Vidhi Codex

Aadhaar Act, 2016

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

General201669 sections9 chapters

The Aadhaar Act, 2016 regulates India's unique biometric identification registry, establishing how residents' fingerprint, iris, and demographic details are collected and stored. It applies to all residents of India, enrolling agencies, and any public or private entity requesting identity verification. This legislation matters because it connects government welfare subsidies, benefits, and services directly to verified individuals, thereby reducing fraud and ensuring public resources reach the needy. Additionally, it establishes the Unique Identification Authority of India, mandates strict data confidentiality to protect resident privacy, and imposes severe penalties, including imprisonment and fines, for unauthorized access or security breaches.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II ENROLMENT →

  1. 3Aadhaar number.
  2. 3AAadhaar number of children
  3. 4Properties of Aadhaar number.
  4. 5Special measures for issuance of Aadhaar number to certain category of persons.
  5. 6Update of certain information.

Chapter III AUTHENTICATION →

  1. 7Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc.
  2. 8Authentication of Aadhaar number.
  3. 8AOffline verification of Aadhaar number.
  4. 9Aadhaar number not evidence of citizenship or domicile, etc.
  5. 10Central Identities Data Repository.

Chapter IV UNIQUE IDENTIFICATION AUTHORITY OF INDIA →

  1. 11Establishment of Authority.
  2. 12Composition of Authority.
  3. 13Qualifications for appointment of Chairperson and Members of Authority.
  4. 14Term of office and other conditions of service of Chairperson and Members.
  5. 15Removal of Chairperson and Members.
  6. 16Restrictions on Chairperson or Members on employment after cessation of office.
  7. 17Functions of Chairperson.
  8. 18Chief executive officer.
  9. 19Meetings of Authority.
  10. 20Vacancies, etc., not to invalidate proceedings of Authority.
  11. 21Officers and other employees of Authority.
  12. 22Transfer of assets, liabilities of Authority.
  13. 23Powers and functions of Authority.
  14. 23APower of Authority to issue directions.

Chapter V GRANTS, ACCOUNTS AND AUDIT AND ANNUAL REPORT →

  1. 24Grants by Central Government.
  2. 25Fund.
  3. 26Accounts and audit.
  4. 27Returns and annual report, etc.

Chapter VI PROTECTION OF INFORMATION →

  1. 28Security and confidentiality of information.
  2. 29Restriction on sharing information.
  3. 30Biometric information deemed to be sensitive personal information.
  4. 31Alteration of demographic information or biometric information.
  5. 32Access to own information and records of requests for authentication.
  6. 33Disclosure of information in certain cases.

Chapter VII OFFENCES AND PENALTIES →

  1. 34Penalty for impersonation at time of enrolment.
  2. 35Penalty for impersonation of Aadhaar number holder by changing demographic information or biometric information.
  3. 36Penalty for impersonation.
  4. 37Penalty for disclosing identity information.
  5. 38Penalty for unauthorised access to the Central Identities Data Repository.
  6. 39Penalty for tampering with data in Central Identities Data Repository.
  7. 40Penalty for unauthorised use by requesting entity or offline verification-seeking entity.
  8. 41Penalty for non-compliance with intimation requirements.
  9. 42General penalty.
  10. 43Offences by companies.
  11. 44Act to apply for offence or contravention committed outside India.
  12. 45Power to investigate offences.
  13. 46Penalties not to interfere with other punishments.
  14. 47Cognizance of offences.

Chapter VIII MISCELLANEOUS →

  1. 48Power of Central Government to supersede Authority.
  2. 49Members, officers, etc., to be public servants.
  3. 50Power of Central Government to issue directions.
  4. 50AExemption from tax on income.
  5. 51Delegation.
  6. 52Protection of action taken in good faith.
  7. 53Power of Central Government to make rules.
  8. 54Power of Authority to make regulations.
  9. 55Laying of rules and regulations before Parliament.
  10. 56Application of other laws not barred.
  11. 57Act not to prevent use of Aadhaar number for other purposes under law.
  12. 58Power to remove difficulties.
  13. 59Savings.

Chapter VIA CIVIL PENALTIES →

  1. 33APenalty for failure to comply with provisions of this Act, rules, regulations and directions.
  2. 33BPower to adjudicate.
  3. 33CAppeals to Appellate Tribunal.
  4. 33DProcedure and powers of the Appellate Tribunal
  5. 33EAppeal to Supreme Court of India.
  6. 33FCivil court not to have jurisdiction

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