Introduction: The Employees’ Provident Fund Organization (EPFO), under the Ministry of Labour & Employment, Government of India, has issued a significant circular (No: WSU/2024/1/UIDAI Matter/4090) dated January 16, 2024. The circular announces the removal of Aadhaar from the list of acceptable documents as proof of date of birth (DoB). This decision follows a directive from the Unique Identification Authority of India (UIDAI) as detailed in Circular No. 08 of 2023.
Detailed Analysis:
1. UIDAI’s Directive (Circular No. 08 of 2023):
- The UIDAI has observed that Aadhaar is being considered as proof of DoB by various entities.
- Aadhaar, while a unique identifier, is not recognized as proof of date of birth according to the Aadhaar Act, 2016.
- The UIDAI emphasizes that Aadhaar provides identity verification, not proof of birth.
2. EPFO Circular and Implementation:
- EPFO’s circular, in response to UIDAI’s directive, removes Aadhaar from the list of acceptable documents for correcting the date of birth.
- The circular highlights that Aadhaar’s removal pertains to Table-B of Annexure-1 of the Joint Declaration SOP issued earlier.
- The decision is made with the approval of the Central Provident Fund Commissioner (CPFC).
3. Legal Implications and UIDAI’s Clarifications:
- UIDAI’s circular refers to the Aadhaar Act, 2016, and regulations governing the enrolment and update processes.
- The office memorandum of December 20, 2018, explicitly states that Aadhaar is not proof of date of birth.
- Recent judgments, including the one by the Bombay High Court, reinforce that Aadhaar cannot be considered as proof of birth.
4. Communication to AUAs/KUAs:
- UIDAI’s directive is communicated to all Authentication User Agencies (AUAs) and Know Your Customer User Agencies (KUAs) through Circular No. 08 of 2023.
5. EPFO’s Internal Communication:
- EPFO’s circular is directed to all ACC (Zones), RPFC (Regional offices), and Office in charge of ROs, ensuring widespread implementation.
6. Necessary Modifications:
- Internal System Division (ISD) is directed to make necessary modifications in the application software to align with the updated guidelines.
Conclusion: The removal of Aadhaar as a proof of date of birth by EPFO aligns with the UIDAI’s directive and the legal stance on Aadhaar’s limitations. EPFO members and entities involved in date of birth corrections should be aware of this change. The UIDAI’s emphasis on Aadhaar’s role in identity verification rather than proof of birth has legal backing, reinforcing the need for accurate documentation. This development reflects the evolving landscape of identity verification and underscores the importance of staying compliant with the latest regulatory updates.
EMPLOYEES PROVIDENT FUND ORGANIZATION
MINISTRY OF LABOUR & EMPLOYMENT
GOVERNMENT OF INDIA
Head Office
Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi-110066
No: WSU/2024/1/UIDAI Matter/4090
Date: 16.01.2024
To
All ACC (Zones)
All RPFC (Regional offices) and
Office in charge of ROs
Sub: Removal of Aadhaar from the list of acceptable documents as a Date of Birth Proof-reg
Ref: SOP on Joint Declaration issued vide circular no- WSU/2022/Rationalisation of work areas/Joint Declaration (E-54018)/3638 dated 22/08/2023
Madam/Sir,
Please refer to subject cited above,
2. In this connection, a letter has been received from UIDAI (copy attached), wherein it has been stated that use of Aadhaar, as a proof of DoB needs to be deleted from the list of acceptable documents.
3. Accordingly, the Aadhaar is being removed from the list of acceptable documents for correction in date of birth as mentioned in Table-B of Annexure -1 of the JD SOP under reference.
(This issues with the approval of CPFC)
(Sushant Kandwal)
RPFC-I (WSU)
Copy to:
1. FA and CAO, CVO, Director PDNASS for information please
2. All ACC(HQs) Head office and All ACCs and RPFCs(Head office) for information please.
3. ISD necessary modifications in application software.
F. No. HQ-13065/1/2022-AUTH-I HQ /8075
Unique Identification Authority of India
(Authentication and Verification Division)
UIDAI Headquarter
Bangla Sahib Road, Behind Kali Mandir
Gale Market, New Delhi — 110 001
Dated: 22.12.2023
Circular No. 08 of 2023
Subject: Accepting Aadhaar as a proof of Date of Birth (DoB) — regarding.
It has been observed that AUAs/KUAs are considering and accepting Aadhaar card / e-Aadhaar as one of the acceptable documents for proof of Date of Birth (DoB).
2. In this regard, it is pertinent to mention that, Aadhaar is a unique 12 digit ID issued to a resident after he/she undergoes the enrolment process by submitting his/her demographic and biometric information. Once a resident is assigned an Aadhaar number, it can he used to authenticate the resident through various modes as prescribed under Aadhaar Act, 2016 and Regulations framed there under.
3. At the time of enrolment/updation, UIDAI records DoB as claimed by the resident, on the basis of the documents submitted by them, as specified under the list of supporting documents for Aadhaar enrolment, provided on the UIDAI website (https://uidai.gov.in/images/commdoc/26 JAN 2023 Aadhaar List of documents English.pdf). Further, it is to be noted that Regulations 10(4) and 19A of the Aadhaar (Enrolment and Update) Regulations, 2016, mention that verification of the enrolment and update data shall be performed as provided in Schedule III.
4. In this regard, attention is drawn towards Office Memorandum dated 20.12.2018 issued by MeitY through UIDAI, wherein it has been stated that “An Aadhaar number can he used for establishing identity of an individual subject to authentication and thereby, per .ce its not a proof of dale of birth” (copy enclosed).
5. This aspect of the Aadhaar Act, 2016 has been reiterated/highlighted/stressed upon by different High Courts in recent judgments. The most recent one is given by the Hon’ble High Court of Bombay, in the case of State of Maharashtra V/s Unique Identification Authority of India And Ors. dated 28.07.2023 (copy enclosed).
6. In view of the above, it is required that use of Aadhaar, as a proof of DoB needs to be deleted from the list of acceptable documents.
7. This issues with the approval of the Competent Authority.
Encl.: As above.
(Sanjeev Yadav)
Director
Tel: 011-23478609
Email: [email protected]
To:
All AUAs/KUAs
Copy to,
All UIDAI Regional Offices (ROs)
