Section 48. Power of Central Government to supersede Authority [1]
(1) Power to Supersede
If, at any time, the Central Government is of the opinion that—
(a) On account of circumstances beyond the control of the Authority, it is unable to discharge its functions or perform its duties under this Act; or
(b) The Authority has persistently defaulted in complying with any direction issued by the Central Government under this Act, or in discharging its statutory functions or duties, resulting in deterioration of its financial position or administration; or
(c) A public emergency exists,
the Central Government may, by notification, supersede the Authority for such period as may be specified, not exceeding six months, and appoint a person or persons to exercise the powers and discharge the functions of the Authority.
Proviso
Before issuing such notification, the Central Government shall—
- give the Authority a reasonable opportunity to make representations against the proposed supersession; and
- consider such representations, if any.
Important Points
- The Authority may be superseded only on the statutory grounds specified in the Act.
- The period of supersession cannot exceed six months.
- The Authority must be given an opportunity of being heard before supersession.
(2) Consequences of Supersession
Upon publication of the notification—
(a) The Chairperson and all Members shall vacate their offices.
(b) All powers, functions and duties of the Authority shall be exercised by the person or persons appointed by the Central Government until the Authority is reconstituted.
(c) All properties owned or controlled by the Authority shall vest in the Central Government until the Authority is reconstituted.
(3) Reconstitution of Authority
Before expiry of the period of supersession, the Central Government shall reconstitute the Authority by making fresh appointments.
A person who vacated office due to supersession shall not be disqualified from reappointment.
(4) Laying before Parliament
The Central Government shall lay before each House of Parliament—
- a copy of the notification issued under sub-section (1); and
- a full report of the action taken and the circumstances leading to such action.
Important Point: Parliamentary oversight is ensured by requiring the supersession notification and report to be laid before both Houses of Parliament.
Section 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 under this Act, to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860.
Important Point: All officials of UIDAI are treated as public servants while discharging their statutory duties.
Section 50. Power of Central Government to issue directions
(1) Policy Directions
Without prejudice to the other provisions of this Act, the Authority shall, in the exercise of its powers or performance of its functions, be bound by written directions issued by the Central Government on questions of policy.
First Proviso
As far as practicable, the Authority shall be given an opportunity to express its views before such directions are issued.
Second Proviso
Nothing in this section empowers the Central Government to issue directions relating to—
- technical matters; or
- administrative matters,
undertaken by the Authority.
Important Point: The Central Government may issue only policy directions, not technical or administrative directions.
(2) Finality of Decision
The decision of the Central Government as to whether a question is one of policy shall be final.
Section 50A. Exemption from tax on income [1]
Notwithstanding anything contained in the Income-tax Act, 1961 or any other law relating to income tax, profits or gains, the Authority shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains.
Important Point: UIDAI enjoys statutory exemption from income tax.
Section 51. Delegation [2]
The Authority may, by general or special order in writing, delegate to any—
- Member; [2]
- officer of the Authority; or
- any other person,
subject to such conditions as may be specified, any of its powers and functions under this Act, except the power under Section 54.
Important Point: The power to make regulations under Section 54 cannot be delegated.
Section 52. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against—
- the Central Government;
- the Authority;
- the Chairperson;
- any Member;
- any officer; or
- any employee of the Authority,
for anything which is done or intended to be done in good faith under this Act or under any rule or regulation made thereunder.
Important Point: Good faith actions under the Aadhaar Act are protected from legal proceedings.
Section 53. Power of Central Government to make rules
(1) Rule-making Power
The Central Government may, by notification, make rules for carrying out the provisions of this Act.
Important Point: The Central Government has the statutory power to frame rules for implementing the Aadhaar Act.
(2) Matters for which Rules may be made
Without prejudice to the generality of sub-section (1), rules may provide for matters including—
(a) The salary, allowances and other terms and conditions of service of the Chairperson and Members under Section 14(4).
(b) The powers and functions of the Chairperson under Section 17.
(c) The qualifications and experience of the Adjudicating Officer under Section 33B(1).
(d) The manner of holding inquiry by the Adjudicating Officer under Section 33B(1).
(e) The form, manner and fee for filing an appeal before the Appellate Tribunal under Section 33C(2).
(f) Any other matter required or permitted to be prescribed under this Act.
Important Point: The Act specifically identifies the subjects on which the Central Government may frame rules.
Section 54. Power of Authority to make regulations
(1) Regulation-making Power
The Authority may, by notification and with the previous approval of the Central Government, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
Important Point: UIDAI can make regulations only with the previous approval of the Central Government.
(2) Matters for which Regulations may be made
Without prejudice to the generality of sub-section (1), regulations may provide for matters including—
(a) The manner of enrolment.
(b) The collection, verification and updating of demographic and biometric information.
(c) The authentication process.
(d) The security, confidentiality and data management measures.
(e) The appointment and regulation of Registrars, enrolling agencies and service providers.
(f) The maintenance and operation of the Central Identities Data Repository (CIDR).
(g) The manner of sharing identity information, where permitted under the Act.
(h) Any other matter required or permitted by the Act to be specified by regulations.
Important Point: Regulations primarily govern the operational and technical implementation of the Aadhaar ecosystem.
Section 55. Laying of rules and regulations before Parliament
Every rule and every regulation made under this Act shall be laid before each House of Parliament while it is in session, for a total period of thirty days, which may comprise one session or two or more successive sessions.
If, before the expiry of the session immediately following the session or successive sessions in which it is laid—
- both Houses agree to make any modification; or
- both Houses agree that the rule or regulation should not be made,
the rule or regulation shall thereafter have effect only in the modified form or shall have no effect, as the case may be.
However, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Important Point: Rules and regulations are subject to Parliamentary scrutiny and modification.
Section 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.
Important Point: The Aadhaar Act supplements existing laws and does not override them unless expressly provided.
Section 57. [Omitted] [1]
Section 57 has been omitted by the Aadhaar and Other Laws (Amendment) Act, 2019.
Important Point: Section 57 no longer forms part of the Aadhaar Act.
Section 58. Power to remove difficulties
(1) Removal of Difficulties
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 this Act as may appear necessary for removing the difficulty.
(2) Time Limit
No order under this section shall be made after the expiry of three years from the commencement of this Act.
(3) Laying before Parliament
Every order made under this section shall be laid before each House of Parliament.
Important Point: The power to remove difficulties is temporary and cannot be exercised after three years from commencement of the Act.
Section 59. Savings
Anything done or any action taken under the executive notification establishing the Unique Identification Authority of India before the commencement of this Act shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
Important Point: Section 59 validates actions taken under the pre-existing executive UIDAI by treating them as actions under the Act, provided they are not inconsistent with it.
Footer Notes
[1] Section 50A was inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 21, with effect from 25-07-2019.
[2] In Section 51, the words "Member" were substituted for "Member, officer" by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 22, with effect from 25-07-2019.
[3] Section 57 was omitted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 23, with effect from 25-07-2019.