CHAPTER VIII — MISCELLANEOUS

CHAPTER VIII: MISCELLANEOUS

Section 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 made default 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 circumstances exist which render it necessary in the public interest so to do,

the Central Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification.

(2) Upon the publication of a notification under sub-section (1) superseding the Authority,—

• (a) all the 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 such person or persons as the Central Government may direct; 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 appointment.

(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.

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

The Chairperson, Members, officers and other employees of the Authority shall be deemed, when 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.

Section 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 it from time to time.

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

[1] Section 50A. Exemption from tax on income

Notwithstanding anything contained in the Income-tax Act, 1961 or any other enactment for the time being in force relating to tax on income, profits or gains, the Authority shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains derived.

Section 51. Delegation

The Authority may, by general or special order in writing, delegate to any Member, 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.

Section 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 officer or other employee of the Authority or any other person acting under the direction of the Central Government or the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

Section 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 secrecy shall be subscribed under sub-section (2) of section 14;
• (b) the salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and allowances or remuneration payable to part-time Members under sub-section (4) of section 14;
• (c) the other powers and functions of the Chairperson under section 17;
• (d) the form and manner in which and the time at which the Authority shall prepare its annual statement of accounts under sub-section (1) of section 26;
• (e) the form and manner in which and the time at which the Authority shall submit returns and statements to the Central Government under sub-section (1) of section 27;
• (f) the form and manner in which and the time at which the Authority shall prepare its annual report under sub-section (2) of section 27;
• (g) 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.

Section 54. Power of Authority to make regulations

(1) The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—

• (a) the demographic information and biometric information under clause (h) and clause (g) of section 2;
• (b) the manner, process and details for enrolment under sub-section (1) and (2) of section 3;
• (c) the manner of generating and assigning Aadhaar number under sub-section (3) of section 3;
• (d) the manner of authentication or offline verification under sub-section (3) of section 4;
• (e) the terms and conditions and standards of privacy and security for requesting entities under sub-section (4) of section 4;
• (f) the alternative virtual identity under sub-section (5) of section 4;
• (g) the special measures for issuance of Aadhaar number to certain categories of persons under section 5;
• (h) the manner and update of demographic and biometric information under section 6;
• (i) the procedure and requirements for authentication under section 8;
• (j) the administrative control over officers and employees under sub-section (4) of section 18;
• (k) the time, place and rules of procedure for meetings of Authority under sub-section (1) of section 19;
• (l) the terms and conditions of service of officers and employees of Authority under sub-section (2) of section 21;
• (m) the powers and functions of the Authority under sub-section (2) of section 23;
• (n) the security protocols and standards for data under section 28;
• (o) the manner of sharing identity information under section 29;
• (p) the alteration of demographic or biometric information under section 31;
• (q) the entitlement and manner of obtaining authentication records under section 32;
• (r) the inquiry and procedures for adjudication of penalties under section 47;
• (s) any other matter which is required to be, or may be, specified by regulations.

Section 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 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.

Section 56. 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 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 this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Section 57. Savings

All procedures, orders, processes, standards, specifications and policies issued and MOUs, agreements or contracts entered by 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 be deemed to have been issued or entered into under the corresponding provisions of this Act [2].

Section 58. Act to have overriding effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Section 59. 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.

Footnotes

• [1] Ins. by Act 14 of 2019, s. 25 (w.e.f. 25-7-2019).
• [2] Omitted/omission of former Section 57 provisions regarding mandatory usage by private entities as omitted by Act 14 of 2019, s. 26 (w.e.f. 25-7-2019) following the Supreme Court judgment.