Amending regulation

The Aadhaar (Enrolment and Update) Amendment Regulations, 2023

This amending instrument records 10 discrete changes to the principal regulations. The first nine are inline before/after substitutions or insertions captured verbatim above; the tenth substitutes Schedules I, II and III in their entirety, which are too long to inline — see the source PDF for the full forms and document lists.

Changes

· inserted — regulation 2, sub-regulation (1), after clause (f) The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

(fa) “database” means the organised collection of data, generally stored and accessed in electronic form from a computer network;

· substituted — regulation 2, sub-regulation (1), clause (k) The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

(k) “head of family” means such member of the family of an individual undergoing the process of enrolment or update of his demographic information or biometric information, or the legal guardian of such individual,— (iii) in respect of whom a document or electronic record evidencing proof of relationship with that individual is submitted; and (iv) who is the father, mother or guardian of such individual;

· substituted — regulations 4 and 5 The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

4. Demographic information.—(1) The following demographic information in respect of an individual who is undergoing enrolment and who is above five years of age shall be collected, namely:— a) Name; b) Date of birth; c) Gender; and d) Address. (2) In addition to the demographic information referred to in sub-regulation (1), the following demographic information in respect of the individual undergoing the enrolment process may be collected during enrolment, at the option of such individual, namely:— a) Mobile number; and b) Email address. (3) Notwithstanding anything contained in sub-regulation (2), if a Non-Resident Indian or a foreign national seeks enrolment, he shall be required to furnish his email address. Explanation.—For the purposes of these regulations, “Non Resident Indian” shall mean a person who is a citizen of India holding a valid Indian passport but not a resident as defined in clause (v) of section 2 of the Act. (4) If an individual who seeks to enrol is a child or an individual in respect of whom a legal guardian has been appointed and seeks to establish his identity through confirmation of the same by the head of family, in addition to the demographic information under sub-regulation (1), the following additional information in respect of such child or individual shall be collected during enrolment, namely:— a) Name of the head of family; b) Relationship of the head of family with the individual seeking to enrol; c) Aadhaar number of the head of family; and d) Biometric information of the head of family. 5. Information for enrolment of a child below five years of age.—The following information in respect of a child below the age of five years who is undergoing enrolment shall be collected, namely:— a) Name; b) Date of birth; c) Gender; d) Facial image; e) Aadhaar number of parents or the guardian, along with the details of the relationship with the child; f) Biometric information of either parent or the guardian, along with his address: Provided that if the Aadhaar number of the parents or guardian is not available, the reasons for the same shall be recorded: Provided further that the identity of the parent or guardian referred to in clause (f) shall be established through biometric-based authentication.

· substituted — regulation 10 The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

10. Submission and verification of information.—(1) An individual who seeks to enrol shall be required to submit an application in the form set out in Schedule I and shall— a) present at the enrolment centre, in original, for verification and scanning, one or more documents evidencing proof of identity and proof of address and, where applicable, proof of date of birth or proof of relationship or both, as the case may be; or b) give his consent for electronically obtaining the information evidencing the proofs referred to in clause (a) from the databases of the authorities dealing with the preparation or maintenance of such information: Provided that such presentation or electronic obtaining of information shall be subject to the software provided or authorised by the Authority for carrying out the process of enrolment supporting the same. (2) A list of documents that may be presented to evidence the proofs referred to in sub-regulation (1) is in Schedule II. (3) Collection of documents evidencing proof of identity and proof of address of an individual shall not be necessary where— (a) an enrolment or update of biometric information or demographic information has been carried out by the Registrar General of India; or (b) electronic information evidencing the said proofs is available from the databases prepared or maintained by the authorities dealing with the preparation or maintenance of such information. (4) Verification of the information collected as part of the process of enrolment shall be done on the basis of documents specified in Schedule III or electronic information evidencing the proofs referred to in clause (a) of sub-regulation (1): Provided that assistance of any Ministry, Department or agency of the Central Government or a State Government may be taken for the purpose of such verification.

· substituted — regulation 16 The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
Before

procedure as specified by the Authority from time to time

After

procedure as specified in this Chapter

· substituted — regulation 16A The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

16A. Update of documents or information.—An Aadhaar number holder may, on completion of every period of 10 years from the date of generation of the Aadhaar number assigned to him, update the documents or the information evidencing proof of identity and proof of address as referred to in regulation 10, at least once, by— (a) presenting such documents at an enrolment centre or update centre or enrolment and update centre in like manner as is provided in respect of presentation of documents under clause (a) of sub-regulation (1) of regulation 10; (b) electronically uploading copies of such documents on the website or mobile application of the Authority, in the manner provided for this purpose on such website or application, as the case may be; or (c) giving his consent for electronically obtaining the information evidencing the said proofs from the databases of the authorities dealing with the preparation or maintenance of such information, so as to help ensure the continued accuracy of his information in the Central Identities Data Repository: Provided that such presentation, electronic uploading or electronic obtaining shall be subject to the software provided or authorised by the Authority for carrying out the process of update supporting the same.

· substituted — regulation 27, sub-regulation (1), clause (a) The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

(a) If it is established that more than one Aadhaar numbers have been issued to the same person, the Aadhaar number assigned the earliest shall be retained and all subsequent Aadhaar numbers omitted;

· inserted — after regulation 28 The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

28A. Deactivation of certain Aadhaar numbers.—Without prejudice to anything contained in regulation 28, in respect of a foreign national who is seeking enrolment or is an Aadhaar number holder, Aadhaar number may be deactivated— (a) upon expiry of the period of validity of their visa for stay in India; or (b) where the Authority is satisfied that such foreign national does not fulfil the requirements for his entry into or stay in India under the Passport (Entry into India) Act, 1920 (34 of 1920), the rules made thereunder and guidelines issued by the Ministry of Home Affairs in this regard from time to time.

· inserted — after regulation 35 The Aadhaar (Enrolment and Update) Amendment Regulations, 2023
After

36. Doing of act or thing related to delegated power or function.—(1) Any act or thing that is to be or may be done by the Authority under these regulations may also be done by any Member or officer of the Authority or any other person to whom the Authority has delegated the related power or function by general or special order in writing, under section 51 of the Act. (2) The Authority may determine whether or not an act or thing done by a Member, officer or other person under sub-regulation (1) is related to a power or function delegated as referred to in the said sub-regulation.

· substituted — Schedules I, II and III The Aadhaar (Enrolment and Update) Amendment Regulations, 2023

All three Schedules (enrolment/update forms and the list of acceptable documents) replaced wholesale. See the source PDF for the verbatim substituted Schedule bodies — they run to several pages of forms and tabular document lists.