Section 31 in The Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits and Services) Act 2016

Title: Alteration of demographic information or biometric information

Description: (1) In case any demographic information of an Aadhaar number holder is found incorrect or changes subsequently, the Aadhaar number holder shall request the Authority to alter such demographic information in his record in the Central Identities Data Repository in such manner as may be specified by regulations. (2) In case any biometric information of Aadhaar number holder is lost or changes subsequently for any reason, the Aadhaar number holder shall request the Authority to make necessary alteration in his record in the Central Identities Data Repository in such manner as may be specified by regulations. (3) On receipt of any request under sub-section (1) or sub-section (2), the Authority may, if it is satisfied, make such alteration as may be required in the record relating to such Aadhaar number holder and intimate such alteration to the concerned Aadhaar number holder. (4) No identity information in the Central Identities Data Repository shall be altered except in the manner provided in this Act or regulations made in this behalf.

Title: Access to own information and records of requests for authentication

Description: (1) The Authority shall maintain authentication records in such manner and for such period as may be specified by regulations. (2) Every Aadhaar number holder shall be entitled to obtain his authentication record in such manner as may be specified by regulations. (3) The Authority shall not, either by itself or through any entity under its control, collect, keep or maintain any information about the purpose of authentication.

Title: Disclosure of information in certain cases

Description: (1) Nothing contained in sub-section (2) or sub-section (5) of section 28 or sub-section (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a 1[Judge of a High Court]: Provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the Authority 2[and the concerned Aadhaar number holder]. 2[Provided further that the core biometric information shall not be disclosed under this sub-section.] (2) Nothing contained in sub-section (2) or sub-section (5) of section 28 and clause (b) of sub-section (1), sub-section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not below the rank of 3[Secretary] to the Government of India specially authorised in this behalf by an order of the Central Government: Provided that every direction issued under this sub-section, shall be reviewed by an Oversight Committee consisting of the Cabinet Secretary and the Secretaries to the Government of India in the Department of Legal Affairs and the Department of Electronics and Information Technology, before it takes effect: Provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the Oversight Committee. 1. Subs. by s. 14, ibid., for “District Judge” (w.e.f. 25-7-2019). 2. Ins. by s. 14, ibid. (w.e.f. 25-7-2019).. 3. Subs. by Act 14 of 2019, s. 14, for "Joint Secretary" (w.e.f. 25-7-2019).

Title: Penalty for failure to comply with provisions of this Act rules regulations and directions

Description: 1[33A. Penalty for failure to comply with provisions of this Act, rules, regulations and directions.-- (1) Where an entity in the Aadhaar ecosystem fails to comply with the provision of this Act, the rules or regulations made there under or directions issued by the Authority under section 23A, or fails to furnish any information, document, or return of report required by the Authority, such entity shall be liable to a civil penalty which may extend to one crore rupees for each contravention and in case of a continuing failure, with additional penalty which may extend to ten lakh rupees for every day during which the failure continues after the first contravention. (2) The amount of any penalty imposed under this section, if not paid, may be recovered as if it were an arrear of land revenue.] 1. Ins. by s. 15 (w.e.f. 25-7-2019)

Title:  Power to adjudicate

Description: 1[33B. Power to adjudicate.-- (1) For the purposes of adjudication under section 33A and imposing a penalty there under, the Authority shall appoint an officer of the Authority, who is not below the rank of a Joint Secretary to the Government of India and possessing such qualification and experience as may be prescribed, to be an Adjudicating Officer for holding an inquiry in such manner as may be prescribed. (2) No inquiry under sub-section (1) shall be initiated except by a complaint made by the Authority. (3) While holding an inquiry, the Adjudicating Officer shall-- (a) provide the entity in the Aadhaar ecosystem against whom complaint is made, an opportunity of being heard; (b) have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. (4) If the Adjudicating Officer, on such inquiry, is satisfied that the entity in the Aadhaar ecosystem has failed to comply with any provision of this Act or the rules or regulations made there under or directions issued by the Authority under section 23A, or has failed to furnish any information, document, or return of report required by the Authority, the Adjudicating Officer may, by order, impose such penalty under section 33A as he thinks fit.] 1. Ins. by s. 15 (w.e.f. 25-7-2019).