RBI clarifies that linking Aadhaar to bank accounts is mandatory

Clearing the air on media reports that suggested the linking of Aadhaar to bank accounts was not mandatory, the central bank today clarified that such a linkage was mandatory under government laws.

"The Reserve Bank clarifies that, in applicable cases, linkage of Aadhaar number to bank account is mandatory under the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017 published in the Official Gazette on June 1, 2017," RBI said in a statement on its website.

"These rules have statutory force and, as such, banks have to implement them without awaiting further instructions," RBI added.

This comes in light of a report in news portal Moneylife, which, based on the Reserve Bank's reply to its Right to Information query, said that the central bank had not mandated linking of the unique 12-digit biometric identity Aadhaar number to bank accounts.

The RBI's clarification thus points to the central government's Gazette Notification GSR 538(E) dated June 1, 2017 under the Prevention of Money laundering (Maintenance of Records) Second Amendment Rules, 2017, mandates every individual "who is eligible to enroll for an Aadhaar number" to submit it, along with a PAN card, to the reporting authority.

"Provided that where an Aadhaar number has not been assigned to a client, the client shall furnish proof of application of enrolment for Aadhaar and in case the Permanent Account Number is not submitted, one certified copy of an 'officially valid document' shall be submitted," the rules say.

Every person who has been allotted PAN as on the 1st day of July shall intimate his Aadhaar number to the tax authorities, a notification from revenue department had said in the June notification.

It had added, "The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India (CFI), require that such individual undergo authentication, or furnish proof of possession of Aadhaar number..."

This would cover central government schemes and services like MNREGA or issuance of passports. The deadline to do so is December 31.

Earlier, the Centre had made it mandatory for more than 50 centrally-sponsored schemes, even as the Supreme Court restricted usage of Aadhaar for six other schemes where the Centre is providing benefits or subsidy to individuals.

Experts have questioned the legality of the action and have moved the apex court alleging contempt of its orders.

The Supreme Court is expected to hear several linked cases on Aadhaar in November.