12402 - SC to hear NRI plea for relief from Aadhaar-bank link - The Hindu

SC to hear NRI plea for relief from Aadhaar-bank link

Krishnadas Rajagopal

NOVEMBER 17, 2017 21:32 IST

UPDATED: NOVEMBER 17, 2017 22:49 IST

Aadhaar and cash transfers

Constitution Bench to hear appeal

The Supreme Court on Friday gave liberty to a UAE-based professional to approach the Bench, expected to be set up shortly to hear the various petitions challenging the Aadhaar scheme, with his plea to exempt Non-Resident Indians from linking their bank accounts with Aadhaar.

A bench led by Justice A.K. Sikri took note of the plea by Femin Panikkassery Subramaniyan, a native of Kerala, since the law allows only resident Indians to enrol for Aadhaar. There is no provision in the Aadhaar Act on NRIs.

Mr. Subramaniyan, represented by advocate Shinoj K.N., referred to provisions in Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017 to submit that non-linking would lead to indefinite blocking of his bank accounts and he would be robbed of his hard-earned money for no fault of his. “As the things stand today a person residing in India alone can get enrolled for Aadhaar,” the petition said.

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 defines ‘resident’ as an individual “who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment”.

“Thus the Aadhaar Act as it stands today does not permit Aadhaar enrolment of an NRI, PIO or any other class of Indian expatriates. The present amendment has created untold miseries to the millions of expatriates including the petitioner. His financial base has been wrecked owing to the whims or vagaries of some Thuglakian administrators,” the petition said.

Remittances to India stood at $72 billion in 2015, accounting for over 4% of the country’s GDP, it said.

Meanwhile, the same Bench allowed former Kerala Minister Binoy Viswam to withdraw his petition challenging the mandatory linking of Aadhaar to file income tax returns. Mr. Viswam was, however, given liberty to approach the Constitution Bench, which will hear the various petitions challenging the Aadhaar scheme.

10954 - Indian expats ‘not eligible for Aadhaar IDs’ - Gulf News

Indian expats ‘not eligible for Aadhaar IDs’

It is responsibility of government departments to exempt NRIs from Aadhaar ambit, top official says

Dr Ajay Bhushan Pandey

Published: 19:45 March 29, 2017

Binsal Abdul Kader, Senior Reporter

Abu Dhabi: Millions of Non-Resident Indians (NRIs) living across the world do not need to bother about their Aadhaar identity card as it is not applicable to them, a top Indian official told Gulf News on Wednesday.

“According to Aadhar Act, only residents of India are entitled to get an Aadhaar number. NRIs cannot get an Aadhaar because they are not entitled to get it,” Dr Ajay Bhushan Pandey, CEO, Unique Identification Authority of India (UIDAI), said in a telephone interview from New Delhi on Wednesday.

The authority is responsible for the processes of enrolment and authentication of data for India’s unique identification system — Aadhaar — and maintaining India’s Central Identities Data Repository.

Pandey was referring to Section 3.1 of the Aadhaar Act 2016, which says that only a resident shall be entitled to obtain an Aadhaar number.

Although the act does not specifically and explicitly exempt NRIs from the enrolment, the official was referring to the fact that an Indian would be treated as non-resident if he or she did not stay for at least 182 days in India in the preceding year as per other relevant laws, including Income Tax Act. As the Aadhaar act or any government notifications or orders never specifically exempted NRIs from Aadhaar enrolment, there was a widespread impression that NRIs also had to get the card.

As Gulf News reported on Wednesday, Indian expatriates in the UAE had expressed their concerns about the latest move by the Indian government to make Aadhaar card mandatory for accessing several services and transactions. When Gulf News took up these concerns with the Indian embassy in Abu Dhabi and the Indian ministry of external affairs in New Delhi, they said they were awaiting clarifications from New Delhi in this regard.

Dr Pandey explained that the authority was not supposed to issue Aadhaar card to NRIs. “They [NRIs] cannot get a [Aadhar card].”

While applying for Aadhaar card, he explained, Indians have to make a declaration in the application stating that he/she is a resident (not an NRI).

The declaration reads: “I confirm that I have been residing in India for at least 182 days in the preceding 12 months.”

However, when it was pointed out that NRIs have already obtained the card, Dr Pandey said: “The legal position is that they were not supposed to apply for the card. [Moreover] they have given a declaration that they have stayed in India for 182 days [in the preceding year].”

Asked whether Indian expatriates would face any legal action for “illegally obtaining the card”, he said : “I am not sure. But technically there is a violation; they should not have taken it,” Dr Pandey said.

Pressed for an answer on whether the authority would initiative any legal action, he said: “I will have to see on what circumstances NRIs obtained the card.”

Asked whether those NRIs should cancel their cards to be on the safe side of the law, he said there was no provision to cancel Aadhar card. “Once generated, Aadhar number will exist forever.”

The CEO made it clear that NRIs need not worry about access being denied to government services for not having Aadhar card. It is the responsibility of the relevant departments to give exemption to NRIs in this regard, he added.

The departments can get a declaration from the NRI that, being an NRI, he or she is not eligible for Aadhar card.

10151 - NRIs can now join National Pension Savings online with PAN or Aadhaar - Economic Times

NRIs can now join National Pension Savings online with PAN or Aadhaar

By PTI | Jun 17, 2016, 07.16 PM IST

"NRIs can now open NPS Accounts online if they have Aadhaar Card or PAN card," the Finance Ministry said in a statement.

NEW DELHI: The Finance Ministry today said non resident indians (NRIs) can now open National Pension Savings (NPS) accounts online if they have Aadhaar Card or PAN card. 

"NRIs can now open NPS Accounts online if they have Aadhaar Card or PAN card," the Finance Ministry said in a statement. 

Till now, NRIs could open NPS accounts only through paper applications by approaching Bank offices. 

"Through eNPS, a subscriber will be able to open an NPS account from the comfort of his home. All he will need is an internet connection and an Aadhaar/ PanCard," the statement added. 

Further, the statement said NRIs will be able to open NPS accounts both on repatriable and on non-repatriable basis. 

"On a repatriable basis, an NRI will have to remit the amount through his/her NRE/FCNR/NRO account. 

"For Non-Repatriable scheme, NRIs will be able to join NPS through their NRE/FCNR/NRO accounts at the time of maturity or during partial withdrawal, the NPS funds would be deposited only in their NRO accounts," it pointed out. 

The Finance Ministry expressed hope that both repatriable and non-repatriable schemes will greatly appeal to NRIs who intend to return to India after their employment abroad, in view of their attractive returns, low cost, flexibility and their being regulated by the PFRDA, a Regulator established by the Central Government. 

India has the second-largest diaspora in the world, with around 29 million people living in over 200 countries and out of these 25 per cent live in the Gulf countries. 

Most of the Indians going to the gulf and some other countries go for employment and return to India after having worked abroad for a certain period. 

"NPS can provide a long-term solution to their old age income security," the statement said.

8460 - Government Working on Policy to Allow Aadhaar Enrolment of Indians Abroad - NDTV

Government Working on Policy to Allow Aadhaar Enrolment of Indians Abroad

Diaspora | Press Trust of India | Updated: August 07, 2015 21:24 IST

As per the official sources, UIDAI is working on the policy for Aadhaar enrolment of NRIs, PIOs and OCIs after receiving a direction from the government on the issue.

NEW DELHI:  The Government has decided that Aadhaar enrolment of Non-Resident Indians (NRIs), Persons of Indian Origin (PIO) and Overseas Citizen of India (OCI) should be eventually allowed to help them authenticate their identity digitally, Parliament was informed today.

In a written reply, the union minister for planning, Rao Inderjit Singh said, "The government has decided that a longer term goal should be to expand Aadhaar enrolment activities in order to ensure that all persons on the Indian soil (Resident Indian, NRIs, OCI/PIO and visa holding visitors) shall be empowered with a unique identity/identifier that can authenticated on a digital platform any time anywhere."

At present all residents including Indian national and foreigners with valid visas can be enrolled and provided Aadhaar number by the UIDAI. Under the Aadhaar project, the Unique Identification Authority of India (UIDAI) is providing a unique identity numbers to residents, which can be verified digitally using the database.

As per the official sources, UIDAI is working on the policy for Aadhaar enrolment of NRIs, PIOs and OCIs after receiving a direction from the government on the issue. However the minister said in its reply that no timeframe has been formulated at this stage for achieving the goal.

The Aadhaar number helps in availing various services and benefits provided by the government. It is also a valid know your customers (KYC) document for various services including banking, telecom, cooking gas subsidy, vehicle registration driving license, government scholarships, pension and public distribution system.

The UIDAI was set up in January 2009 to issue Aadhaar numbers. It has generated 89.43 Aadhaar numbers so far as per the information provided on UIDAI's website.

Story First Published: August 07, 2015 21:19 IST

8450 - Government to allow Aadhaar enrolments of NRIs, PIOs, OICs - Economic Times

Government to allow Aadhaar enrolments of NRIs, PIOs, OICs

By PTI | 7 Aug, 2015, 03.44PM IST

At present, all residents including Indian national and foreigners with valid visas, can be enrolled and provided Aadhaar number by the UIDAI. 

NEW DELHI: Government has decided that Aadhaar enrolment of Non-Resident Indians, Persons of Indian Origin and Overseas Citizen of India should be eventually allowed to help them authenticate their identity digitally, Parliament was informed today. 

"The government has decided that a longer term goal should be to expand Aadhaar enrolment activities in order to ensure that all persons on the Indian soil (Resident Indian, NRIs, OCI/PIO and visa holding visitors) shall be empowered with a unique identity/identifier that can authenticated on a digital platform any time anywhere," Planning Minister Rao Inderjit Singh said in written reply to Lok Sabha. 

At present all residents including Indian national and foreigners with valid visas can be enrolled and provided Aadhaar number by the UIDAI. 

Under the Aadhaar project, the Unique Identification Authority of India (UIDAI) is providing a unique identity numbers to residents, which can be digitally verified using the database. 

As per the official sources, UIDAI is working on the policy for Aadhaar enrolment of NRIs, PIOs and OICs after receiving a direction from the government on the issue. 

However the minister said in its reply that no timeframe has been formulated at this stage for achieving the goal. 

The Aadhaar number helps in availing various services and benefits provided by the government. 

It is a valid know your customers (KYC) document for various services including banking, telecom, cooking gas subsidy, vehicle registration driving licence, government scholarships, pension and public distribution system. 

The UIDAI was set up in January 2009 to issue Aadhaar numbers. It has generated 89.43 Aadhaar numbers so far as per the information provided on UIDAI's website. 

Read more at:

http://economictimes.indiatimes.com/articleshow/48390728.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

7714 - How to get Aadhar Card for NRIs/Foreigners- Application Procedure

How to get Aadhar Card for NRIs/Foreigners- Application Proceedure

Apr 1, 2015

Procedure to Apply for Aadhar Card for NRI’s & Foreigners, how to get UID Aadhaar Card if your are living out of India? 

UIDAI allots every individual resident a twelve digit code (UID) which is unique, it can be redundant or duplicated. Due to the advantages AADHAAR card has emerged as the National Identity document. It is accepted all over the country as a genuine Identity proof. Initially the plan was to allot these AADHAR card to native residents only, but later government decided to provide this facilities to NRIs and Foreigners also.

Today the share of foreign investments in the country is increasing day by day, many foreigners are coming to India for professional purpose and they are contributing in the growth and development of the nation. Keeping this fact in mind, The Indian government have introduced new provisions, NITI Aayog ( Planning Commission) is now providing AADHAAR card facility to the Foreigners and Non Resident Indians (NRIs) also, who are presently living in India, regardless of their citizenship.

As per the provisions, any individual (citizen, NRI or Foreigner), who is currently residing in India is eligible for AADHAAR card. 

The person, who wants to apply for ADHAAR card, have to follow the prescribed application procedures. They have to provide their Bio-metric, demographic and other important information, at the time of registration. Although the children below 3 years don’t need to give the bio-metric information, their AADHAAR card is prepared on the base of proof/ information provided by their parents.

The Aadhar Card application procedure for NRIs and Foreigners are more or less same as that for the Indian citizens. If any NRI or non-resident is interested in applying for the AADHAR card, they can visit his/her nearest UIDAI centre. The applicant have to physically present at the registration centre at the time of registration.

How a NRI Can Apply for Aadhar Card-

First of all the applicants have to get the application form for Aadhar card for NRI/ foreigner category , they can get it online or from any of the UIDAI centre. The next step is to provide the documents of their Identity proof and Address proof. NRI/ Foreigner can give copy of Green Card or Passport, they also need to give the Identity proof issued and attested by the organization, where they are currently working.

List of Documents required

ID Proofs: 

• Green Card
• Passport
• ID card issued by the Government
• ID card issued by current employer organization

Proof of date of birth:

• Birth certificate by recognized authority
• Educational Certificate containing DoB

Address Proof:

• Passport
• Current address attested by the employer organization

Steps required to follow to Get Aadhar Card being NRI

Once the Xerox copies of required documents are submitted, the UIDAI verifies the documents for its genuineness. The NRI candidates have to show the original documents for cross verification. After the documents are verified, applicants are called for collecting the Bio-metric information, in which their Finger print and Iris is scanned and kept in the database of that individual. In the end, the photograph is taken. after which, the registration process at applicants’ end is completed.

After the verification, the applicants will receive their AADHAR card for NRI category by post within 3-4 months on the registered postal address.  They can check the status of their AADHAR card online.

2655 - NRIs in UAE face another National ID card...

NRIs in UAE face another National ID card...

India's Aadhar project to issue unique ID number linked to demographic, biometric info

• By VM Sathish
• Published Wednesday, July 11, 2012

While most Indian expatriates in the UAE have obtained their UAE national identity cards, they are confused about how expatriates can get themselves enrolled in a similar national ID project back home.

Under the chairmanship of Nandan Nilekani, former Infosys CEO, the Unique Identification Authority of India plans to enroll the country’s 1.2 billion people to enable them to obtain the ‘Aadhar’ card with which will help them to avail of many government services.

NRIs are also worried about their inclusion in the Aadhar scheme because they fear that once included the Indian government plans to bring them under the tax net.

The Aadhar project aims to issue every Indian resident a unique identification number linked to the resident's demographic and biometric information.

The card holders can use the Aadhar card to identify themselves anywhere in India and to obtain  government services. The number (referred to until now as the 'UID') has been named ‘Aadhar’, which translates as 'foundation', or 'support'. While families of expatriates who live in India are getting enrolled for the Aadhaar cards, the status of non-resident Indians is still not clear.

Indian Ambassador to the UAE  M K Lokesh said there is no need to worry as NRIs are yet to be covered under the Aadhar system.

“The national id project is going ahead smoothly in India. The authority has already registered 200 million people. Nandan Nilankani told me recently that every month they are enrolling two million people in the Aadhar scheme.  Despite criticism from various corners about waste of money, the Aadhar project is going ahead. Iris cameras, fingerprint scanners, face camera and other certified biometric devices are used in the process. This will be one identity card which will open the gateway to many government services.

“NRIs are not yet covered in the scheme. The first priority seems to be residents of India. Once the registration of all resident Indians is completed, the new card system will improve and strengthen the Internal Affairs Department. Family members of NRIs who are already living in India will be included in the Adhaar national identity scheme,” Lokesh said.

However, non-resident Indians are confused and concerned about thelack of clarity on the issue.

Madhura D, who is looking to change her residential address on her passport at the timeof renewal, said: “I have a ration card with my Mumbai address on it, but I was told that it is not a valid document for making address changes. One of the documents I was told was an ‘Aadhaar’ card. Unfortunately, I am not aware whether we can apply for one here in Dubai.”

According to the Unique Identification Authority, Aadhaar is a 12-digit individual identification number which will serve as a proof of identity and address anywhere in the country. Any individual, irrespective of age and gender, who is a resident in India and satisfies the verification process laid down by the UIDAI, can enroll for Aadhar. Each individual needs to enroll only once which is free of cost. Each Aadhaar number will be unique to an individual and will remain valid for life. While the Aadhar number is not for a family but for individuals, the status of NRIs is still not clear.

“Recently there was a move to include NRIs in the tax net. They started a scheme to impose a tax on the service charge paid to remit money to India. This scheme has been temporarily put on hold but I don’t know whether these identity proofs will be used or misused by Indian tax authorities,” said Jaleel, an Indian national.

The Aadhaar number will help the holder by giving him access to services like banking, mobile phone connections and other government and non-government services in due course. Indian authorities feel that by using Aadhar cards, fake and duplicate identification can be eliminated and it will ensure more internal security because it will contain demographic and biometric data about the card holder to establish his or her identity. People can approach enrolment agencies located throughout India with proof of identity and residency.

Common proofs of identity and address are election photo ID card, ration card, passport and driving licence. Photo ID cards like PAN card and government ID cards are permissible for identity proof. Documents for proof of address include water, electricity and telephone bills for the past three months.\

2196 - NRIs to get UID cards too - Asian Age

 Jan 10, 2012 - P.T. Thufail | Dc | Jaipur

The Union Government has in principle approved a proposal to provide Unique Identification (UID) cards to overseas Indians.

Kerala Chief Minister Oommen Chandy, who was here at the Tenth Pravasi Bharatiya Divas (PBD), said that the Centre had approved the state’s proposal to include NRIs under the beneficiaries of the UID scheme.

“NRIs should get their full rights as citizens of India. After giving them the voting rights, UID cards would be a major step by the government to make them equal to any other Indian citizen,” Mr. Chandy said.

Chandy also said that the proposal for NRI voting rights was first raised by his state.

Addressing a PBD session on Kerala, Mr. Chandy also appreciated the Non-resident Indian voters from his state who turned up in polling booths in large numbers in the last assembly election in the state.