Sections Particulars
Preamble
An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is inc...
Chapter I Preliminary
1 Short title, extent and commencement
This Act may be called the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. It shall extend to the whole of India ...
2 Definitions
In this Act, unless the context otherwise requires,-In this Act, unless the context otherwise requires,-"Aadhaar number" means an identification number issued t...
Chapter II Enrolment
3 Aadhaar number
Every resident shall be entitled to obtain an Aadhaar number by submitting his demographic information and biometric information by undergoing the process of en...
4 Properties of Aadhaar number
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 ...
5 Special measures for issuance of Aadhaar number to certain category of persons
The Authority shall take special measures to issue Aadhaar number to women, children, senior citizens, persons with disability, unskilled and unorganised worker...
6 Update of certain information
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 ...
Chapter III Authentication
7 Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc
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...
8 Authentication of Aadhaar number
The Authority shall perform authentication of the Aadhaar number of an Aadhaar number holder submitted by any requesting entity, in relation to his biometric in...
9 Aadhaar number not evidence of citizenship or domicile, etc.
The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of an Aadhaar num...
10 Central Identities Data Repository
The Authority may engage one or more entities to establish and maintain the Central Identities Data Repository and to perform any other functions as may be spec...
Chapter IV Unique Identification Authority of India
11 Establishment of Authority.
The Central Government shall, by notification, establish an Authority to be known as the Unique Identification Authority of India to be responsible for the proc...
12 Composition of Authority
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 Me...
13 Qualifications for appointment of Chairperson and Members of Authority
The Chairperson and Members of the Authority shall be persons of ability and integrity having experience and knowledge of at least ten years in matters relating...
14 Term of office and other conditions of service of Chairperson and Members
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 elig...
15 Removal of Chairperson and Members
The Central Government may remove from office, the Chairperson, or a Member, who- is, or at any time has been adjudged as insolvent; has become physically or me...
16 Restrictions on Chairperson or Members on employment after cessation of office
The Chairperson or a Member on ceasing to hold office for any reason, shall not, without previous approval of the Central Government,-The Chairperson or a Membe...
17 Functions of Chairperson
The Chairperson shall preside over the meetings of the Authority, and without prejudice to any provision of this Act, exercise and discharge such other powers a...
18 Chief executive officer
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...
19 Meetings of Authority
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 ...
20 Vacancies, etc., not to invalidate proceedings of Authority
No act or proceeding of the Authority shall be invalid merely by reason of-No act or proceeding of the Authority shall be invalid merely by reason of-any vacanc...
21 Officers and other employees of Authority
The Authority may, with the approval of the Central Government, determine the number, nature and categories of other officers and employees required by the Auth...
22 Transfer of assets, liabilities of Authority
On and from the establishment of the Authority-On and from the establishment of the Authority-all the assets and liabilities of the Unique Identification Author...
23 Powers and functions of Authority
The Authority shall develop the policy, procedure and systems for issuing Aadhaar numbers to individuals and perform authentication thereof under this Act. With...
Chapter V Grants, Accounts and Audit and Annual Report
24 Grants by Central Government
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...
25 Other fees and revenues
The fees or revenue collected by the Authority shall be credited to the Consolidated Fund of India.The fees or revenue collected by the Authority shall be credi...
26 Accounts and auditw
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 Cen...
27 Returns and annual report, etc.
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, suc...
Chapter VI Protection of Information
28 Security and confidentiality of information
The Authority shall ensure the security of identity information and authentication records of individuals. Subject to the provisions of this Act, the Authority ...
29 Restriction on sharing information
No core biometric information, collected or created under this Act, shall be- shared with anyone for any reason whatsoever; or used for any purpose other than g...
30 Biometric information deemed to be sensitive personal information
The biometric information collected and stored in electronic form, in accordance with this Act and regulations made thereunder, shall be deemed to be "electroni...
31 Alteration of demographic information or biometric information
1. In case any demographic information of an Aadhaar number holder is found incorrect or changes subsequently, the Aadhaar number holder shall request the Autho...
32 Access to own information and records of requests for authentication
The Authority shall maintain authentication records in such manner and for such period as may be specified by regulations. Every Aadhaar number holder shall be ...
33 Disclosure of information in certain cases
Provided that every direction issued under this sub-section, shall be reviewed by an Oversight Committee consisting of the Cabinet Secretary and the Secretaries...
Chapter VII Offences and Penalties
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 biom...
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 ho...
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...
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...
38 Penalty for unauthorized access to the Central Identities Data Repository
Whoever, not being authorised by the Authority, intentionally,-Explanation.- For the purposes of this section, the expressions "computer contaminant", "computer...
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 ...
40 Penalty for unauthorized use by requesting entity
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 im...
41 Penalty for noncompliance 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 sub-section (3) of section 8...
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, sha...
43 Offences by companies
Explanation.- For the purposes of this section-Where an offence under this Act has been committed by a company, every person who at the time the offence was com...
44 Act to apply for offence or contravention committed outside India
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,...
45 Power to investigate offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Inspector of Police shall investigate any off...
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.No penalty imp...
47 Cognizance of offences
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. No...
Chapter VIII Miscellaneous
48 Power of Central Government to supersede Authority
If, at any time, the Central Government is of the opinion,- that, on account of circumstances beyond the control of the Authority, it is unable to discharge the...
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...
50 Power of Central Government to issue directions
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 ...
51 Delegation
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 ...
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 oth...
53 Power of Central Government to make rules
The Central Government may, by notification, make rules to carry out the provisions of this Act. In particular, and without prejudice to the generality of the f...
54 Power of Authority to make regulations
The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder, for carrying out the provisions of this Act. In par...
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, ...
56 Application of other laws not barred
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 an...
57 Act not to prevent use of Aadhaar number for other purposes under law
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 an...
58 Power to remove difficulties
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 prov...
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-4...
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