Cabinet
Making Aadhaar people friendly

No individual to be compelled to provide proof of Aadhaar number unless provided by law

Aadhaar number on voluntary basis to be accepted as KYC document

Cabinet approves The Aadhaar and Other Laws (Amendment) Bill, 2019

12 JUN 2019

In a major move aimed at making Aadhaar making people friendly, the Union Cabinet, chaired by the Prime Minister Narendra Modi has approved “The Aadhaar and Other Laws (Amendment) Bill, 2019” to replace the Aadhaar and Other Laws (Amendment) Ordinance, 2019. The amendments proposed are the same as those contained in the Ordinance promulgated by President on 2nd March, 2019. The Bill will be introduced in ensuing session of Parliament.

The decision is expected to go a long way in meeting the people friendly and citizen centric nature of Aadhaar.

Impact:

The decision would enable UIDAI to have a more robust mechanism to serve the public interest and restrain the misuse of Aadhar.
Subsequent to this amendment, no individual shall be compelled to provide proof of possession of Aadhaar number or undergo authentication for the purpose of establishing his identity unless it is so provided by a law made by Parliament.

For the convenience of general public in opening of bank accounts, the proposed amendments would allow the use of Aadhaar number for authentication on voluntary basis as acceptable KYC document under the Telegraph Act, 1885 and the Prevention of Money Laundering Act, 2002.
Details:

The salient features of the amendments are as follows :

• Provides for voluntary use of Aadhaar number in physical or electronic form by authentication or offline verification with the consent of Aadhaar number holder;
• Provides for use of twelve-digit Aadhaar number and its alternative virtual identity to conceal the actual Aadhaar number of an individual;
• Gives an option to children who are Aadhaar number holders to cancel their Aadhaar number on attaining the age of eighteen years;
• Permits the entities to perform authentication only when they are compliant with the standards of privacy and security specified by the Authority; and the authentication is permitted under any law made by Parliament or is prescribed to be in the interest of State by the Central Government;
• Allows the use of Aadhaar number for authentication on voluntary basis as acceptable KYC document under the Telegraph Act, 1885 and the Prevention of Money-laundering Act, 2002;
• Proposes deletion of section 57 of the Aadhaar Act relating to use of Aadhaar by private entities;
• Prevents denial of services for refusing to, or being unable to, undergo authentication;
• Provides for establishment of Unique Identification Authority of India Fund;
• Provides for civil penalties, its adjudication, appeal thereof in regard to violations of Aadhaar Act and provisions by entities in the Aadhaar ecosystem.

Background:

The Aadhaar and Other Laws (Amendment) Ordinance, 2019 was considered by the Cabinet in its meeting held on 28th February, 2019 and the Ordinance was promulgated by the President on 2nd March, 2019.

The Aadhaar and Other Laws (Amendment) Ordinance, 2019 amongst other things envisaged strengthening of the Aadhaar Act as per the directions of the Supreme Court and recommendations of Justice B.N.Srikrishna(Retd) Committee.

PIB

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10 SEP 2018

The Department of Posts today clarified that it is mandatory to produce an Identity Proof acceptable for important transactions like booking an International Parcel or International EMS (Merchandise) for safety and security reasons. One of the accepted Identity Proof is Aadhaar, along with others like driving license, Passport, Voter ID etc which are also acceptable. Aadhaar, as per the prevailing norms in the country, is not a mandatory document to be produced at the time of booking. Moreover, all such documents are only required for office record and are NOT required to be pasted on the consignments.

The clarification comes in the wake of a news report published in The Times of India, Bengaluru edition dated 10.09.2018 with the heading “India Post asks for display of Aadhaar number on parcels“. The department said that it appears that the confusion was created by an erroneous message generated from the twitter account of the office of the Chief Postmaster General, Delhi Circle wherein it was mentioned that pasting of ID proof on consignments is in accordance with international guidelines.

Instructions are being reiterated to the post offices to ensure smooth booking of articles taking the convenience and regulatory requirements into account together. The Department of Posts said that a copy of any ID proof including Aadhaar is required for booking of International Parcel and International EMS (Merchandise) for security purpose based on requests received from organizations like Narcotics Control Bureau and Wild Life Crime Control Bureau. India Post is committed to ensuring safety and security in its operations.

PIB

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The Supreme Court on Thursday reserved its interim order for tomorrow on pleas seeking a stay on the government’s decision of mandatory linking of Aadhaar with various welfare schemes.

A five-judge Constitution bench headed by Chief Justice Dipak Misra said the final hearing on the petitions challenging the Aadhaar scheme itself would commence from January 17 next year.

The central government had yesterday attempted to convince the court not to interfere with its deadlines, promising to extend it for another three months till 31 March 2018 for those who do not have Aadhaar.

Earlier on October 25, the Supreme court had said that the deadline for compulsory linking of Aadhaar to receive benefits of government schemes has been extended till March 31, 2018 for those who do not have the 12-digit unique biometric identification number.

Earlier the court had tagged 22 cases to be heard by a smaller bench.

The cases challenge several aspects of Aadhaar, including the use of data collected under the unique identification programme.

As of now, the 12-digit Aadhaar number is compulsory to be linked to bank accounts, PAN cards, government services and cell phone services.

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After considering various representations received and inputs received from Banks, it has been decided to notify 31st March, 2018 or six months from the date of commencement of account based relationship by the client, whichever is later, as the date of submission of the Aadhaar number, and Permanent Account Number or Form 60 by the clients to the reporting entity. Necessary notification in this regard has been issued.

It may be recalled that earlier Under the provisions of Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017, published in the Extraordinary Gazette of India vide G.S.R. 538 (E) dated 01.06.2017, it was provided that

i) In case the client, eligible to be enrolled for Aadhaar and obtain a Permanent Account Number does not submit the Aadhaar number or the Permanent Account Number at the time of commencement of an account based relationship with a reporting entity, the client shall submit the same within a period of six months from the date of the commencement of the account based relationship. Provided that the clients, eligible to be enrolled for Aadhaar and obtain the Permanent Account Number, already having an account based relationship with reporting entities prior to date of this notification, the client shall submit the Aadhaar number and Permanent Account Number by 31st December, 2017.
(ii) In case the client fails to submit the Aadhaar number and Permanent Account Number within the aforesaid six months period, the said account shall cease to be operational till the time the Aadhaar number and Permanent Account Number is submitted by the client. Provided that in case client already having an account based relationship with reporting entities prior to date of this notification fails to submit the Aadhaar number and Permanent Account Number by 31st December, 2017, the said account shall cease to be operational till the time the Aadhaar number and Permanent Account Number is submitted by the client.

PIB

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Tele : 25684645
Telefax: 011-25684946
Email:jditechs-mod@nic.in

Central Organisation ECHS
Adjutant General’s Branch
Integrated HQ of MoD (Army)
Maude Lines
Delhi Cantt-110 010

B/49779-Outsourcing/AG/ECHS

Dated:03.10.2017

M/s UTI-ITSL
UTI Bhawan, Plot No.3,Sector 11
CBD Belapur, Navi Mumbai
Maharashtra – 400614

ENDORSING OF AADHAAR NUMBER ON REFERRALS

1.Further to our letter No.B/49779-Outsourcing/AG/ECHS dated 20 Sep 2017.

2.Based On number of representations received from various Regional Centres, the following modifications in the referral generation process will be carried out:

(a) Under exceptional situations if the OIC Polyclinic is convinced that even in the absence of Aadhaar Card, a referral is required to be issued, the OIC Polyclinic will endorse his remarks justifying the issue of referral without Aadhaar Card and referral may be generated.

(b) However, it shall be the responsibility of the OIC Polyclinic to ensure that Aadhaar numbers is entered in that claim ID within next 30 days of issue of such referrals and in no circumstances next referrals and in no circumstances next referral to such individuals will be issued without Aadhaar details.

(c) UTI-ITSL to ensure that a trail of such referrals is maintained and a check box is created which can be selected by the OIC Polyclinic for issue of referrals even in the absence of Aadhaar details. UTI-ITSL to guidelines enumerated above for OIC Polyclinic and Systematically ensure that Aadhaar details are captured as per above mentioned instructions.

3. In addition, UTI-ITSL to create following exceptions in the referral generation module:-

(a) Nepal Domicile Gorkhas (NDG) are exempted from submitting Aadhaar details.

(b) Polyclinics under RC Guwahati and Polyclinics under RC Jammu (in the state of J&K) are also exempted from submitting Aadhaar details till further orders.

4.These guidelines be implemented with immediate effect.

5.This has the approval of MD, ECHS.

(BR Salgotra)
Lt Col
Jt Dir (Stats & Automation)
for Dir (Stats & Automation)

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New Delhi: The Income Tax department has launched a new e-facility to link a person’s Aadhaar with the Permanent Account Number (PAN), a mandatory procedure for filing IT returns now.

The department’s e-filing website https://incometaxindiaefiling.gov.in/ has created a new link on its homepage making it easy” to link the two unique identities of an individual.

The link requires a person to punch in his PAN number, Aadhaar number and the exact name as given in the Aadhaar card”.

After verification from the UIDAI (Unique Identification Authority of India), the linking will be confirmed. In case of any minor mismatch in Aadhaar name provided, Aadhaar OTP (one time password) will be required,” the department said in its advisory to taxpayers and individuals.

The OTP will be sent on the registered mobile number and email of the individual.

It urged them to ensure that the date of birth and gender in PAN and Aadhaar are exactly the same, to ensure linking without failure.

There is no need to login or be registered on e-filing website (of the I-T department). This facility can be used by anyone to link their Aadhaar with PAN,” it said.

The government, under the Finance Act 2017, has made it mandatory for taxpayers to quote Aadhaar or enrolment ID of Aadhaar application form for filing of income tax returns (ITR).

Also, Aadhaar has been made mandatory for applying for permanent account number with effect from July 1, 2017.

The department, till now, has linked over 1.18 Aadhaar with its PAN database.

While Aadhaar is issued by the UIDAI to a resident of India, PAN is a ten-digit alphanumeric number issued in the form of a laminated card by the IT department to any person, firm or entity.

PTI

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Ministry of Labour & Employment
Press Information Bureau,
Government of India

02-March, 2017

The EPFO has clarified that obtaining of Aadhaar should be mandatory for the time being only for final settlement of Pension and not in withdrawl cases. The EPFO had extended the date of submission of Aadhaar Number authentication by the members of Employees’Pension Scheme 1995 upto 31st March 2017.

However, news item appearing in few dailies suggested that Aadhaar is not required in settlement of pension claims. Accordingly, the EPFO reiterated that the requirement of submitting Aadhaar is not insisted for the time being only in withdrawal benefit cases under Employees’ Pension Scheme, 1995. Furnishing of Aadhaar is still mandatory for final settlement of pension and scheme certificate cases.

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/Tech/Jeevan Pramaan/(3) Vol-11/2015-16/156

20.10.2016

Office Memorandum

Subject:- Indication of Aadhaar number in Pension papers of all employees-regarding.

Attention is invited to CPAO OM No. CPAO/Tech/Jeevan Pramaan/2015-16/1770 dated 07.03.2016 and D.O. letter dated 30.07.2015 from CGA to all Secretaries (Civil Ministries) followed by OM No. CPAO/Tech/Jeevan Pramaan/2016-17/07 dated-07.04.2016 regarding incorporation of Aadhaar number in the fresh PPOs.

2. In terms of Section 7 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefit and Services) Act, 2016 “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, 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 enrollment: 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”. Further, DP&PW has intimated vide OM No. 1/20/2016 P&PW (E) dated-08.08.2016 (copy enclosed) that it has issued a revised format for the application for pension by retiring employees (Form-5) in which Aadhaar number is to be indicated, if available. DP&PW has also requested Secretaries of the Ministries/ Departments to ensure that only the latest revised Form 5 & 7 complete in all respects including Aadhaar number, where available, are forwarded along with pension papers to the PAO.

3. In view of above, all Pr. CCAs/CCAs/CAs/AGs/ Administrators of UTs are again requested to issue instructions to PAOs to invariably watch the mention of Aadhaar Number in Pension paper received from Heads of Offices. Further it is also requested to take up the matter with JS (Admin) and Heads of Department/ Heads of Offices of respective Ministries/ Departments to ensure for providing Aadhaar number in pension papers in all cases being submitted to concerned PAOs to enable them to incorporate the same in PPO booklets.

sd/-
(Subhash Chandra)
Controller of Accounts

Source : CPAO

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With the Aadhaar option you can submit
Digital Life Certificate in November
From

•  Home PC/Mobile Phone
• Nearest Branch of your Bank
• Nearest Common Service Centre
• Anywhere in the Country or the World

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The Central Government had issued the following orders from time to time regarding aading the Aadhaar number in Service Reocords of Central Government Employees.

The Honourable Supreme Court of India had already clarified that Aadhaar numbers cannot be made compulsory for Indian citizens. But the Centre had argued that Aadhaar numbers are necessary for its welfare schemes. The case is pending in the Supreme Court.

Meanwhile, without declaring that Aadhaar numbers are compulsory for all, the central government has made it compulsory for enjoying the various benefit schemes that are being offered. This has led to a debate if the centre is indirectly twisting the arms of the citizens to obtain the Aadhaar number.

In the meantime, an order was issued by the finance minister of the Delhi state government on Tuesday. It said that in order to speed up the pension distribution and salary due payments, certain new clauses have been added to Form 5. Since the order issued in this regard by the Ministry of Labour Welfare and Training is applicable to the employees of all the state and union territory governments, the employees of Delhi state government too are bound by it. Until now, the pensions for the employees of Delhi state government were given at the Accounts Auditor’s office of the Ministry of Finance. It has now been made compulsory for all the Delhi state government employees to submit their Aadhaar numbers. Hence, orders have been issued to all the employees to add their Aadhaar numbers to their Service Records.

The Department of Exchequer of the Ministry of Finance had issued an order on June 2, in which, just stopping short of saying that Aadhaar card is compulsory for all, it laid emphasis on possessing the Aadhaar number. That is, as part of the Digital India plan, and for the issuing of digital life certificate to government employees, the government is forced to take certain steps. In order to facilitate these, employees have to now submit their PAN Cards, Aadhaar numbers, email ID and cellphone numbers in their pension book records. A number of accounts department in various offices do not bother to confirm if the employees possess Aadhaar cards. The order says that the offices must insist that the employees present their Aadnaar number when they begin to draw their pensions.

Source: www.cgstaffnews.in

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