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Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 1 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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 2*** 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 date3 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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 10 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 11 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
Chapter Iv
Unique Identification Authorityof Inida
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 12 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 13 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 14 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 15 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 16 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 17 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 18 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 19 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 2 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
2. Definitions.-
In this Act, unless the context otherwise requires,-
4[(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;]
5[(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;
4[(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;
1[(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;
1[(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.
1. Ins. by Act 14 of 2019, s. 3 (w.e.f. 25-7-2019).
1. Ins. by Act 14 of 2019, s. 2 (w.e.f. 25-7-2019).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
3.12th September, 2016 - Sections 1 to 10, 24 to 47, vide notification No. S.O. 2927 (E), dated 12th September, 2016 see Gazette of India Extraordinary, Part II, s. 3 (ii).
12th July, 2016- Sections 11 to 20, 22 and 23, 48 to 59, vide notification No. S.O. 2357 (E), dated 12 the July 2016, see Gazette of India, Extraordinary, Part II, s. 3 (ii).
25th July, 2019 - Sections1 to 30, vide notification No. S.O. 2649 (E), dated 25th July, 2019 see Gazette of India, Extraordinary, Part II, s. 3 (ii).
4. Subs. by Act 14 of 2019, s, 3, for clause (a) (w.e.f. 25-7-2019).
5. Ins. by s. 3, ibid, (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 20 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 21 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
1[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.]
1. Subs. by Act 14 of 2019, s. 10, for section 21 (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 22 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 23 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 24 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 25 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
1[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.]
1. Subs. by Act 14 of 2019, s. 12, for section 25 (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 26 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 27 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 28 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
Chapter VI
Protectionof 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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 29 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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.
1[(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 1[, 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.
1. Subs. by Act 14 of 2019, s. 13, for sub-section (3) (w.e.f. 25-7-2019) |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 3 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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.
1[(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.]
1. Ins. by Act 14 of 2019, s. 4 (w.e.f. 25-7-2019).
Back |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 30 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 31 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 32 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 33 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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 2[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 3[and the concerned Aadhaar number holder].
3[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 1[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.
1. Subs. by Act 14 of 2019, s. 13, for "or core biometric information" (w.e.f. 25-7-2019).
2. Subs. by s. 14, ibid., for "District Judge" (w.e.f. 25-7-2019).
3. Ins. by s. 14, ibid, (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 34 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 35 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 36 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 37 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 38 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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 1[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.
1. Subs. by Act 14 of 2019, s. 16 for "three years" (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 39 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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 2[ten years] and shall also be liable to a fine which may extend to ten thousand rupees.
2. Subs. by s. 17, ibid., (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 4 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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.
1[(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.]
1. Subs. by Act 14 of 2019, s. 6, for Sub-section (3) (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 40 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
3[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.]
3. Subs. by s. 18, for section 40 (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 41 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 42 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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 4[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.
4. Subs. by s. 19, for "One year" (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 43 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 44 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 45 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 46 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 47 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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.
1[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.
1. Ins. by Act 14 of 2019, s. 20 (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 48 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 49 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 5 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 50 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 51 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
51. Delegation.-
The Authority may, by general or special order in writing, delegate to any 2[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.
2. Subs. by s. 22, ibid., for "Member, officer" (w.e.f. 25-7-2019) |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 52 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 53 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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;
3[(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;
1[(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.
1. Ins. by Act 14 of 2019, s. 23 (w.e.f. 25-7-2019).
3. Ins. by s. 23, ibid, (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 54 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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:-
2[(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;
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;
3[(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;
1[(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.
1. Ins. by Act 14 of 2019 (w.e.f. 25-7-2019).
2. Subs. by s. 24, ibid., for clause (a) (w.e.f. 25-7-2019).
3. Ins. by s. 24, ibid, (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 55 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 56 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 57 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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) |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 58 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 59 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 6 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 7 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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, 1[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.
1. Ins. by Act 14 of 2019, s. 7 (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 8 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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 2[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.
2[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 2[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.
2. Ins. by s. 8, ibid, (w.e.f. 25-7-2019). |
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 | 9 | The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
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. |
Abducted Persons (Recovery and Restoration) Continuance Act, 1955 | 1 | The Abducted Persons (Recovery and Restoration) Continuance Act, 1955
1. Short
title and commencement.-
(1) This Act
may be called the Abducted Persons (Recovery and Restoration) Continuance Act,
1955.
(2) It shall
be deemed to have come into force on the 30th day of May, 1955. |
Abducted Persons (Recovery and Restoration) Continuance Act, 1955 | 2 | The Abducted Persons (Recovery and Restoration) Continuance Act, 1955
2.
Amendment of section I.-
In
sub-section (3) of section 1 of the Abducted Persons (Recovery and Restoration)
Act, 1949 (45 of 1949), for the words and figures "31st day of May, 1955", the
words and figures "30th day of November, 1956", shall be substituted. |
Abducted Persons (Recovery and Restoration) Continuance Act, 1955 | 3 | The Abducted Persons (Recovery and Restoration) Continuance Act, 1955
3. Repeal of
Ordinance 2 of 1955 .-
The Abducted
Persons (Recovery and Restoration) Continuance Ordinance, 1955 (2 of 1955), is
hereby repealed. |
Absorbed Areas (Laws) Act, 1954 | 1 | 1. Short title.-
This Act may be called the Absorbed Areas (Laws) Act, 1954. |
Absorbed Areas (Laws) Act, 1954 | 2 | 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "absorbing State", in relation to an absorbed area means a State specified in the heading of the Schedule in which that absorbed area is specified;
(b) "absorbed area" means an area specified in column 2 of the Schedule. |
Absorbed Areas (Laws) Act, 1954 | 3 | 3. Extension of laws.-
The Acts specified in column 1 of each of the Schedules and all rules, notifications, orders, schemes, forms and bye-laws made thereunder, as in force in the absorbing State specified in the heading of that Schedule, are hereby extended to, and shall be in force in the absorbed areas specified in column 2 of that Schedule. |
Academy of Scientific and Innovative Research, 2011 | 1 | The Academy of Scientific and Innovative Research, 2011
1. Short title, extent and commencement.-
(1) This Act may be called the Academy of Scientific and Innovative Research Act, 2011.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. |
Academy of Scientific and Innovative Research, 2011 | 10 | The Academy of Scientific and Innovative Research, 2011
10. Authorities of Academy.-
The following shall be the authorities of the Academy, namely:-
(a) The Board;
(b) Senate;
(c) Director;
(d) Boards of Studies;
(e) such other authorities as may be declared by the Statutes to be the authorities of the Academy. |
Academy of Scientific and Innovative Research, 2011 | 11 | The Academy of Scientific and Innovative Research, 2011
11. Composition of Board of Governors.-
(1) The Board referred to in clause (a) of section 10 shall consist of the following, namely:-
(a) the Chairperson of the Board, to be appointed under section 12;
(b) the Director-General of the Council of Scientific and Industrial Research, ex officio vice-chairperson;
(c) the President of the Indian National Science Academy, ex officio member;
(d) the Chairman, Atomic Energy Commission, Government of India, ex officio member;
(e) the Chairman, Space Commission, Government of India, ex officio member;
(f) the Chairman, University Grants Commission, Government of India, ex officio member;
(g) the Finance Secretary in the Ministry of finance Government of India, ex officio member;
(h) the heads of three premier institutions in the field of imparting education in Science and Technology, members to be nominated under section 13;
(i) four distinguished scientists or academicians of global eminence, of which two should be from reputed institutions outside India, members to be nominated under section 13;
(j) three eminent industrialists or technologists, members to be nominated under section 13;
(k) four distinguished scientists or outstanding scientists or Directors of laboratories of Council of Scientific and Industrial Research, members to be nominated under section 14;
(l) the Director of the Academy, ex officio member.
(2) The Chairperson shall ordinarily preside over the meetings of the Board.
(3) The Board may evolve its own procedure for the purpose of conducting its meetings and transacting business therein.
(4) The Associate Director in charge of administration of the Academy shall be the Secretary of the Board. |
Academy of Scientific and Innovative Research, 2011 | 12 | The Academy of Scientific and Innovative Research, 2011
12. Appointment of Chairperson.-
(1) The Chairperson shall be appointed by the President of the Council of Scientific and Industrial Research, on the recommendation of the selection committee constituted under sub-section (2):
Provided that the Director-General of the Council of Scientific and Industrial Research, being the ex officio Vice-Chairperson , as referred to in clause (b) of sub-section (1) of section 11, shall act as the Chairperson until the first Chairperson is selected and appointed in accordance with the provisions of this Act:
Provided further that no person shall be selected and appointed as Chairperson unless such person is an Indian citizen.
(2) The selection committee referred to in sub-section (1) shall consist of four eminent scientists or technologists of international repute, as may be nominated by the President of the Council of Scientific and Industrial Research.
(3) At least two eminent scientists or technologists of international repute nominated under subsection (2) shall be from the heads of international societies, academies, or similar organisations in the field of science and technology.
(4) The selection committee referred to in sub-section (2) shall-
(a) be constituted within six months before the completion of tenure of the incumbent as the Chairperson of the Board;
(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Chairperson.
(5) The selection committee may evolve its own procedure for the purposes of meetings and making recommendations under sub-section (1) including making recommendations in respect of a person who has not applied for the post of Chairperson.
(6) Three members of the selection committee referred to in sub-section (1) shall form quorum for the meeting of the committee.
(7) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by this Act or the Statutes. |
Academy of Scientific and Innovative Research, 2011 | 13 | The Academy of Scientific and Innovative Research, 2011
13. Nomination of distinguished scientists or academicians of global eminence, eminent industrialists or technologists and heads of three premier institutions in the field of imparting education in science and technology.-
The heads of three premier institutions in the field of imparting education in science and technology, referred to in clause (h), the distinguished scientists or academicians of global eminence referred to in clause (i), and eminent industrialists or technologists referred to in clause (j), of sub-section (1) of section 11, shall be nominated, by the President of the Council of Scientific and Industrial Research. |
Academy of Scientific and Innovative Research, 2011 | 14 | The Academy of Scientific and Innovative Research, 2011
14. Nomination of distinguished scientists or outstanding scientists of Council of Scientific and Industrial Research or Directors of Council of Scientific and Industrial Research laboratories.-
The nomination of distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of Council of Scientific and Industrial Research laboratories, referred to in clause (k) of sub-section (1) of section 11 shall be made by the Governing Body of the Council of Scientific and Industrial Research. |
Academy of Scientific and Innovative Research, 2011 | 15 | The Academy of Scientific and Innovative Research, 2011
15. Allowances payable to members of Board.-
The members of the Board shall be entitled to such allowances, if any, from the Academy, as may be provided for, in the Statutes but no member other than the Director of the Academy referred to in clause (l) of sub-section (1) of section 11, shall be entitled to any salary by reason of this section. |
Academy of Scientific and Innovative Research, 2011 | 16 | The Academy of Scientific and Innovative Research, 2011
16. Term of office of members of Board.-
(1) Save as otherwise provided in this section, term of office of the Chairperson or any other nominated member of the Board shall be four years, being one term of the Board and they shall not be eligible to be re-appointed as Chair person or nominated as a member, as the case may be.
Explanation I.- The period of term of office of the Chairperson or any other nominated member of the Board [other than ex officio Vice-Chairperson and ex officio members and nominated members under clause (k) of sub-section (1) of section 11] of the existing Academy shall be counted for the purposes of this sub-section.
Explanation II.- For the removal of doubt it is hereby declared that a person who held the office of a member shall not be eligible to be re-appointed as a member but may be appointed as the Chairperson in accordance with the provisions of this Act:
Provided that an outgoing member of the Board shall, unless or otherwise directed, continue in office until another person is appointed, or, as the case may be, nominated as a member in his place.
(2) In the event of vacancy in the office of the Chairperson, by reason of his death or resignation or otherwise, the Vice-Chairperson shall act as the Chairperson until a new Chairperson is appointed in accordance with the provisions of this Act to fill the vacancy and enter upon his office:
Provided that a person appointed due to a vacancy in the office of Chairperson under sub-section (2), shall be eligible to be appointed as Chairperson in accordance with the provisions of this Act only for one term in addition to the period for which he was appointed to fill the vacancy of Chairperson.
(3) In the event of vacancy in the office of a nominated member under clauses (h), (i), (j) and (k) of sub-section (1) of section 11 by reason of his death or resignation or otherwise, the vacancy shall be filled in accordance with the provisions of this Act:
Provided that a person nominated under sub-section (1) of section 11 due to a vacancy in the office of the member, such person shall be eligible to be nominated only for one term as member in accordance with the provisions of this Act, in addition to the period for which he was nominated to fill the vacancy.
(4) The term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is a member.
(5) One-fourth of the members, being distinguished scientists or outstanding scientists or Directors of laboratories of the Council of Scientific and Industrial Research nominated under clause (k) of sub-section (1) of section 11 shall retire every year and new members shall be nominated in their place in accordance with the provisions of this Act:
Provided that, notwithstanding anything contained in this sub-section, the members, being distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of the Council of Scientific and Industrial Research laboratories nominated under clause (k) of sub-section (1) of section 11, immediately after the commencement of this Act for the first time, may hold office for such period, as may be specified in their nomination and provisions of this sub-section shall not be applicable to such nominated members. |
Academy of Scientific and Innovative Research, 2011 | 17 | The Academy of Scientific and Innovative Research, 2011
17. Powers of Board.-
(1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Academy and shall exercise all the powers of the Academy not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the powers to-
(a) take decisions on questions of policy relating to the administration and working of the Academy;
(b) institute courses of study at the Academy;
(c) make Statutes;
(d) institute and appoint persons to academic as well as other posts in the Academy;
(e) consider and modify or cancel or rescind Ordinances;
(f) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Academy for the next financial year, together with a statement of its development plans;
(g) approve investments in infrastructure of the Academy in any land or building;
(h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.
(3) The Board shall also have the power to appoint such committees of one or more persons as it considers necessary for exercise of its powers and the performance of its duties and hold enquiries under this Act. |
Academy of Scientific and Innovative Research, 2011 | 18 | The Academy of Scientific and Innovative Research, 2011
18. Senate.-
(1) The Senate shall consist of the following, namely:-
(a) the Director, ex officio, who shall be the Chairperson of the Senate;
(b) all Associate Directors, ex officio members;
(c) all Deans of the Academy, ex officio members;
(d) two Professors from each area of study represented by the Boards of Studies of the Academy, as may be nominated by the Board, ex officio members;
(e) two scientists of the Council of Scientific and Industrial Research, who being the youngest in age; and recipient of Shanti Swaroop Bhatnagar Award; and who are also Faculty of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research;
(f) two scientists of the Council of Scientific and Industrial Research, who being the youngest in age; and recipient of CSIR-Young Scientist Award; and who are Faculty of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research;
(g) three Directors or distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research laboratories, nominated by its Director-General;
(h) three persons, not being the employees of the Academy or the Council of Scientific and Industrial Research, to be nominated by the Chancellor in consultation with the Director from amongst educationists of repute, one being from each of the fields of science, engineering and social sciences;
(i) such other members of the staff as may be laid down in the Statutes.
(2) The tenure of the nominated members under clauses (d) to (h) of sub-section (1) shall be two years:
Provided that the Senate shall not, at any time, have less than fifty per cent. of its members from the Councilof Scientific and Industrial Research scientists teaching in the Academy. |
Academy of Scientific and Innovative Research, 2011 | 19 | The Academy of Scientific and Innovative Research, 2011
19. Powers of Senate.-
Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of the Academy shall have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examinations in the Academy and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and Ordinances. |
Academy of Scientific and Innovative Research, 2011 | 2 | The Academy of Scientific and Innovative Research, 2011
2. Definitions.-
In this Act, and in all Statutes and Ordinances made thereunder, unless the context otherwise requires,-
(a) "Academy" means the Academy of Scientific and Innovative Research established under subsection (1) of section 3;
(b) "Board" means the Board of Governors of the Academy of Scientific and Innovative Research referred to in section 10;
(c) "Council of Scientific and Industrial Research" means a society registered by the name of the Council of Scientific and Industrial Research under the Societies Registration Act, 1860 (21 of 1860);
(d) "Chairperson" means the Chairperson of the Board appointed under section 12;
(e) "Chancellor" means the Chancellor of the Academy referred to in section 20;
(f) "Director" means the Director of the Academy appointed under section 22;
(g) "distinguished scientists" or "outstanding scientists" of the Council of Scientific and Industrial Research means scientists of the Council of Scientific and Industrial Research designated as such;
(h) "existing Academy" means the Academy of Scientific and Innovative Research established in pursuance of the Resolution of the Government of India in the Ministry of Science and Technology, Department of Scientific and Industrial Research, Council of Scientific and Industrial Research, vide No. 6/1/CSIR-Ac SIR/2010-PPD, dated the 1st July, 2010;
(i) "Faculty of the Academy" means Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, Professors, Associate Professors, Assistant Professors, visiting faculty, and such other persons as may be appointed for imparting instruction or conducting research in the Academy or institutions maintained by the Academy and includes the scientists of Council of Scientific and Industrial Research assigned for imparting instruction or conducting research;
(j) "notification" means a notification published in the Official Gazette;
(k) "Statutes and Ordinances" means the Statutes and the Ordinances of the Academy for the time being in force.
1. 3rd April, 2012 [except sub-section (2) of section 5], vide notification No. S.O. 709(E), dated 2nd April, 2012, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
26th June, 2013 [sub-sec. (2) of section 5], vide notification No. S.O. 1850(E), dated 26th June, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. |
Academy of Scientific and Innovative Research, 2011 | 20 | The Academy of Scientific and Innovative Research, 2011
20. Chancellor of Academy.-
(1) The Chairperson of the Board shall be the Chancellor of the Academy.
(2) The Chancellor shall ordinarily preside at the Convocations of the Academy. |
Academy of Scientific and Innovative Research, 2011 | 21 | The Academy of Scientific and Innovative Research, 2011
21. Director of Academy.-
The Director shall be the principal academic and executive officer of the Academy and shall be responsible for the administration of the Academy and imparting instruction, research and maintenance of discipline. |
Academy of Scientific and Innovative Research, 2011 | 22 | The Academy of Scientific and Innovative Research, 2011
22. Appointment and duty of Director of Academy, etc.-
(1) The Director shall be appointed, by the President of the Council of Scientific and Industrial Research, on the recommendation of the selection committee constituted under sub-section (2).
(2) The selection committee referred to in sub-section (1) shall consist of-
(a)the Chairperson of the Board; (b) the Vice-Chairperson of the Board;
(c) the President of the Indian National Science Academy;
(d) the Chairman, Atomic Energy Commission, Government of India;
(e) the Chairman, Space Commission, Government of India.
(3) The selection committee referred to in sub-section (2) shall-
(a) be constituted within six months before the completion of tenure of the incumbent as the Director;
(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Director.
(4) The selection committee may evolve its own procedure for the purposes of meetings and making recommendations under sub-section (1) including making recommendations in respect of a person who has not applied for the post of Director.
(5) Three members of the selection committee referred to in sub-section (1) shall form quorum for the meeting of the committee:
Provided that no person shall be selected or nominated as Director unless such person is an Indian citizen.
(6) It shall be the duty of the Director that the decisions taken by the Board are implemented.
(7) The Director shall submit an annual report and accounts of the Academy to the Board.
(8) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Ordinances.
(9) The term of the Director shall be five years. |
Academy of Scientific and Innovative Research, 2011 | 23 | The Academy of Scientific and Innovative Research, 2011
23. Associate Directors.-
(1) The Associate Directors of the Academy shall, be appointed by the Director with the approval of the Board, from amongst Professors of the Academy or scientists of the Council of Scientific and Industrial Research engaged in academic activity in the Academy, for such period, and on such terms and conditions, as may be laid down by the Statutes, and, shall exercise such powers and perform such duties as may be assigned to them by this Act or the Statutes or by the Director.
(2) The Board may assign any other designation for the Associate Directors, for the purpose of administrative convenience or academic efficiency. |
Academy of Scientific and Innovative Research, 2011 | 24 | The Academy of Scientific and Innovative Research, 2011
24. Powers of other authorities.-
(1) The constitution and powers of Board of Studies shall be such as may be provided in the Statutes.
(2) The powers, including the financial powers and duties of authorities, officers and other functionaries of the Academy shall be as provided by the Statutes. |
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25. Funds of Academy.-
(1) The Academy shall maintain and retain a fund to which shall be credited-
(a) all fees (including tuition fees) and other charges received by the Academy;
(b) all monies received by the Academy by way of grants, gifts, donations, benefactions, bequests or transfers;
(c) monies for projects undertaken by the Academy;
(d) income from investment made by the Academy or from any other source;
(e) the funds received from the Council of Scientific and Industrial Research, by way of loan or otherwise;
(f) all monies received by the Academy in any other manner or from any other source.
(2) All monies credited to the fund of the Academy shall be deposited in such banks or invested in such manner as the Academy may, with the approval of the Board, decide.
(3) The fund shall be applied for meeting,-
(a) the salaries, allowances and other remuneration of the Chairperson, members of the Board or Faculty, officers and other employees or members of the committees set up by the Academy;
(b) the expenses of the Academy in the discharge of its functions or exercise of its powers under section 8;
(c) the expenses on objects of, and for purposes authorised by, this Act.
(4) All expenditure of the Academy shall be within the framework of a budget approved by the Board. |
Academy of Scientific and Innovative Research, 2011 | 26 | The Academy of Scientific and Innovative Research, 2011
26. Accounts.-
(1) The Academy shall maintain proper and separate accounts giving therein the details of all receipts in, and, expenditure from, such fund and other relevant particulars.
(2) The accounts referred to in sub-section (1) shall be prepared and got audited before the expiry of six months from the end of each financial year.
(3) The Academy shall submit to the Board and the Council of Scientific and Industrial Research, the accounts referred to in sub-section (1) duly audited under section 27 and signed by the Director, Associate Director in charge of Finance and Associate Director in charge of Administration.
(4) The Council of Scientific and Industrial Research referred to in sub-section (3), the Board and any other person appointed by them in connection with the audit of the accounts of the Academy shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Academy. |
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27. Audit of accounts and its publication.-
(1) The accounts of the Academy shall, without prejudice to the provisions contained in the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), be audited by auditors who may be appointed by the Board for the term of one year and such auditors shall be eligible for re-appointment.
(2) No person shall be eligible to be appointed as an auditor under sub-section (1) unless he is a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949), and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act.
(3) The accounts of the Academy shall, after the completion of the audit under sub-section (1) and submission thereof to the Board and the Council of Scientific and Industrial Research be published on the website of the Academy. |
Academy of Scientific and Innovative Research, 2011 | 28 | The Academy of Scientific and Innovative Research, 2011
28. Statutes.-
(1) The Statutes of the Academy shall be enacted by the Board. (2) Without prejudice to the provisions contained in sub-section (1), the Senate may make recommendations for enactment of Statutes to the Board. (3) The Board may, from time to time, make new Statutes or may amend or repeal or rescind the Statutes with effect from such date as it may direct. |
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29. Matters to be provided by Statutes.-
Subject to the provisions of this Act, the Statutes may provide for all or any of the matters considered necessary by the Board for functioning of the Academy within the framework of this Act, including the following matters, namely:-
(a) the conferment of degrees and diplomas;
(b) the constitution, powers and functions of the Board of Studies;
(c) the tuition fee and other fees to be charged;
(d) the institution of fellowships, scholarships, medals and prizes;
(e) the term of office and the method of appointment of officers of the Academy;
(f) the qualification of Faculty of the Academy (other than the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy), officers and other staff of Academy:
Provided that the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the qualifications specified by the Council and nothing contained in this Act shall be construed to disqualify them from undertaking the service of the Academy or engaging them as Faculty of the Academy;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of Faculty, officers and other staff of the Academy;
(h) the provision of insurance fund, provident fund and other retirement benefits, for the benefit of the Faculty, officers and other staff of the Academy;
(i) the constitution, powers and duties of authorities of the Academy;
(j) the establishment and maintenance of hostels;
(k) the conditions of residence of students of the Academy and the levying of fees for residence in the hostels and of other charges;
(l) the allowances to be paid to the Chairperson and other members of the Board and any committee constituted by the Academy;
(m) the meetings of the Board, the Senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;
(n) any other matter which may be required or necessary for the purposes of this Act. |
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3. Establishment of Academy of Scientific and Innovative Research.-
(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be established for the purposes of this Act an Academy to be called the "Academy of Scientific and Innovative Research" a body corporate by such name.
(2) The headquarters of the Academy shall be at such place as the Central Government may, by notification, specify.
(3) The Academy may have such number of regional centres and campuses, as it may deem fit.
(4) The Academy shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall by that name, sue and be sued. |
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30. Ordinances.-
(1) Subject to the provisions of this Act and the Statutes, the Ordinances of the Academy may provide for all or any of the following matters, namely:-
(a) the admission of the students;
(b) the courses of study;
(c) the conditions under which students shall be admitted and shall be eligible for degrees, diplomas and certificates and to the examinations of the Academy, and shall be eligible for the degrees, diplomas and certificates;
(d) the conditions of award of the fellowships, scholarships, medals and prizes;
(e) the condition and mode of appointment and duties of examining bodies, examiners and moderators;
(f) the conduct of examinations;
(g) the maintenance of discipline among students of the Academy;
(h) any other matter which by this Act or the Statute, is to be, or, may be, provided for by the Ordinances.
(2) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(3) All Ordinances made by the Senate shall have the effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board in its subsequent meeting.
(4) The Board shall have the power by resolution to modify or cancel or rescind any of the Ordinances and such Ordinances shall, from the date of such resolution stand modified accordingly or cancelled or rescinded, as the case may be. |
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31. Review of functioning of Academy.-
(1) There shall be a review of the functioning of the Academy once in every four years by persons of eminence to be appointed by the Council of Scientific and Industrial Research.
(2) The Academy shall meet the expenses for conducting the review under sub-section (1) and upon receipt of the report of such review, the Board may take appropriate action.
(3) In addition to the review under sub-section (1), the Board may conduct review of functioning of administrative and academic wings of the Academy, in such manner and at such intervals, as may be provided in the Statutes. |
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32. Appointments.-
All appointments of the staff of the Academy (except appointment of the Director), shall be made in accordance with the procedure laid down in the Statute, by-
(a) the Board for the academic staff;
(b) the Director, in any other case. |
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33. Conditions of service.-
(1) Every employee of the Academy shall be appointed on contractual basis under a written contract, which shall be lodged with the Academy and a copy of which shall be furnished to the employee concerned:
Provided that all scientists and other employees of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the service conditions, rules and regulations of the Council of Scientific and Industrial Research.
(2) The Academy shall have a flexible compensation system which recognises performance, as laid down in the Statutes, to bring the best talent in the Academy:
Provided that the scientists of the Council of Scientific and Industrial Research-
(a) engaged in the service of the Academy; and
(b) who draw their salary from the Council, shall be eligible for such allowances or honorarium, as may be determined by the Statute. |
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34. Arbitration.-
(1) Any dispute arising out of a contract between the Academy and any of its employees shall, at the request of the employee concerned or at the instance of the Academy, be referred to a Tribunal of Arbitration consisting of one member appointed by the Director, one member nominated by the employee, and such two arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.
(2) The arbitration under sub-section (1) shall be governed by the Arbitration and Conciliation Act, 1996 (26 of 1996). |
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35. Resignation, removal and suspension of Chairperson and other Members or Director.-
(1) The Chairperson or any Member of the Board other than ex officio Members of the Board or Director may, by notice in writing under his hand addressed to the President of the Council of Scientific and Industrial Research, resign his office:
Provided that the Chairperson or such Member or Director shall, unless he is permitted by the President of the Council of Scientific and Industrial Research to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The President of the Council of Scientific and Industrial Research may remove from office the Chairperson or any Member of the Board or the Director, who-
(a) has been adjudged an insolvent; or
(b) being the Director has engaged at any time, during his term of office, in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(d) has become physically or mentally incapable of acting as such Chairperson or Member or Director; or
(e) is of unsound mind and stands so declared by a competent court; or
(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such Chairperson or Member or Director; or
(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(h) has been guilty of proved misbehavior; or
(i) has such other disqualifications as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the Board or the Director shall not be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-section (1), except by an order made by the President of the Council of Scientific and Industrial Research after an inquiry made in this behalf in which such Chairperson or Member or Director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(4) In the event of inquiry instituted under sub-section (2), the President of the Council of Scientific and Industrial Research may suspend such Chairperson or Member or Director against whom inquiry has been instituted for a period not exceeding six months if it is considered necessary in public interest.
(5) The President of the Council of Scientific and Industrial Research may, by rules, regulate the procedure for the inquiry referred to in sub-section (2).
(6) In case any nominated member under clause (k) of sub-section (1) of section 11 in the Board incurs any of the disqualifications under clauses (a) to (i) of sub-section (1), such nominated member shall not be eligible to be nominated as such and his nomination as nominated member shall be revoked by those who nominated such member. |
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36. Meetings.-
The meetings of the Board, Senate, or other committees constituted by the Academy may be held using contemporary tools of information and communication technologies (including videoconferencing) without the members necessarily having to be physically present. |
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37. Vacancies, etc., not to invalidate acts or proceedings of Board, Academy or any other body.-
No act of the Board or the Academy or any other body set up under this Act or the Statutes, shall be invalid merely by reason of-
(a) any vacancy in, or defect in the constitution thereof; or
(b) any defect in the selection, nomination or appointment of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case. |
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38. 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 appear to it to be necessary or expedient 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 sub-section (1) 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 order or both Houses agree that the order should not be made, the order 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 order. |
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4. Objects of Academy.-
(1) The objects of the Academy shall be to-
(a) disseminate advanced knowledge in science and technology, by providing teaching and research facilities in such branches of learning as it may deem fit, particularly in emerging areas and such areas as may emerge in future;
(b) undertake inter-disciplinary studies and research;
(c) conduct courses in, and integrate into its courses, inter-disciplinary and multi-disciplinary areas covering natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied art, humanities, social sciences, law relating to these areas and interfaces thereof;
(d) take appropriate measures for innovations in teaching and learning processes;
(e) create an ambience for learning and scholarship in advanced science and technology instead of exclusively focusing on marks or grades;
(f) educate and train manpower in scientific and technological fields;
(g) establish linkages with industries in India and outside India for the promotion of science and technology;
(h) collaborate, in appropriate areas in the field of science and technology, with reputed universities and institutions in India or outside India;
(i) promote research in science and technology having a bearing on social, economic, cultural, intellectual and academic welfare of the people.
(2) The Academy shall primarily focus on research and imparting instruction in such areas as are not ordinarily taught in regular academic universities in India.
(3) The curricula, pedagogy and evaluation of the Academy shall be innovative and directed towards creating highest quality personnel with cross-disciplinary knowledge, aiming to provide leaders in the field of science and technology. |
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5. Relationship of Academy with Council of Scientific and Industrial Research.-
(1) The Academy shall be, provided, or, allowed to use, the infrastructure and scientific manpower of the Council of Scientific and Industrial Research for teaching and research purposes for mutual benefit.
(2) The Academy, within two weeks of the commencement of this Act, shall, notwithstanding anything contained in any other Act, rules, regulations or bye-laws for the time being in force, enter into a Memorandum of Understanding with the Council of Scientific and Industrial Research, for the purposes of its affiliation with the Academy for the purposes of academics, teaching and award of degrees or diplomas, and, the persons pursuing the studies in the Council for award of any degree or diploma, after entering of such Memorandum of Understanding, be awarded degrees or diplomas by the said Academy:
Provided that any person pursuing any academic or research course, before the commencement of this Act, in the Council of Scientific and Industrial Research for award of any degree or diploma and registered for the said purpose with any other university, may, with the approval of the university with which such person is registered, migrate after such commencement to the Academy established under this Act and be registered with the said Academy for grant of the same degree or diploma by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same level of study in the university from which such person migrated.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed to affect the functions or powers of the Council of Scientific and Industrial Research, being discharged or exercised, before the commencement of this Act, by the Council or to affiliate with any other university or institution for the purposes of academics, teaching and award of degrees or diplomas or for any other purposes necessary for pursuing its objects. |
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6. Declaration of Academy as an institution of national importance.-
It is hereby declared that the Academy of Scientific and Innovative Research shall be an institution of national importance. |
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Dataset Card for Indian Laws
This is a comprehensive collection of primary legal documents pertinent to the Indian legal system. It is designed to serve as a foundational resource for supervised fine-tuning (SFT) to make language models, particularly those focused on legal applications tailored for Indian law.
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