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5. In section 4 of the principal Act, for sub-section (3), the following sub-sections
shall be substituted, namely:—
5
Amendment of
section 4.
“(3) Every Aadhaar number holder to establish his identity, may voluntarily use
his Aadhaar number in physical or electronic form by way of authentication or offline
verification, or in such other form as may be notified, in such manner as may be
specified by regulations.
Explanation.—For the purposes of this Section, voluntary use of the Aadhaar
number by way of authentication means the use of such Aadhaar number only with the
informed consent of the Aadhaar number holder.
10
(4) An entity may be allowed to perform authentication, if the Authority is satisfied
that the requesting entity is—
(a) compliant with such standards of privacy and security as may be
specified by regulations; and
15
(b) (i) permitted to offer authentication services under the provisions of
any other law made by Parliament; or
(ii) seeking authentication for such purpose, as the Central Government in
consultation with the Authority, and in the interest of State, may prescribe.
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(5) The Authority may, by regulations, decide whether a requesting entity shall
be permitted the use of the actual Aadhaar number during authentication or only an
alternative virtual identity.
(6) Every requesting entity to whom an authentication request is made by an
Aadhaar number holder under sub-section (3) shall inform to the Aadhaar number
holder of alternate and viable means of identification and shall not deny any service to
him for refusing to, or being unable to, undergo authentication.
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(7) Notwithstanding anything contained in the foregoing provisions, mandatory
authentication of an Aadhaar number holder for the provision of any service shall take
place if such authentication is required by a law made by Parliament.”.
6. In section 8 of the principal Act,—
(a) in sub-section (2),—
30
Amendment of
section 8.
(i) in clause (a), after the words “consent of an individual”, the words “, or
in the case of a child obtain the consent of his parent or guardian” shall be
inserted;
(ii) after clause (b), the following proviso shall be inserted, namely:—
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“Provided that the requesting entity shall, in case of failure to
authenticate due to illness, injury or infirmity owing to old age or otherwise
or any technical or other reasons, provide such alternate and viable means
of identification of the individual, as may be specified by regulations.”;
(b) in sub-section (3), after the words “for authentication,”, the words “or in the
case of a child, his parent or guardian” shall be inserted.
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7. After section 8 of the principal Act, the following section shall be inserted, namely:—
Insertion of new
section 8A.
“8A.(1) Every offline verification of an Aadhaar number holder shall be
performed in accordance with the provisions of this section.
Offline
verification of
Aadhaar
number.
(2) Every offline verification-seeking entity shall,—
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(a) before performing offline verification, obtain the consent of an
individual, or in the case of a child, his parent or guardian, in such manner as
may be specified by regulations; and