MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 21 of the Bill seeks to amend section 53 of the Act which confers power
upon the Central Government to make rules providing for— (i) the purpose for which the
requesting entity may be allowed to perform authentication under sub-clause (ii) of
clause (b) of sub-section (4) of section 4; (ii) the qualification and experience of, and the
manner of appointment of, the Adjudicating Officer under sub-section (1) of section 33B;
and (iii) the form, manner, and fee for an appeal to be filed under sub-section (2) of
section 33D.
2. Clause 22 of the Bill seeks to amend section 54 the Act which confers power upon
the Authority to make regulations providing for— (i) the entities or group of entities in the
Aadhaar ecosystem under clause (aa), the biometric information under clause (g) and the
demographic information under clause (k), the process of collecting demographic information
and biometric information from the individuals by enrolling agencies under clause (m), and
the modes of offline verification of Aadhaar number holder under clause (pa) of section 2;
(ii) the manner of generating an alternative virtual identity under sub-section (4) of
section 3; (iii) the manner in which cancellation of an Aadhaar number may be carried out
under sub-section (2) of section 3A; (iv) standards of privacy and security to be complied
with by the requesting entities under sub-section (4) of section 4; (v) the classification of
requesting entities under sub-section (5) of section 4; (vi) the alternate and viable means of
identification of individual under the proviso to clause (b) of sub-section (2) of section 8;
and (vii) the manner of obtaining consent under clause (a) of sub-section (2), the
manner of providing information to the individual undergoing offline verification
under sub-section (3), and the obligations of offline verification-seeking entities under
clause (c) of sub-section (4), of section 8A.
3. The matters in respect of which the rules or regulations may be made are matters of
procedure and administrative detail and it is not practicable to provide for them in the Bill
itself. The delegation of legislative power is, therefore, of a normal character.
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