Can I Refuse to Link Aadhaar with UAN Despite Government Mandates? Seeking Advice from Seniors

Dear Respected members of this community,

I have a question, and hopefully, it's valid, and I will receive some genuine answers from the senior members of this community. I have a UAN number which is not linked to Aadhaar. I know there are some facilities I'm deprived of due to non-linking of Aadhaar. But my query is different.

Mandatory Aadhaar Linking and Opting Out

Suppose the sub judice matter of the mandatory Aadhaar linking decision goes in favor of the GOI, and Aadhaar becomes mandatory to be linked with UAN. Can I take a stance that I'll not link it? Because as per the Aadhaar Act of 2016, since the GOI is giving 1.16% of my basic from their consolidated fund, they are supposed to ask me to link my Aadhaar. But what if I don't want that money from the GOI? Can I opt out of linking Aadhaar? I know when I became a member of EPF, automatically I became a member of EPS, and Aadhaar linking is mandatory for EPS. But like any other subsidy or welfare schemes in this country, I should have the choice to opt-in or out of it. I can claim LPG subsidy, I can opt out of it, why can't I opt out of that 1.16% of government money? I can't opt out of it, and therefore I have to share my Aadhaar, isn't it forceful submission? Shouldn't I have a choice?

I'm telling again that I very well know the facilities that come along with the linking, so please don't tell me about the facilities. My only concern is related to this forceful submission. I would like to hear some genuine understandings from the senior members.

Dear Friend,

You have not given any strong reason for not linking Aadhaar with UAN. The linking is mandatory, irrespective of any reason; you do not have a choice. So go with it.

Warm Regards,

Bharat Gera
HR Consultant
9322404765

Apart from the EPS Scheme, there are numerous members who have 2-3 UANs activated for the company they are joining. Hence, to avoid duplication, the Government of India has initiated this drive wherein the members will be required to have only one UAN until they retire. I hope this clarifies your query. In addition, if you do not link your Aadhar, you may be deprived of withdrawing the EPF amount in the near future.

Right to Privacy and Aadhaar Linking

Isn't it right to be left alone under the right to privacy? Why should I have a reason? I don't need to give any justification to the government as to why I don't want to link my Aadhaar with my UAN. The Government of India is saying that to be part of welfare schemes, I have to provide my Aadhaar number. If I don't want to be part of a welfare scheme, why should I give my Aadhaar? I have the right to be left alone now. Just because everybody is doing something doesn't mean I have to do it too.

Concerns About Government Mandates

I completely understand that in the future, I may face hurdles in terms of withdrawing my EPF amount if I don't link it now. But that means I have a choice. My only concern is that the government can't force me if I don't want to. I know it's for the greater good, but I don't want subsidies, I don't want government money to be deposited in my EPF account. I don't want to be part of these welfare schemes, so why is the government forcing me to link my Aadhaar with the UAN? There are various ways to find duplicate UANs - adding a PAN card or bank account may ensure that no one has more than one UAN. While everybody may have more than one bank account, all accounts are linked to PAN. This way, the system can periodically check and ensure that nobody has more than one UAN.

Query on Aadhaar and Government Schemes

I have not linked my Aadhaar yet because my organization has not asked for it. My query is, when I don't want something from you, why are you forcing me to provide something that is required to get it? When I don't want that 1.16% of government money, why is the government forcing me to provide my Aadhaar, which is needed to access that money?

I hope my query is clearer now.

Yes, I know this is not the forum, and I'm sorry for making this point here. However, let me tell you that the right to employment is another right that I enjoy as an Indian citizen. But when I don't want my name to be included in a welfare scheme, then the government can't force me to be a part of that scheme. I earn nearly a lakh rupees per month, so I'm not from the poorer section of this society. The only fault that I made was I joined EPF when I started my career early on without knowing its future hidden implications (that I cannot opt out of it ever).

Government's EPF Contribution and Aadhar Linking

Now, the Government of India is providing me with some token amount to my EPF account every month, and for that, I have to submit my Aadhar. My only question was, isn't it forceful submission? I know 120 crores Aadhar cards have already been generated, and I also possess an Aadhar since 2010. I linked my PAN card with Aadhar in order to file ITR. I linked it with all my bank accounts, but why should I link it with UAN when I don't want the government to credit some meagre amount to my EPF account every month?

Lack of Choice in EPFO Scheme

In any social welfare scheme, there is a provision that if you want this, you have to give Aadhar, but in the case of EPFO, it's weird. I don't have a choice; I am forcefully a member of EPF now, I'm forcefully supposed to take a certain amount from the government, and eventually, I'm supposed to link my Aadhar. I'm not fussing about it out of some trifles. I'm not understanding two things that everyone in this community who has participated in this discussion so far has come up with.

1. Everybody is doing it, so I have to do it (at least that's the tone).
2. I have become a member of EPF, so even if I don't want government welfare, I have to take it forcefully, and for that, I have to give my Aadhar.

Right to Choose in a Democratic Country

This is my argument. Don't I have a choice on this? Can't I have a choice? Is it too much I'm asking? In a democratic country like India, I should have the right to ask why. And that's what I'm doing. What you are suggesting is preposterous - 120 crores Aadhar cards have been issued. So what? I got my Aadhar back in 2010. So what? I linked it to every possible thing because I want to continue the related services like ITR, bank accounts, mobile phones. If I don't link Aadhar, I can't avail these facilities. But in the case of EPFO, I don't want government money. I only want my money and the money given by my private employer. That's it. Why should I link my Aadhar then?

And for your information, I also have the right to choose what I want and what I don't unless I'm a law-abiding citizen of this country.

Seeking Genuine Answers

Unfortunately, I'm deeply hurt seeing these replies where people are asking me what's my problem in linking Aadhar with UAN. I don't have any problem doing so. But I don't want government money, so why should I do that? I still expect a genuine answer from the revered members of this community who can actually tell me why should I do that when I don't want that benefit.

Hi Mr. Sai Ram, I forgot to mention one more point. For EPF and EPS, I don't need to link my Aadhaar. As per the Aadhaar Act of 2016, since the government is crediting 1.16% of my basic salary, up to Rs. 6500, to my EPF account, I am supposed to provide my Aadhaar number. The government states that since they are allocating this money from the Consolidated Fund of India, I am required to provide my Aadhaar. Here lies my question: I do not want to receive this money from the Consolidated Fund of India. This is a welfare scheme, and I choose not to be a part of it.

Therefore, it is not a requirement for me to provide my Aadhaar simply because I am a member of EPF and EPS. Please ensure you understand the technicalities before making any commitments.

Hi Mr. SAJI, thanks for the clarification regarding Aadhaar linking. I'm okay with Aadhaar linking as I have already linked it with many other things. But my question was, why force me? As I have already explained, I need a mobile connection, so I linked it with Aadhaar. I need to file ITR, so I linked it with PAN, but I don't need 1.6% of my basic, so why should I link Aadhaar?

However, I have no issue doing that. What I have understood from your last post is that I do have a choice whether to link it or not. That was my concern; I should have a choice in all these. Being a citizen of India, I have some responsibilities, so I know it's better if I become a part of it. But I wasn't comfortable with the idea of forceful submission.

Anyway, thanks for your clarification.

People talking about personal privacy would never question when they go to so-called Western countries like the US, which uses SSN for all transactions.

Requirement of Aadhar for EPS

Coming to the requirement submission of Aadhar for EPS, the act is defined by the pension earnings based on the salary and service period. Hence, pension calculations are the same for all employees and can't be separated by taking out 1.16% GOI contributions to the pension fund. Moreover, the pension fund is a pooled fund. GOI contributions are not only on 6500 but on actual EPS wages to the extent of INR 15000.

The Aadhaar Linking Dilemma for Pensioners

For pension, there are several documents to prove one's identity. The government can't make Aadhaar mandatory for pensioners. In fact, the government is forcing Aadhaar to be linked with UAN due to only one reason. Back in 2015, the bench presided by the then CJI H.L. Dattu said that the GoI can't make it mandatory for welfare schemes. Then, showing it as a money bill, the GoI passed the Aadhaar Act in March-April 2016. As per this rule, for the proper dissipation of resources from the Consolidated Fund of India, one has to show his/her Aadhaar in order to get the benefits of social welfare schemes. And this is the catch.

I'm not a pensioner under the EPS scheme right now. I don't withdraw a pension, so I don't need to show my Aadhaar to the Government of India. However, the GoI is only forcing to link Aadhaar because they are giving 1.16% to the respective EPF accounts. That amount is getting debited from the Consolidated Fund of India. This is the only reason the GoI is so adamant to link Aadhaar with UAN. Even if I get a pension from EPS, I don't get it from the GoI. I withdraw some money once I attain the age of 60, and by using the rest of the amount, I have to buy an annuity in order to get a monthly pension. So the only reason is this. In fact, this is the only reason the Government itself is saying repeatedly.

Please correct me if I'm wrong.

Dear Sir,

When I checked with the EPF site, my UAN number is not linked with AADHAR and PAN. The reason is that the records do not match with the Income Tax (PAN) database. In the EPF office, my company registered only my first name and last name. However, my PAN card mentions my full name. I have submitted an application to my HR.

How many days does it take to change the name on the EPF site? Going forward, our HR department will also implement registering names as per the PAN and AADHAR cards in the EPF system.

Thank you.

Hi ANONYMOUS, your understanding about the EPS scheme is partially correct. I will explain it to you. Your PF contributions of 12% go to a fund called EPF. The company contributions of 12% go to two funds: EPF and another called EPS (8.33% of Basic to a maximum of 1250). Your EPF fund can be withdrawn (100% without any tax) once you attain 58 years. The remaining 8.33% is considered your contribution towards the pension fund, which is a pool. Based on your service period, the pension would be calculated at the rate of (Last drawn Wages * No. of Service / 70). This is called superannuation pension. Therefore, you are not buying any annuity out of your EPF, but receiving a pension from a pool of funds. The Government of India (GOI) is contributing to the pool and not to the individual account for EPS.

If you think the EPS scheme only provides superannuation pension, that is incorrect. EPS provides Dependent pension, Widow Pension, Children's pension, and Orphan pension in case of any eventuality to the member. All these benefits come from the pool fund. Social security schemes like EPF, EPS, and ESIC offer significant benefits to employees.

I suggest focusing on the positive aspects of connecting Aadhar instead of criticizing the government's intentions. For example, my PF transfer from the previous to the current organization was completed in just 5 working days due to the KYC process. I know people who have been struggling to transfer for the past year because they were not KYC compliant.

As others have explained, people often have multiple PAN/Voter/DL's, and passports have a validity of a maximum of 10 years.

Regards, Keshav Reddy.