Banks-Telecom cos seeding Aadhaar overriding existing bank account. UIDAI directs banks/NPCI to disable override feature unless holders consent is obtained
Complaints of Seeding Aadhaar overriding existing bank account
UNIQUE IDENTIFICATION AUTHORITY OF INDIA
Notification No. 13012/79/2017/Legal-UIDAI (No. 6 of 2017)
New Delhi, the 19th December, 2017
In exercise of the powers conferred by Section 23 (2)(h) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the Unique Identification Authority of India hereby issues the following notification regarding “Process for placing and overriding bank accounts on Aadhaar Payment Bridge–National Payments Corporation of India (NPCI) Mapper”:—
1. Whereas various complaints are being received from the Aadhaar holders that their subsidy particularly of LPG gas (PAHAL) has not been credited in their designated bank account. As per the Supreme Court Judgment dated 6th February, 2017 in Lokniti Foundation case (W.P. (Civil) No. 607/2016), the Department of Telecom has issued instructions to Telecom Operators to verify each mobile number with Aadhaar. There have been complaints that, when an Aadhaar holder visits the telecom service provider for verifying his mobile number with Aadhaar, Airtel is opening his payment bank account and putting that bank account on NPCI’s APB mapper overriding the existing bank account mapping without the informed consent of the Aadhaar holder.
2. And Whereas similar problem is being encountered by the Aadhaar holders, when they are verifying their bank accounts with Aadhaar in compliance of PML Rules. Many banks are seeding Aadhaar on NPCI APB mapper overriding existing bank account mapping without informed consents of the residents. As a result, the subsidy from the Government under various schemes are getting credited in the new/ latest bank account on Aadhaar payment Bridge mapper without knowledge and informed consent of the beneficiary. As per the extant instructions, every bank has to obtain express consent of the individual before putting his bank account on the mapper. Non-compliance of these instructions at the ground level is leading to aforesaid complaints and inconvenience to account holders.
3. And Whereas due to the above, people particularly in rural and remote areas are being put to inconvenience as they are clueless about receipt of subsidy and also unable to withdraw the subsidy amount credited in payment bank accounts as payment banks are not having branches or cash out points in sufficient number in these areas.
4. Therefore, the UIDAI, in accordance with Sub sections (2) & (3) of both Sections 8 and 29 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 “Aadhaar Act 2016”, Regulation 6 and 17 of Aadhaar (Authentication) Regulations, 2016, and Regulations 4, 5 and 6 of Aadhaar (Sharing of Information) Regulations, 2016 and to avoid further inconveniences to Aadhaar holders and to ensure that the Aadhaar collected for a purpose is not used for any other purpose without informed consent of the Aadhaar holders, hereby directs banks and NPCI as below:—
4.1. NPCI shall allow override request pertaining to an Aadhaar holder only if it is accompanied by the name of his current bank on the APB mapper and confirmation from the requesting bank that it has obtained the requisite consent of the Aadhaar holder for switching to the requesting bank on the mapper.
4.2. Till above is implemented, NPCI shall disable the override feature on the APB mapper immediately.
4.3. Banks shall send request for mapping of a new account or overriding an existing bank account to NPCI only after taking explicit informed consent of their customers.
4.4. Banks shall inform each account holder through sms and email within 24 hours that a request has been sent to NPCI to put his bank account on the mapper or, as the case may be, to change his bank account on the NPCI mapper (providing the name of current bank on the mapper and the last four digits of the account number of the new bank alongwith the bank name) and in case he does not want to put his new bank account on the mapper, then the customer should be provided a methodology to reverse this mapping.
4.5. If a customer does not have email or mobile number and communication as per para 4.4 cannot be sent, then his physical signature on a paper consent form should be obtained prior to sending the request to NPCI mapper.
4.6. The records of consents obtained in Para 4.3 and the communications made in Para 4.1, 4.3, and 4.4 and scanned copy of the consent form in Para 4.5. shall be retained for 7 years by the banks as per the UIDAI Regulations.
4.7. Banks and NPCI shall make available the aforesaid records at the time of audit as per the provisions of Aadhaar (Authentication) Regulations, 2016.
5. Any violation of these directions shall amount to violation of Sections 37, 40, 41, 42, and 43 of the Aadhaar Act, 2016 and Regulations framed thereunder and other applicable laws of India.
Dr. AJAY BHUSHAN PANDEY, Chief Executive Officer,
UIDAI [ADVT.-III/4/Exty./346/17]
