#THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 
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##ARRANGEMENT OF SECTIONS 

Last updated: 27-8-2021 
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##CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

##CHAPTER II 

###ENROLMENT 

3. Aadhaar number. 

3A. Aadhaar number of children. 

4. Properties of Aadhaar number. 

5. Special measures for issuance of Aadhaar number to certain category of persons.  

6. Update of certain information. 

##CHAPTER III 

###AUTHENTICATION 

7. Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc. 

8. Authentication of Aadhaar number. 

8A. Offline verification of Aadhaar number. 

9. Aadhaar number not evidence of citizenship or domicile, etc. 

10. Central Identities Data Repository. 

##CHAPTER IV 

###UNIQUE IDENTIFICATION AUTHORITY OF INDIA 

11. Establishment of Authority. 

12. Composition of Authority. 

13. Qualifications for appointment of Chairperson and Members of Authority.  

14. Term of office and other conditions of service of Chairperson and Members. 

15. Removal of Chairperson and Members.  

16. Restrictions on Chairperson or Members on employment after cessation of office. 

17. Functions of Chairperson.

18. Chief executive officer. 

19. Meetings of Authority. 

20. Vacancies, etc., not to invalidate proceedings of Authority. 

21. Officers and other employees of Authority. 

22. Transfer of assets, liabilities of Authority. 

23. Powers and functions of Authority. 

23A. Power of Authority to issue directions. 

##CHAPTER V 

###GRANTS, ACCOUNTSAND AUDITAND ANNUAL REPORT 

24. Grants by Central Government. 

25. Fund. 

26. Accounts and audit. 

27. Returns and annual report, etc.  

##CHAPTER VI 

###PROTECTION OF INFORMATION 

28. Security and confidentiality of information. 

29. Restriction on sharing information. 

30. Biometric information deemed to be sensitive personal information. 

31. Alteration of demographic information or biometric information. 

32. Access to own information and records of requests for authentication. 

33. Disclosure of information in certain cases.  

##CHAPTER VIA 

###CIVIL PENALTIES 

33A. Penalty for failure to comply with provisions of this Act, rules, regulations and 
directions. 

33B. Power to adjudicate. 

33C. Appeals to Appellate Tribunal. 

33D.  Procedure and powers of the Appellate Tribunal 

33E. Appeal to Supreme Court of India. 

33F. Civil court not to have jurisdiction.

##CHAPTER VII 

###OFFENCES AND PENALTIES 

34. Penalty for impersonation at time of enrolment.  

35. Penalty for impersonation of Aadhaar number holder by changing demographic information or 
biometric information. 

36. Penalty for impersonation. 

37. Penalty for disclosing identity information. 

38. Penalty for unauthorised access to the Central Identities Data Repository. 

39. Penalty for tampering with data in Central Identities Data Repository. 

40. Penalty for unauthorised use by requesting entity or offline verification-seeking entity. 

41. Penalty for non-compliance with intimation requirements. 

42. General penalty. 

43. Offences by companies. 

44. Act to apply for offence or contravention committed outside India. 

45. Power to investigate offences.  

46. Penalties not to interfere with other punishments. 

47. Cognizance of offences. 

##CHAPTER VIII 

###MISCELLANEOUS 

48. Power of Central Government to supersede Authority. 

49.  Members, officers, etc., to be public servants. 

50. Power of Central Government to issue directions. 

50A. Exemption from tax on income. 

51. Delegation. 

52. Protection of action taken in good faith. 

53. Power of Central Government to make rules. 

54. Power of Authority to make regulations. 

55. Laying of rules and regulations before Parliament.  

56. Application of other laws not barred. 

57. [Omitted.]. 

58. Power to remove difficulties. 

59. Savings.
 
 
 
#THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 

##ACT 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, or the Consolidated Fund of the State 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. **Short title, extent and commencement.**—(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 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. **Definitions.**—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, and includes any alternative virtual identity generated under sub-section (4) of that 
section;

(aa)  “Aadhaar  ecosystem”  includes  enrolling  agencies,  Registrars,  requesting  entities,  offline 
verification-seeking  entities  and  any  other  entity  or  group  of  entities  as  may  be  specified  by 
regulations;

(b) “Aadhaar number holder” means an individual who has been issued an Aadhaar number under 
this Act; 

(ba) “Adjudicating Officer” means an Adjudicating Officer appointed under sub-section (1) of 
section 33B; 

(bb) “Appellate Tribunal” means the Appellate Tribunal referred to in sub-section (1) of section 
33C;

(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; 

(ia) “child” means a person who has not completed eighteen years of age;

(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; 

(pa) “offline verification” means the process of verifying the identity of the Aadhaar number 
holder without authentication, through such offline modes as may be specified by regulations; 

(pb) “offline verification-seeking entity” means any entity desirous of undertaking offline 
verification of an Aadhaar number holder;

(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. 

##CHAPTER II 

###ENROLMENT 

3. **Aadhaar number.**—(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) The Aadhaar number issued to an individual under sub-section (3) shall be a twelve-digit 
identification number and any alternative virtual identity as an alternative to the actual Aadhaar number 
of  an  individual  that  shall  be  generated  by  the  Authority  in  such  manner  as  may  be  specified  by 
regulations.

3A. **Aadhaar number of children.**—(1) The enrolling agency shall, at the time of enrolment of a 
child,  seek  the  consent  of  the  parent  or  guardian  of  the  child,  and  inform  the  parent  or  guardian,  the 
details specified under sub-section (2) of section 3.

(2) A  child  who  is  an  Aadhaar  number  holder  may,  within  a  period  of  six  months  of  attaining  the 
eighteen  years  of age,  make  an  application to the  Authority  for cancellation  of  his  Aadhaar number, in 
such manner as may be specified by regulations and the Authority shall cancel his Aadhaar number. 

(3) Notwithstanding anything in section 7, a child shall not be denied any subsidy, benefit or service 
under that section in case of failure to establish his identity by undergoing authentication, or furnishing 
proof of possession of Aadhaar number, or in the case of a child to whom no Aadhaar number has been 
assigned, producing an application for enrolment.

4. **Properties of Aadhaar number.**—(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) Every Aadhaar number holder to establish his identity, may voluntarily use his Aadhaar number 
in physical or electronic form by way of authentication or offline verification, or in such other form as 
may be notified, in such manner as may be specified by regulations.

Explanation.— For  the  purposes  of  this  section,  voluntary  use  of  the  Aadhaar  number  by  way  of 
authentication  means  the  use  of  such  Aadhaar  number  only  with  the  informed  consent  of  the  Aadhaar 
number holder. 

(4) An entity may be allowed to perform authentication, if the Authority is satisfied that the requesting 
entity is— 

  (a) compliant with such standards of privacy and security as may be specified by regulations; and 

  (b)  (i)  permitted  to  offer  authentication  services  under  the  provisions  of  any  other  law  made  by 
Parliament; or 

  (ii) seeking  authentication  for  such  purpose,  as  the  Central  Government  in  consultation  with  the 
Authority, and in the interest of State, may prescribe. 

(5) The Authority may, by regulations, decide whether a requesting entity shall be permitted the use of 
the actual Aadhaar number during authentication or only an alternative virtual identity. 

(6) Every requesting entity to whom an authentication request is made by an Aadhaar number holder 
under  sub-section  (3)  shall  inform  to  the  Aadhaar  number  holder  of  alternate  and  viable  means  of 
identification  and  shall  not  deny  any  service  to  him  for  refusing  to,  or  being  unable  to,  undergo 
authentication. 

(7) Notwithstanding  anything  contained  in  the  foregoing  provisions,  mandatory  authentication  of  an 
Aadhaar number holder for the provision of any service shall take place if such authentication is required 
by a law made by Parliament.

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 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. **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 
specified by regulations, so as to ensure continued accuracy of their information in the Central Identities 
Data Repository.

##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 a subsidy, benefit or service for which 
the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India, 
or the Consolidated Fund of State 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. **Authentication of Aadhaar number.**—(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 or in the case of a 
child obtain the consent of his parent or guardian 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. 

Provided that the requesting entity shall, in case of failure to authenticate due to illness, injury 
or infirmity owing to old age or otherwise or any technical or other reasons, provide such alternate and 
viable means of identification of the individual, as may be specified by regulations.

(3) A requesting entity shall inform, in such manner as may be specified by regulations, the individual 
submitting his identity information for authentication or in the case of a child, his parent or guardian, 
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. 

8A. **Offline verification of Aadhaar number.**—(1) Every offline verification of an Aadhaar 
number holder shall be performed in accordance with the provisions of this section. 

(2) Every offline verification-seeking entity shall, — 

  (a) before performing offline verification, obtain the consent of an individual, or in the case of a 
child, his parent or guardian, in such manner as may be specified by regulations; and 

  (b) ensure that the demographic information or any other information collected from the individual 
for offline verification is only used for the purpose of such verification. 

(3) An offline verification-seeking entity shall inform the individual undergoing offline verification, or 
in the case of a child, his parent or guardian, the following details with respect to offline verification, in 
such manner as may be specified by regulations, namely:— 

  (a) the nature of information that may be shared upon offline verification; 

  (b) the uses to which the information received during offline verification may be put by the offline 
verification-seeking entity; and 

  (c) alternatives to submission of information requested for, if any. 

(4) No offline verification-seeking entity shall— 

  (a) subject an Aadhaar number holder to authentication; 

  (b) collect,  use,  or  store  an  Aadhaar  number  or  biometric  information  of  any  individual  for  any 
purpose; 

  (c) take any action contrary to any obligation on it as may be specified by regulations.

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 number holder.

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 specified by regulations.

##CHAPTER IV 

###UNIQUE IDENTIFICATION AUTHORITY OF INDIA 

11. **Establishment of Authority.**—(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. **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  Member-
Secretary of the Authority, to be appointed by the Central Government.

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 to technology, governance, law, development, economics, finance, 
management, public affairs or administration. 

14. **Term of office and other conditions of service of Chairperson and Members.**—(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. **Removal of Chairperson and Members.**—(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. **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,— 

  (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 (18 of 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. **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  and 
functions of the Authority as may be prescribed. 

18. **Chief executive officer.**—(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. **Meetings of Authority.**—(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 anequality 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. **Vacancies, etc., not to invalidate proceedings of Authority.**—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. **Officers and other employees of Authority.**—(1) The Authority shall appoint such officers and 
employees as may be required for the discharge of its functions under this Act.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, the 
officers and employees of the Authority shall be such as may be specified by regulations.

22. **Transfer of assets, liabilities of Authority.**—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. **Powers and functions of Authority.**—(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. 

23A. **Power of Authority to issue directions.**—(1)  The  Authority  may  for  the  discharge  of  its 
functions  under  this  Act,  or  any  rules  or  regulations  made  there  under,  by  order,  issue  such  directions 
from time to time to any entity in the Aadhaar ecosystem, as it may consider necessary.

(2) Every direction issued under sub-section (1) shall be complied with by the entity in the Aadhaar 
ecosystem to whom such direction is issued.

##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 
Government may think fit for being utilised for the purposes of this Act. 

25. **Fund.**—(1) There shall be constituted a Fund to be called the Unique Identification Authority of 
India Fund and there shall be credited thereto— 

  (a) all grants, fees and charges received by the Authority under this Act; and 

  (b) all sums received by the Authority from such other sources as may be decided upon by the 
Central Government. 

(2) The Fund shall be applied for meeting— 

  (a)  the  salaries  and  allowances  payable  to  the  Chairperson  and  members  and  administrative 
expenses including the salaries, allowances and pension payable to or in respect of officers and other 
employees of the Authority; and 

  (b) the expenses on objects and for purposes authorised by this Act.

26. **Accounts and audit.**—(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. **Returns and annual report, etc.**—(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. 
                                                           
##CHAPTER VI 

###PROTECTION OF INFORMATION 

28. **Security and confidentiality of information.**—(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. **Restriction on sharing information.**—(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 or offline verification-seeking entity 
shall be— 

  (a) used for any purpose, other than the purposes informed in writing to the individual at the time 
of submitting any information for authentication or offline verification; or 

  (b) disclosed for any purpose, other than purposes informed in writing to the individual at the time 
of submitting any information for authentication or offline verification: 

Provided  that  the  purposes  under  clauses  (a)  and  (b)  shall  be  in  clear  and  precise  language 
understandable to the individual.

(4) No Aadhaar number, demographic information or photograph 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. **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 “electronic record” and “sensitive personal data or information”, and 
the  provisions  contained  in  the  Information  Technology  Act,  2000  (21  of  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 (21 of 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 (21 of 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 (21 of 2000). 

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 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. **Access to own information and records of requests for authentication.**—(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. **Disclosure of information in certain cases.**—(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 Judge of a High Court: 

Provided  that  no  order  by  the  court  under  this  sub-section  shall  be  made  without  giving  an 
opportunity of hearing to the Authority and the concerned Aadhaar number holder.

Provided further that the core biometric information shall not be disclosed under this sub-section.

(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 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. 

##CHAPTER VIA  

###CIVIL PENALTIES 

33A. **Penalty for failure to comply with provisions of this Act, rules, regulations and directions.**—
(1) Where an entity in the Aadhaar ecosystem fails to comply with the provision of this Act, 
the rules or regulations made there under or directions issued by the Authority under section 23A, or fails 
to furnish any information, document, or return of report required by the Authority, such entity shall be 
liable  to  a  civil  penalty  which  may  extend  to  one  crore  rupees  for  each  contravention  and  in  case  of  a 
continuing  failure,  with  additional  penalty  which  may  extend  to  ten  lakh  rupees  for  every  day  during 
which the failure continues after the first contravention. 

(2) The amount of any penalty imposed under this section, if not paid, may be recovered as if it were 
an arrear of land revenue. 

33B. **Power to adjudicate.**—(1) For the purposes of adjudication under section 33A and imposing a 
penalty there under, the Authority shall appoint an officer of the Authority, who is not below the rank of a 
Joint Secretary to the Government of India and possessing such qualification and experience as may be 
prescribed, to be an Adjudicating Officer for holding an inquiry in such manner as may be prescribed.

(2) No inquiry under sub-section (1) shall be initiated except by a complaint made by the Authority. 

(3) While holding an inquiry, the Adjudicating Officer shall— 

  (a) provide the entity in the Aadhaar ecosystem against whom complaint is made, an opportunity of 
being heard; 

  (b) have the power to summon and enforce the attendance of any person acquainted with the facts 
and circumstances of the case to give evidence or to produce any document which, in the opinion of 
the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. 

(4) If the Adjudicating Officer, on such inquiry, is satisfied that the entity in the Aadhaar ecosystem 
has  failed  to  comply  with  any  provision  of  this  Act  or  the  rules  or  regulations  made  there  under  or 
directions issued by the Authority under section 23A, or has failed to furnish any information, document, 
or return of report required by the Authority, the Adjudicating Officer may, by order, impose such penalty 
under section 33A as he thinks fit.

33C. **Appeals to Appellate Tribunal.**—(1) The Telecom Disputes Settlement and Appellate Tribunal 
established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), shall 
be Appellate Tribunal for the purposes of hearing appeals against the decision of the Adjudicating Officer 
under this Act. 

(2) A person or entity in the Aadhaar ecosystem aggrieved by an order of the Adjudicating Officer 
under section 33B, may prefer an appeal to the Appellate Tribunal within a period of forty-five days from 
the date of receipt of the order appealed against, in such form and manner and accompanied with such fee 
as may be prescribed: 

Provided  that  the  Appellate  Tribunal  may  entertain  an  appeal  after  the  expiry  of  the  said  period  of 
forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. 

(3) On receipt of an appeal under sub-section (2), the Appellate Tribunal may, after giving the parties 
to  the  appeal  an  opportunity  of  being  heard,  pass  such  orders  thereon  as  it  thinks  fit,  confirming, 
modifying or setting aside the order appealed against. 

(4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and 
to the Adjudicating Officer. 

(5)  Any  appeal  filed  under  sub-section  (2)  shall  be  dealt  with  by  the  Appellate  Tribunal  as 
expeditiously  as  possible  and  every  endeavour  shall  be  made  by  it  to  dispose  of  the  appeal  within  six 
months from the date on which it is presented to it. 

(6) The Appellate Tribunal may, for the purpose of deciding an appeal before it, call for the records 
relevant to disposing of such appeal and make such orders as it thinks fit. 

33D. **Procedure and powers of the Appellate Tribunal.**—The provisions of sections 14-I to 14K 
(both inclusive), 16 and 17 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, 
mutatis mutandis, apply to the Appellate Tribunal in the discharge of its functions under this Act, as they 
apply to it in the discharge of its functions under that Act. 

33E. **Appeal to Supreme Court of India.**—(1) Notwithstanding anything contained in the Code of 
Civil Procedure, 1908 (5 of 1908) or in any other law for the time being in force, an appeal shall lie 
against any order, not being an interlocutory order, of the Appellate Tribunal to the Supreme Court on any 
substantial question of law arising out of such order. 

(2) No appeal shall lie against any decision or order made by the Appellate Tribunal which the parties 
have consented to. 

(3) Every appeal under this section shall be preferred within a period of forty-five days from the date 
of the decision or order appealed against: 

Provided  that  the  Supreme  Court  may  entertain  an  appeal  after  the  expiry  of  the  said  period  of              
forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. 

33F. **Civil court not to have jurisdiction.**—No civil court shall have jurisdiction to entertain any suit 
or  proceeding  in  respect  of  any  matter  which  an  Adjudicating  Officer  appointed  under  this  Act  or  the 
Appellate Tribunal is empowered, by or under this Act to determine, and no injunction shall be granted by 
any  court  or  other  authority  in  respect  of  any  action  taken  or  to  be  taken  in  pursuance  of  any  power 
conferred by or under this Act.

##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  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. **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 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. **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 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. **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  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. **Penalty for  unauthorised  access  to the  Central  Identities  Data  Repository.**—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 ten 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 (21 of 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. **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  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 ten years and shall also be liable to a fine which may extend to ten thousand rupees.

40. **Penalty for unauthorised use by requesting entity or offline verification-seeking entity.**— 

Whoever,—(a)  being  a  requesting  entity,  uses  the  identity  information  of  an  individual  in 
contravention of sub-section (2) of section 8; or 

(b)  being  an  offline  verification-seeking  entity,  uses  the  identity  information  of  an  individual  in 
contravention  of  sub-section  (2)  of  section  8A, 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. **Penalty for non-compliance 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, 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. **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, shall be punishable with 
imprisonment  for  a  term  which  may  extend  to  three 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. **Offences by companies.**—(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. **Act to apply for offence or contravention committed outside India.**—(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. **Power to investigate offences.**—Notwithstanding  anything  contained  in  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974), a police officer not below the rank of Inspector of Police shall investigate 
any offence under this Act.

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. 

47. **Cognizance of offences.**—(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. 

Provided that the court may, on a complaint made by an Aadhaar number holder or individual take 
cognizance of any offence punishable under section 34 or 35 or 36 or 37 or 40 or section 41.

(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. **Power of Central Government to supersede Authority.**—(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. **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 of this Act, to be public servants within the meaning of section 21 of the  Indian Penal Code 
(45 of 1860). 

50. **Power of Central Government to issue directions.**—(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. 

50A. **Exemption from tax on income.**—Notwithstanding  anything  contained  in  the  Income-tax 
Act,  1961  (43  of  1961)  or  any  other  enactment  for  the  time  being  in  force  relating  to  tax  on  income, 
profits  or  gains,  the  Authority  shall  not  be  liable  to  pay  income-tax  or  any  other  tax  in  respect  of  its 
income, profits or gains.

51. **Delegation.**—The  Authority  may,  by  general  or  special  order  in  writing,  delegate  to  any 
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.

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.

53. **Power of Central Government to make rules.**—(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; 

  (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; 

  (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. 

54. **Power of Authority to make regulations.**—(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  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; 

  (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; 

  (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; 

  (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. 

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. 

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. 

57. **Act not to prevent use of Aadhaar number for other purposes under law.**—*Omitted by the 
Aadhaar and Other Laws (Amendment) Act* 2019 (Act 14 of 2019), s. 25 (w.e.f. 25-07-2019)  

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. 

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.