CHAPTER VIII
MISCELLANEOUS
48. (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 defaulted 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 a public emergency exists,
the Central Government may, by notification, supersede the Authority for such period, not
exceeding six months, as may be specified in the notification and appoint a person or
persons as the President may direct to exercise powers and discharge functions under this
Act:
Provided that before issuing any such notification, the Central Government shall
give a reasonable opportunity to the Authority to make representations against the
proposed supersession and shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1), superseding the
Authority,—
(a) the Chairperson and other 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 the
person or persons referred to in sub-section (1); 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 reappointment.
(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.
49. The Chairperson, Members, officers and other employees of the Authority shall
be deemed, while 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.
50. (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 to it,
from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to
express its views before any direction is given under this sub-section:
Provided further that nothing in this section shall empower the Central Government
to issue directions pertaining to technical or administrative matters undertaken by the
Authority.
(2) The decision of the Central Government, whether a question is one of policy or
not, shall be final.
51. 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.
52. No suit, prosecution or other legal proceeding shall lie against the Central
Government or the Authority or the Chairperson or any Member or any officer, or other
employees of the Authority for anything which is in good faith done or intended to be done
under this Act or the rule or regulation made there under.
53. (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 of secrecy is to be subscribed by the Chairperson and Members under
sub-section (2) of section 14;
(b) the salary and allowances payable to, and other terms and conditions of
service of, the Chairperson and the allowances or remuneration payable to Members
of the Authority under sub-section (4) of section 14;
(c) the other powers and functions of the Chairperson of the Authority under
section 17;
(d) the other powers and functions of the Authority under clause (t) of
sub-section (2) of section 23;
(e) the form of annual statement of accounts to be prepared by Authority under
sub-section (1) of section 26;
(f) the form and the manner in which and the time within which returns and
statements and particulars are to be furnished under sub-section (1) of section 27;
(g) the form and the manner and the time at which the Authority shall furnish
annual report under sub-section (2) of section 27;
(h) 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.
54. (1) The Authority may, by notification, make regulations consistent with this Act
and the rules made thereunder, for carrying 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 biometric information under clause (g) and the demographic information
under clause (k), and the process of collecting demographic information and biometric
information from the individuals by enrolling agencies under clause (m), of section 2;
(b) the manner of verifying the demographic information and biometric
information for issue of Aadhaar number under sub-section (3) of section 3;
(c) the conditions for accepting an Aadhaar number as proof of identity of the
Aadhaar number holder under sub-section (3) of section 4;
(d) the other categories of individuals under section 5 for whom the Authority
shall take special measures for allotment of Aadhaar number;
(e) the manner of updating biometric information and demographic information
under section 6;
(f) the procedure for authentication of the Aadhaar number under section 8;
(g) the other functions to be performed by the Central Identities Data Repository
under section 10;
(h) the time and places of meetings of the Authority and the procedure for
transaction of business to be followed by it, including the quorum, under
sub-section (1) of section 19;
(i) the salary and allowances payable to, and other terms and conditions of
service of, the chief executive officer, officers and other employees of the Authority
under sub-section (2) of section 21;
(j) the demographic information and biometric information under clause (a) and
the manner of their collection under clause (b) of sub-section of (2) of section 23;
(k) the manner of maintaining and updating the information of individuals in the
Central Identities Data Repository under clause (f) of sub-section (2) of section 23;
(l) the manner of omitting and deactivating an Aadhaar number and information
relating thereto under clause (g) of sub-section (2) of section 23;
(m) the manner of use of Aadhaar numbers for the purposes of providing or
availing of various subsidies, benefits, services and other purposes for which Aadhaar
numbers may be used under clause (h) of sub-section (2) of section 23;
(n) the terms and conditions for appointment of Registrars, enrolling agencies
and other service providers and the revocation of appointments thereof under
clause (i) of sub-section (2) of section 23;
(o) the manner of sharing information of Aadhaar number holder under
clause (k) of sub-section (2) of section 23;
(p) various processes relating to data management, security protocol and other
technology safeguards under clause (m) of sub-section (2) of section 23;
(q) the procedure for issuance of new Aadhaar number to existing Aadhaar
number holder under clause (n) of sub-section (2) of section 23;
(r) manner of authorising Registrars, enrolling agencies or other service
providers to collect such fees for services provided by them under clause (o) of
sub-section (2) of section 23;
(s) policies and practices to be followed by the Registrar, enrolling agencies and
other service providers under clause (r) of sub-section (2) of section 23;
(t) the manner of accessing the identity information by the Aadhaar number
holder under the proviso to sub-section (5) of section 28;
(u) the manner of sharing the identity information, other than core biometric
information, collected or created under this Act under sub-section (2) of section 29;
(v) the manner of alteration of demographic information under sub-section (1)
and biometric information under sub-section (2) of section 31;
(w) the manner of and the time for maintaining the request for authentication
and the response thereon under sub-section (1), and the manner of obtaining, by the
Aadhaar number holder, the authentication records under sub-section (2) of
section 32;
(x) any other matter which is required to be, or may be, specified, or in respect
of which provision is to be or may be made by regulations.
55. 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 the 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.
56. The provisions of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force.
57. Nothing contained in this Act shall prevent the use of Aadhaar number for
establishing the identity of an individual for any purpose, whether by the State or any body
corporate or person, pursuant to any law, for the time being in force, or any contract to this
effect:
Provided that the use of Aadhaar number under this section shall be subject to the
procedure and obligations under section 8 and Chapter VI.
58. (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 be necessary 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.
59. Anything done or any action taken by the Central Government under the
Resolution of the Government of India, Planning Commission bearing notification number
A-43011/02/2009-Admin. I, dated the 28th January, 2009, or by the Department of Electronics
and Information Technology under the Cabinet Secretariat Notification bearing notification
number S.O. 2492(E), dated the 12th September, 2015, as the case may be, shall be deemed to
have been validly done or taken under this Act.
