9
(5) The use of modes of identification under sub-section (3) shall be a voluntary
choice of the person who is sought to be identified and no person shall be denied any
service for not having an Aadhaar number.
5
10
(6) If, for identification of a person, authentication under clause (a) of
sub-section (3) is used, neither his core biometric information nor the Aadhaar number
of the person shall be stored.
(7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central
Government from specifying further safeguards and conditions for compliance by any
person who is granted a license under the first proviso to sub-section (1) in respect of
identification of person to whom it provides its services.
Explanation.—The expressions “Aadhaar number” and “core biometric
information” shall have the same meanings as are respectively assigned to them in
clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016.’.
18 of 2016.
15
PART IV
AMENDMENT TO THE PREVENTION OF MONEY-LAUNDERING ACT, 2002
(15 OF 2003)
15 of 2002.
20
25. In Chapter IV of the Prevention of Money-laundering Act, 2002 (hereafter in this
Part, referred to as the principal Act), before section 12, the following section shall be inserted,
namely:—
‘11A. (1) Every Reporting Entity shall verify the identity of its clients and the
beneficial owner, by—
18 of 2016.
25
(a) authentication under the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016 if the reporting entity is a
banking company; or
(b) offline verification under the Aadhaar (Targeted Delivery of Financial
and Other Subsidies, Benefits and Services) Act, 2016; or
18 of 2016.
(c) use of passport issued under section 4 of the Passports Act, 1967; or
15 of 1967.
30
(d) use of any other officially valid document or modes of identification
as may be notified by the Central Government in this behalf:
35
Provided that the Central Government may, if satisfied that a reporting entity
other than banking company, complies with such the standards of privacy 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, permit
such entity to perform authentication under clause (a):
18 of 2016.
Provided further that no notification under 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 of Financial and Other
Subsidies, Benefits and Services) Act, 2016 and the appropriate regulator.
18 of 2016.
40
45
(2) If any reporting entity performs authentication under clause (a) of sub-section (1),
to verify the identity of its client or the beneficial owner it shall make the other modes
of identification under 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 under sub-section (1) shall be a voluntary
choice of every client or beneficial owner who is sought to be identified and no client
or beneficial owner shall be denied services for not having an Aadhaar number.
(4) If, for identification of a client or beneficial owner, authentication or offline
verification under clause (a) or clause (b) of sub-section (1) is used, neither his core
biometric information nor his Aadhaar number shall be stored.
Insertion of
new section
11A.
Verification of
Identity by
Reporting
Entity.