Section 1. Short title, extent and commencement
[1][2][3][4][5]
(1) Short Title
This Act may be called the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
Important Point: This provision officially names the legislation.
(2) Extent
This Act—
- extends to the whole of India [2]; and
- save as otherwise provided in this Act, also applies to any offence or contravention committed outside India by any person.
Important Point: The Act has extra-territorial application for offences wherever specifically provided.
(3) Commencement
The Act shall come into force on such date [3][4][5] as the Central Government may appoint by notification in the Official Gazette.
Different dates may be appointed for different provisions of the Act, and every reference to the commencement of the Act shall be construed accordingly.
Important Point: Different provisions of the Act were brought into force on different dates.
Section 2. Definitions [6][7]
In this Act, unless the context otherwise requires—
(a) Aadhaar number [6]
"Aadhaar number" means an identification number issued to an individual under Section 3(3), and includes any alternative virtual identity generated under Section 3(4).
(aa) Aadhaar ecosystem [7]
Includes—
- Enrolling agencies;
- Registrars;
- Requesting entities;
- Offline verification-seeking entities; and
- Any other entity or group of entities specified by regulations.
(b) Aadhaar number holder
An individual who has been issued an Aadhaar number under this Act.
(ba) Adjudicating Officer [7]
An Adjudicating Officer appointed under Section 33B(1).
(bb) Appellate Tribunal [7]
The Appellate Tribunal referred to in Section 33C(1).
(c) Authentication
The process by which the Aadhaar number together with demographic or biometric information is submitted to the Central Identities Data Repository (CIDR) for verification.
Important Point: Authentication merely verifies the correctness of information available in the Repository.
(d) Authentication record
The record of—
- the time of authentication,
- identity of the requesting entity, and
- response provided by the Authority.
(e) Authority
The Unique Identification Authority of India (UIDAI) established under Section 11(1).
(f) Benefit
Any advantage, gift, reward, relief or payment, in cash or kind, provided to an individual or group, including any other benefits notified by the Central Government.
(g) Biometric information
Includes—
- Photograph;
- Fingerprint;
- Iris scan; and
- Other biological attributes specified by regulations.
(h) Central Identities Data Repository (CIDR)
A centralized database containing—
- Aadhaar numbers;
- Demographic information;
- Biometric information; and
- Other related information.
(i) Chairperson
The Chairperson of the Authority appointed under Section 12.
(ia) Child [7]
A person who has not completed eighteen years of age.
(j) Core biometric information
Means—
- Fingerprint;
- Iris scan; or
- Other biological attributes specified by regulations.
(k) Demographic information
Includes—
- Name;
- Date of birth;
- Address; and
- Other relevant information specified by regulations.
Does NOT include:
- Race
- Religion
- Caste
- Tribe
- Ethnicity
- Language
- Records of entitlement
- Income
- Medical history
Important Point: These excluded particulars cannot form part of demographic information under the Act.
(l) Enrolling agency
An agency appointed by the Authority or Registrar to collect demographic and biometric information.
(m) Enrolment
The process of collecting demographic and biometric information for issuing Aadhaar numbers.
(n) Identity information
Includes—
- Aadhaar number;
- Biometric information; and
- Demographic information.
(o) Member
Includes the Chairperson and every Member of the Authority appointed under Section 12.
(p) Notification
A notification published in the Official Gazette, and "notified" shall be construed accordingly.
Footer Notes
[1] Inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 2, with effect from 25-07-2019.
[2] The words "except the State of Jammu and Kashmir" were omitted by the Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), Section 95 and the Fifth Schedule, with effect from 31-10-2019.
[3] Sections 1 to 10 and 24 to 47 were brought into force on 12 September 2016 by Notification No. S.O. 2927(E).
[4] Sections 11 to 20, 22, 23, and 48 to 59 were brought into force on 12 July 2016 by Notification No. S.O. 2357(E).
[5] Sections 1 to 30, as amended by the Aadhaar and Other Laws (Amendment) Act, 2019, came into force on 25 July 2019 by Notification No. S.O. 2649(E).
[6] Clause (a) was substituted by the Aadhaar and Other Laws (Amendment) Act, 2019, Section 3 (w.e.f. 25-07-2019).
[7] The relevant clause was inserted by the Aadhaar and Other Laws (Amendment) Act, 2019, Section 3 (w.e.f. 25-07-2019).