• I ., ~-----------------------------------------------~---------------------------------- ~ "{j. "it. ~----(~)04/0007/2003--19 REGISTEI\ED NO. DL-- N 04/0007/2003-19 'WIII-~ I PARTIl- Section1 ~~~ PUBLISHED BY AUTH RITY I* 181 ~ ~,llf.rcm:, lI'T"f 02, 2019/~ 11,1940 (wq;).
No. 18] NEW DELIll, SATURDAY, MARCH 02, 201?IPHALGUNA 11, 1940 (SAKA) ~ ~ltf\Ff~~~~t~flf;~~~~l'1IltWT~ ~I Separate paging is ginn to this Part in order that it may ~e filed as a separate compilation.
MINISTRY OF LAWAND 'USTICE (Legislative Departmerit) I New Delhi, the 2nd March, 2019/Phalguna II, 1940 (Saka) THE AADHAAR AND OTHER LAWS (Ail ENDMENT) ORDINANC.F.,1019 No 9 OF2019 Promulgated by the Presiifent In-the-Seventieth ~ear of the Republic of ~k . .1' An Ordinance to amend the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 an~ further to amend the Indian Telegraph Act, l885 and the Prevention of MOne[launderlng Act, 2002.
WHEREAS the Aedhaar and Other Laws (Amerldment) Bill, 2019 was passed by the House of the People on the 4111 day ofJanu$.ry, 2019 and is pending in the Council of States; I AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers c09ferred by clause (1) of article 123 of the Constitution, the President is pie ed to promulgate the following Ordinance:- PARTl PRELIMINARY
1.( 1) This Ordinance may be called the Aadhaar and Other Laws (Amendment) Ordinance, 2019.
(2) It shall come into force at once.
Short tlue and commencemeot.
180f2016.
180f2016.
ISof2002.
180f2016.
180f2016.
.ISofl961.
SEC. \] THE GAZETTE OF INDlAEXTRA0RDINARY I .
\\ I
(6) If, for identification of a person, authentication under clause (o) of sub-section (3) is used, neither his core ~iometric information nor the Aadhaar number of the person shall be store~.
(7) Nothing contained in sub-sections (h (4) and (5) shall prevent the Central Government from specifying furtheji safeguards and conditions for compliance by any person who is granted a license under the first proviso ~o sub-~ection (l) in respect of identification of person to whom it provides Its servIces. .
Explanation.- The expressions "Aac1haar number" and "core biometric information" shall have the same imeanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, ~nefits and Services) Act,
2016.'.
PART IV AMENDMENTIO THE PREVENTION OF MONr'LAUNDERlNG ACT. 2002
25. In chapter IV of the Prevention of f:10ney-laundering Act, 2002 (hereafter in this Part, referred to as the principal Act), before section 12, the following section shall be inserted, namely:- 1 '11 A. (J) Every Reporting Entity shall erify the identity of its clients . VcrificaliQn of and the beneficial owner. by- I Identity by Reporting Entity.
(a) authentication under the Aatlhaar (Targeted Delivery of Financial and Other Subsidies, Benefits land Services) Act, 2016 if the reporting entity is a banking company;f.
(b) offline verification under the dhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016; or
(c) use of passport issued under section 4 of the Passports Act, 1967; or 1
(d) use of any other officially alid document or modes of identification as may be notified by ~e Central Government in this behalf: I
Provided that the Central Government may, if satisfied that a reporting entity other than banking company, complieslwith such standards of pri vacy and security under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, and it is necessary and expedient to do so, by notification, PII it such entity to perform authentication under clause (a):
Provided further that no notification der the first proviso shall be issued without consultation with the Unique Identification Authority of India established under sub-section (1) of section 11 of the .Aadhaar (Targeted Delivery ofFinancial and Other SJbsidies, Benefits and Services) Act, 2016 and the appropriate regulator.
Inseltion of new section LIA.
IIof2016.
12 THE GAZETTE OF INDIA EXTRA0R11>INARY [PART 1I-
(2) If any reporting entity performs authentication under clause (a) of sub-section (I), to verify the identity ofits cliedt or the beneficial owner it shall make the other modes of identification ~der clauses (b), (c) and (d) of sub-section (1) also available to such client or the beneficial owner.
. (3) The use of modes of identification undbr sub-section (1) shall be a voluntary choice of every client or beneficial pwner who is sought to be identified and no client or beneficial owner shall be denied services for not having an Aadhaar number. I
(4) If, for identification of a client or benepcial owner, authentication or offline verification under clause (a) or clause (b) of sub-section (1) is used, neither his core biometric information JI his Aadhaar number shall be stored.
(5) Nothing in this section shall prevent ~ Central Government from notifying additional safeguards on any reMl'ting entity in respect of verification of the identity of its client or benefirial owner.
Explanation.- The expressions "Aadhbr number" and "core biometric information" shall have the same mJanings as are respectively assigned to them in clauses (a) and (j) of sectiod 2 of the Aadhaar (Targeted Deli very 0 fFinancial and Other Subs idies, Ben I Its and Services) Act,
2016.'. 180(2016.
Ameruinent of section 73.
26. In section 12 of the principal Act, in sub-s hion (1), clauses (c) and (d) shall be omitted.
27. In section 73 of the principal Act, in sub-section (2), clauses (J) and (iJ1 shall be omitted.
Amendment of section 12.
DR. G. NARAYANA RAJU, S cretary to the Govt. of India.
RAM NATH KOVIND, President.
MGIPMRND-3993Gl(CRC}-02-03-2019.