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Core Purpose

Notification by the Ministry of Labour and Employment, issued under Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, mandating Aadhaar authentication or proof of Aadhaar enrolment as a condition for unorganised workers to receive ex gratia accident benefits under the National Database of Unorganised Workers (NDUW)/eShram Scheme.

Detailed Summary

The Ministry of Labour and Employment issued Notification S.O. 157(E) dated 11th January 2024 (F. No. M-16018/22/2023-SS-III), signed by Amit Nirmal, Deputy Director General, under Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016), requiring individuals seeking ex gratia benefits under the National Database of Unorganised Workers (NDUW)/eShram Scheme, implemented through the National Informatics Centre and Common Service Centres, to furnish proof of Aadhaar or undergo Aadhaar authentication; the notification applies to unorganised workers who registered under the Scheme between 26th August 2021 and 31st March 2022 and suffered an accident during that period, entitling them to Rs. 2,00,000 for accidental death or total irrecoverable disability and Rs. 1,00,000 for partial irrecoverable disability; it specifies alternative identity documents (e.g. Bank/Post Office Passbook, PAN Card, Passport, Ration Card, Voter ID, MGNREGA card, Kisan Photo passbook, Driving Licence, Gazetted Officer certificate) usable pending Aadhaar enrolment, requires the Ministry to provide Aadhaar enrolment facilities per Regulation 12 of the Aadhaar (Enrolment and Update) Regulations, 2016, prescribes remedial authentication mechanisms (iris scan, face authentication, OTP/TOTP, QR code verification) for failed biometric authentication, and directs adherence to the exception-handling mechanism in Cabinet Secretariat Office Memorandum No. D-26011/04/2017-DBT dated 19th December 2017; the notification takes effect from the date of publication in the Official Gazette across all States and Union Territories.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-13012024-251328 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 150] NEW DELHI, FRIDAY, JANUARY 12, 2024/PAUSHA 22, 1945 MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 11th January, 2024 S.O. 157(E).-Whereas, the use of Aadhaar as an identity document for delivery of services or benefits or subsidies simplifies the Government delivery processes, brings in transparency and efficiency, and enables beneficiaries to get their entitlements directly in a convenient and seamless manner by obviating the need to produce multiple documents to prove one's identity; And whereas, the Ministry of Labour and Employment (Ministry), is administering National Database of Unorganised Workers (NDUW) (eShram) (Scheme) to provide registration facility to all unorganised workers along with ex gratia benefit to registered unorganised workers, which is being implemented through National Informatics Centre and Common Service Centres (Implementing Agency); And whereas, unorganised workers (beneficiaries) who registered their names under the Scheme between the period from 26th August 2021 and 31st March 2022 and met with an accident during the said period shall be entitled for rupees two lakh in case of accidental death or total irrecoverable disability and rupees one lakh in case of partial irrecoverable disability (benefits), as per the extant scheme guidelines. And whereas, the Scheme involves recurring expenditure incurred from the Consolidated Fund of India; Now, therefore, in pursuance of section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) (hereinafter referred to as the said Act), the Central Government hereby notifies the following, namely:- 1. (1) An individual eligible for receiving the benefits under the Scheme shall hereby be required to furnish proof of possession of the Aadhaar number or undergo Aadhaar authentication. (2) Any individual desirous of availing benefits under the Scheme, who does not possess the Aadhaar number or, has not yet enrolled for Aadhaar, shall be required to make application for Aadhaar enrolment before registering for the Scheme provided that he is entitled to obtain Aadhaar as per section 3 of the said Act, and such individual shall visit any Aadhaar enrolment centre (list available at the Unique Identification Authority of India website www.uidai.gov.in) to get enrolled for Aadhaar. (3) as per the regulation 12 of the Aadhaar (Enrolment and Update) Regulations, 2016, the Ministry through its Implementing Agency, is required to offer Aadhaar enrolment facilities for the beneficiaries who are not yet enrolled for Aadhaar and in case there is no Aadhaar enrolment centre located in the respective Block or Taluka or Tehsil, the Ministry through its Implementing Agency shall provide Aadhaar enrolment facilities at convenient locations in coordination with the existing Registrars of Unique Identification Authority of India or by becoming a Unique Identification Authority of India Registrar themselves: Provided that till the time Aadhaar is assigned to the individual, benefits under the Scheme shall be given to such individual, subject to the production of the following documents, namely:- (a) if he has enrolled, his Aadhaar Enrolment Identification slip; and (b) any one of the following documents, namely: - (i) Bank or Post office Passbook with Photo; or (ii) Permanent Account Number Card; or (iii) Passport; or (iv) Ration Card; or (v) Voter Identity Card; or (vi) Mahatma Gandhi National Rural Employment Guarantee Act card; or (vii) Kisan Photo passbook; or (viii) Driving license issued by the Licensing Authority under the Motor Vehicles Act, 1988 (59 of 1988); or (ix) Certificate of identity having photo of such person issued by a Gazetted Officer or a Tehsildar on an official letter head; or (x) any other document as specified by the Ministry: Provided further that the above documents may be checked by an officer specifically designated by the Ministry for that purpose. 2. In order to provide benefits to the beneficiaries under the Scheme conveniently, the Ministry through its Implementing Agency shall make all the required arrangements to ensure that wide publicity through the media shall be given to the beneficiaries to make them aware of the requirement of Aadhaar under the Scheme. 3. In all cases, where Aadhaar authentication fails due to poor biometrics of the beneficiaries or due to any other reason, the following remedial mechanisms shall be adopted, namely:- (a) in case of poor fingerprint quality, iris scan or face authentication facility shall be adopted for authentication, and the Ministry through its Implementing Agency shall make provisions for iris scanners or face authentication along with finger-print authentication for delivery of benefits in seamless manner; (b) in case the biometric authentication through fingerprints or iris scan or face authentication is not successful, wherever feasible and admissible authentication by Aadhaar One Time Password or Time-based One-Time Password with limited time validity, as the case may be, shall be offered; (c) in all other cases where biometric or Aadhaar One Time Password or Time-based One-Time Password authentication is not possible, benefits under the Scheme may be given on the basis of physical Aadhaar letter whose authenticity can be verified through the Quick Response code printed on the Aadhaar letter and the necessary arrangement of Quick Response code reader shall be provided at convenient locations by the Ministry through its Implementing Agency. 4. In order to ensure that no bonafide beneficiary under the Scheme is deprived of his due benefits, the Ministry through its Implementing Agency shall follow the exception handling mechanism as specified in the Office Memorandum of Direct Benefit Transfer Mission, Cabinet Secretariat, Government of India No. D-26011/04/2017- DBT, dated the 19th December 2017 (available on https://dbtbharat.gov.in/). 5. This notification shall come into effect from the date of its publication in the Official Gazette in all the States and Union territories. [F. No. M-16018/22/2023-SS-III] AMIT NIRMAL, Dy. Director General

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