UIDAI Circular Guidelines On Use of Aadhaar Section 7 of The Aadhaar Act 2016 by The State Governments 25nov 19
UIDAI Circular Guidelines On Use of Aadhaar Section 7 of The Aadhaar Act 2016 by The State Governments 25nov 19
UIDAI Circular Guidelines On Use of Aadhaar Section 7 of The Aadhaar Act 2016 by The State Governments 25nov 19
Government of lndia
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CIRCULAR
"ln section 7 of the principal Act, after the words "the Consolidated Fund of
lndia", the words "or the Consolidated Fund of Sfate" shall be inserted."
3. Section 7 of the Aadhaar Act 2016 stipulates that as a condition for receipt of
a subsidy, benefit or service for which the expenditure is incurred from the
Consolidated Fund of lndia or the Consolidated Fund of States, the Central
Government or the State Government may require the individual to undergo Aadhaar
authentication or furnish proof of possesston of Aadhaar number. Hon'ble Supreme
Court of lndia in its judgment dated 26th September 2018 in the Writ Petition (Civil)
No. 494: Justlce K. S. Puttaswamy v. Union of lndia, has further clarified the
interpretation of section 7 and held as under (Ref. para 322 and para 447 (2)(m)'
page 555 of the judgement)
"(a) 'benefits' and 'seNices' as mentioned in Section 7 should be those which have
the colour of some kind of subsidies etc., namely, welfarc schemes of the
Govemment whercby Government is doling out such benefits which are targeled at a
pafticular depived class.
Page 1 of 3
Tel. | 011-2347A652
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(b) The expenditure thercof has to be drawn from the Consotidated Fund of lndia.
(c) On that basis, CBSE, NEET, JET, |JGC etc. cannot make the rcquirement of
Aadhaar mandatory as they are outside the puuiew of Section 7 and are not backed
by any law". (emphasis supplied)
Further, Section 3A(3) inserted vide lhe Aadhaar and Other Laws
(Amendment) Act, 2019 stipulates that notwithstanding anything contained in section
7, a child shall not be denied any benefit, subsidy or service for failure to establish
his identity by undergoing authentication or furnishing proof of possession of
Aadhaar number or in case of a child to whom no Aadhaar number has been
assigned, producing an application for enrolment.
4. Until now, using section 7 of the Aadhaar Act 2016, only Central Ministries/
Departments have been mandating use of Aadhaar of the beneficiaries under their
respective schemes (both under Central administration and Central sponsorship)
through publishing section 7 notifications in the Gazette of lndia, after due vetting of
the same by the Ministry of Law & Justice. UIDAI has been facilitating the process of
vetting of all these notifications since November 2016.
5. As per provisions in the Aadhaar and Other Laws (Amendment) Act, 2019, the
State Governments can henceforth, mandate use of Aadhaar authentication for the
beneficiaries under section 7 of the Aadhaar Act 2016 in those schemes which are
funded out of
Consolidated Fund of the State. ln order to do so, the State
Governments will need to issue notifications under section 7 of the Aadhaar Act,
2016 in respect of the specific schemes, similar to the ones as published by the
Central Ministries/Departments.
6. Accordingly, it is suggested that the State Governments may lake the
following steps to issue section 7 notifications under their specific schemes which
are funded out of Consolidated Fund of the State:
a) The State Governments may first identify the schemes for use of Aadhaar
where 'benefits' are given to the 'individuals', and ensure that the schemes
fulfil the criteria of being eligible under section 7 of the Aadhaar Act, as per
Page 2 of 3
the judgement of the Hon'bre supreme court dated 26th september 201g
(Ref. para 3 above).
d) After publication of the section 7 notification in the state Gazette, the state
Governments may approach Authentication Division of U rDAr He seeking
necessary permission (if not already received) for online authentication of the
beneficiaries under the respective schemes. ln this regard, guidelines
available on UIDAI's website may be referred to
(httos://www.uidai.oov.in/imaoes/resource/Comoendium
Auoust 201 g.odfl .
&rm"
Kumar)
Chief cer, UIDAI
Enclosures:
1. Annex-1: sample Temptab or Aadhaar section 7 Notification for the state schemes
where beneficiaies are other than children
2. Annex-2: sample Temptate of Aadhaar section 7 Notification for the state sche/res
wherc beneficiaies are children
3. office Memorandum of DBT Mission cabinet secretariat dated 19ih December 2017:
'use of Aadhaar in Benefit schemes of Govemment
(httos'//dbtbharat.oov.in/data/or/Aadhaar Er"eotion Handliro - Exception Handring'
OM 1 9.1 2201 7.odf)
4. ulDAl circular dated 24'h october 2017: 'Exception handling in pubtic Distibution
Services and other welfarc Schemes,
To
Chief Secretaries, All State Governments
Copy for information to:
1. Secretary (Coordination), DBT Mission, Cabinet Secretariat
2. Joint secretary (in charge of UrDAr), M/o Erectronics and rnformation
Technology
3. Dy. Director General, All Regional Offices, UIDAI
4 Authentication/Legal Divisions, UIDAI He
Page 3 of3
Annex-1: s-ample Template of Aadhaar section 7 Notafication for the
state
Schemes where beneficiaries are Crther than children
NOTIFICATION
(2) Any individual desirous of availing benefits under the Scheme, who
does
not possess the Aadhaar number or, has not yet enroiled for
Aadhaar, shal be
required to make apprication for Aadhaar enrorment before
registering for the
Scheme provided that he is entifled to obtain Aadhaar as per
section 3 of the
said Act, and such individuals shall visit any Aadhaar enrolment centre (rist
available at the Unique rdentification Authority of rndia (urDAr) website
www uidai gov in) to get enrolled for Aadhaar.
Provided that till the time Aadhaar is assigned to the individual, benefits
under the scheme shail be given to such individual, subject to the production
of
the following documents, namely :_
(a) if he has enrolled, his Aadhaar Enrolment ldentification slip; and
(b) any one of the following documents, namely ._
(i) Bank or Post office passbook with photo; or
(ii) Permanent Account Number (pAN) Card; or
(jii) Passport; or
(iv) Ratron Card; or
(v) Voter ldentity Card; or
(vi) MGNREGA card, or
(vii) Kisan Photo passbook, or
(viii) Driving ricense issued by the Licensing Authority under the Motor
Vehictes Act, 1988 (S9 of 19BB); or
(ix) certificate of identity having photo of such person issued by a
Gazetted Officer or a Tehsildar on an official letter head; or
(x) any other document as specified by the Department
Provided further that the above documents may be checked by an officer
specifically designated by the Department for that purpose.
NOTIFICATION
(Name:..... ......
)
linsert designation of appropriate official of the relevant state govenment who
is adequately empowered for this purposel
No. D-2601 1 / 04/ z0t7 -Dts"r'
Government of Incra
Cabinet Secreiariat
(DBT'Mission)
Dated: 19e December 2017
Office Memorandum
2' GoveIr:Ient is sensiiive to the fact that the Aadhaar cnrorment piocess
Hor'r'ever,
has not
been completed and i:-rfrastructure constraints may
pose difficultv ir-r online autlrentication. To
ensure that bona tide beneficiaries are not depriveJ
of their due bencfits, sufficie:rt provisior.Ls
have been made in the Aadhaar Act, 2016. LrrDAl has
also issucd regulatiors io han,fle
exceptiors, ers":ring that no beneficiarv is denied benefits
for rr'ant oJ aadhaar, vi,je circu lar
dated.2'ls october, z0r7 (copy encr.osed. jor ready refu.rence).
In accordance *,ith the guidelines
issued by UIDAI from tlnie to iime, the follorring
may be considereri:
B' ln all such cases where Aadhaar authentication fairs, the folowing mechanism may be
adopted:
i. Departments and Ball< Branches may make orovisions for IRIS scanners along with
iingerprint scanners, n herever feasible.
ii. In cases of fai-lure due to lack oi conncctiviil,, oft]ine authentication svstem such as
QR
code based coupons, \fobi1e based OTp or TOTp may be explored.
i-ii. ln all cases rvhere orLlinc authcntication is not feasible, the benefit/ serr,'ice may be
provided on the basis of possession of.Aadhaar, aJter duly recordilg the traruactiol i1
register, to be revier.ed and audited periodica_ll,v.
EnclSqgg. aiabq"€
(Arun Sharma)
Director (DBT)
Tel - (011) 23343860 ExE 318
To:
Copy to:
NOO:
1. AS (TB), PMO
2 SCJ to CS / Sr. PPS to Addl. Secerarv (Ccordinaiion) / lS (AG) / lS (DBT)
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Dr.AFy Bhushan Pandey, IAS
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Govemment of India
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Unique ldentmcation Authority of lndia (UtDAt)
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No. 2301 l/Ged20 I 4/Legal-UIDAI 24th October, 2017
Circular
Section 7 of the Aadhaar ('Iartscted Delivery, ot'Financial and Othqr Subsidies, Benelits and
Services) Act. 201 6 proyides that:
"The Central Covernment or. as the case ma), be. the State Government nra1,, Ibr the
purpose of esmblishing identity of an individual as a condition lor receipr of a subsid1., benefir or
service for which the expenditure is incurred from. or the receipt thcrcliom forms part of, the
Consolidated Fund of India, require that such individual undergo authentication. or t'urnish proof of
possession of Aadhaar number or in the case ofan individual to tvhom no Aadhaar number has
bcen assigned. such individual makes an application fbr enrolment:
Provided that if an Aarihaar nunrber is not assignqd to an individual. the indiridual shall bs
ol'trcd altcrnatc and viablc ntcans,.rt idcntillcation fbr tlclivrrr ol thc subsidr. bcncllt or scrricc."
l. \'arious !l in istriesr l)cpannlcn ts ha\c issucd notillcatitxt under Section 7 of Aadhaar Act to
rt;quire .\adhaar i ,,\adhaar authentication for delivery ofvtrious bqnefits. subsidies or service lbr
lvhich the e\penditure is incurred tiom. or the receipt theref'rom tbrms pan ol'the Consolidated
Fund ol'lndia.
J. lt has come to notice lhat sonre beneticiaries arc being dcnicd thc benefit, subsidv or service
tbr virious reasons such as no1 having Aadhaar: f'ailure of aurhentication; and other extraneous
circumstances like electricity outage. internet connectivitr issucs etc despite above provisions of
Aadhaar Act and other adequate mechanisms to handle such exceptions alreadv provided in the
Regulations and notit.ications issued under Section 7.
,1. I'hcrelirre. the fbllouing cxception Irandling rnechanisnr and back-up identity aLrthcntication
rncchani:urs nrar be lbllo*ed fbr inrplcnrcntation to en5urc sc.rnrlcss dclirery ol'subsidy. bencfit or
serr ice 1o hcncliciaq :
r. lill the timc Aadha:rr is assigned to a beneticiary. heishe shall be provided subsidy.
bcnclit or service bascd on irllcrnate identillcation docu$enl as notitred by the
\'l inistr)'Dcpa(nrent in the rele,,ant notitjcation issued under the prorision of Section 7
ot thc Aadhaar Acl.20l6. Thr- notifications illstr gire pouers Io hoth Cenlral Vinisrry
and State Covernnrents (as thc case nra) bc) ttr add rnLrre alternatc documents depending
on local conditions.
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ln case of lailure of Biometric authentication due to net*orlvconnectiyity issue 0r due
to poor biometric of resideat etc, he/she shall be provided subsidy, benefit or service
based on possession of Aadhaar by himi'her as provided in Section 7 of thc Aadhaar Act,
2016 and the notification.
In case of a lamill' based scheme, such as PDS. an option shall be provided that any
member of the family can authenticate and receive the beneflt. as notilled b) the
Ministry/Department in rhe rclevant notification issued under the provision of Section 7
of the Aadhaar Act. 2016. This flexibilit! should lx used fbr ensuring delivery ol'
benellt in case hiometric authentication tbr a member rsenior) fails.
All such exception handling shall be recorded in rhe srsteln and steps be taken to avoid
an1 misuse of the exception. I'he fronl end serrice provider shallalso rnaintain rccord of
exception such as copy of Aadhaar letter. signature,/thumbprint olthe beneticiary and
other supporting documents as notified by the M inistn rDepanment.
l'he Ministry/Department shall devise and implement mechanism for audit and
inspection of such cxceptions.
5. lhc Ministrie si De panment are .equested to issre appropriate directions ro the Stale
(icrvcrnr:rcn(s lmplenrcnting agcncics lor thc ahorc s\ccption handling rnechanism and alstr
rnulitor thr: sanrr ol periodical Lrasrs.
w**A
(Dr. Ajal Bhushan Pandel t
To
All Ministricsr'Depanmenr
,\ll State Golernments