The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Act No. 18 of 2016) provides for good governance, efficient, transparent and targeted delivery of subsidies, benefits and services to individuals residing in India through the assignment of unique identity (Aadhaar) numbers. It establishes the Unique Identification Authority of India (UIDAI), governs enrolment and authentication, protection of identity information, civil penalties, and offences and penalties. It was substantially amended by the Aadhaar and Other Laws (Amendment) Act, 2019.
CHAPTER I — PRELIMINARY
CHAPTER II — ENROLMENT
- Section 3 — Aadhaar number
- Section 3A — Aadhaar number of children
- Section 4 — Properties of Aadhaar number
- Section 5 — Special measures for issuance of Aadhaar number to certain category of persons
- Section 6 — Update of certain information
CHAPTER III — AUTHENTICATION
- Section 7 — Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc.
- Section 8 — Authentication of Aadhaar number
- Section 8A — Offline verification of Aadhaar number
- Section 9 — Aadhaar number not evidence of citizenship or domicile, etc.
- Section 10 — Central Identities Data Repository
CHAPTER IV — UNIQUE IDENTIFICATION AUTHORITY OF INDIA
- Section 11 — Establishment of Authority
- Section 12 — Composition of Authority
- Section 13 — Qualifications for appointment of Chairperson and Members of Authority
- Section 14 — Term of office and other conditions of service of Chairperson and Members
- Section 15 — Removal of Chairperson and Members
- Section 16 — Restrictions on Chairperson or Members on employment after cessation of office
- Section 17 — Functions of Chairperson
- Section 18 — Chief executive officer
- Section 19 — Meetings of Authority
- Section 20 — Vacancies, etc., not to invalidate proceedings of Authority
- Section 21 — Officers and other employees of Authority
- Section 22 — Transfer of assets, liabilities of Authority
- Section 23 — Powers and functions of Authority
- Section 23A — Power of Authority to issue directions
CHAPTER V — GRANTS, ACCOUNTS AND AUDIT AND ANNUAL REPORT
- Section 24 — Grants by Central Government
- Section 25 — Fund
- Section 26 — Accounts and audit
- Section 27 — Returns and annual report, etc.
CHAPTER VI — PROTECTION OF INFORMATION
- Section 28 — Security and confidentiality of information
- Section 29 — Restriction on sharing information
- Section 30 — Biometric information deemed to be sensitive personal information
- Section 31 — Alteration of demographic information or biometric information
- Section 32 — Access to own information and records of requests for authentication
- Section 33 — Disclosure of information in certain cases
CHAPTER VIA — CIVIL PENALTIES
- Section 33A — Penalty for failure to comply with provisions of this Act, rules, regulations and directions
- Section 33B — Power to adjudicate
- Section 33C — Appeals to Appellate Tribunal
- Section 33D — Procedure and powers of the Appellate Tribunal
- Section 33E — Appeal to Supreme Court of India
- Section 33F — Civil court not to have jurisdiction
CHAPTER VII — OFFENCES AND PENALTIES
- Section 34 — Penalty for impersonation at time of enrolment
- Section 35 — Penalty for impersonation of Aadhaar number holder by changing demographic information or biometric information
- Section 36 — Penalty for impersonation
- Section 37 — Penalty for disclosing identity information
- Section 38 — Penalty for unauthorised access to the Central Identities Data Repository
- Section 39 — Penalty for tampering with data in Central Identities Data Repository
- Section 40 — Penalty for unauthorised use by requesting entity or offline verification-seeking entity
- Section 41 — Penalty for non-compliance with intimation requirements
- Section 42 — General penalty
- Section 43 — Offences by companies
- Section 44 — Act to apply for offence or contravention committed outside India
- Section 45 — Power to investigate offences
- Section 46 — Penalties not to interfere with other punishments
- Section 47 — Cognizance of offences
CHAPTER VIII — MISCELLANEOUS
- Section 48 — Power of Central Government to supersede Authority
- Section 49 — Members, officers, etc., to be public servants
- Section 50 — Power of Central Government to issue directions
- Section 50A — Exemption from tax on income
- Section 51 — Delegation
- Section 52 — Protection of action taken in good faith
- Section 53 — Power of Central Government to make rules
- Section 54 — Power of Authority to make regulations
- Section 55 — Laying of rules and regulations before Parliament
- Section 56 — Application of other laws not barred
- Section 57 — [Omitted]
- Section 58 — Power to remove difficulties
- Section 59 — Savings
Note: The Aadhaar Act, 2016 (Act No. 18 of 2016) received assent on 25 March 2016 and was brought into force in stages between July and September 2016. It was substantially amended by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), with effect from 25 July 2019, which inserted Chapter VIA (Civil Penalties) and made several other changes reflecting the Supreme Court’s judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India.
