Introduction:
Introduce the recent circular issued by the Employees’ Provident Fund Organization (EPFO) and the corresponding directive from the Unique Identification Authority of India (UIDAI). Highlight the significance of this decision in the context of identity verification and the legal landscape.This information sheds light on an important change regarding the acceptance of Aadhaar as proof of date of birth.
The key points of the analysis are:
UIDAI’s Directive (Circular No. 08 of 2023):
- Aadhaar is not recognized as proof of date of birth according to the Aadhaar Act, 2016.
- UIDAI emphasizes that Aadhaar provides identity verification, not proof of birth.
EPFO Circular and Implementation:
EPFO, in response to UIDAI’s directive, removes Aadhaar from the list of acceptable documents for correcting the date of birth. The decision is reflected in Table-B of Annexure-1 of the Joint Declaration SOP issued earlier. The circular is approved by the Central Provident Fund Commissioner (CPFC).
Legal Implications and UIDAI’s Clarifications:
The UIDAI’s circular refers to the Aadhaar Act, 2016, and regulations governing enrolment and update processes. The Aadhaar Act and an office memorandum from December 20, 2018, explicitly state that Aadhaar is not proof of date of birth.Recent judgments, including one from the Bombay High Court, reinforce that Aadhaar cannot be considered as proof of birth.
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. EPFO’s circular is directed to all ACC (Zones), RPFC (Regional offices), and Office in charge of ROs for widespread implementation.
Necessary Modifications:
The 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 proof of date of birth by EPFO aligns with UIDAI’s directive and the legal stance on Aadhaar’s limitations. This change emphasizes the role of Aadhaar in identity verification rather than proof of birth, and it highlights the importance of accurate documentation in the context of identity verification. Entities involved in date of birth corrections within EPFO should be aware of and adhere to these changes to stay compliant with the latest regulatory updates.This information provides a comprehensive overview of the situation and its implications for EPFO members and other stakeholders.
Circular Download :-
