or any body
corporate or person, pursuant to any law, for the time being in force, or any contract to this
effect:
Provided that the use of Aadhaar number under this section shall be subject to the
procedure and obligations under section 8 and Chapter VI.
58. (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.

59. 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.
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