UIDAI can now appoint officers to take action against the violators of Aadhaar rules. Also, the culprits can be fined up to 1 crore.
On November 2, the government issued the notification of the UIDAI (Adjudication of Fines) Rules, 2021. As per the rules, UIDAI can nominate one of its officers as Presenting Officer. The amount of any penalty imposed by the officer will be deposited in the UIDAI fund. If the payment is not made, the arrears can be recovered under the land revenue rules.
New Delhi. The Government of India has now empowered the Unique Identification Authority of India (UIDAI) to impose a fine of Rs 1 crore against those who do not comply with the Aadhaar Act. Nearly two years after the law was passed, the government has notified these rules. Under this, UIDAI can appoint officers to take action against those who violate Aadhaar rules. Also, the culprits can be fined up to Rs 1 crore. On November 2, the government issued the notification of the UIDAI (Addiction of Fines) Rules, 2021.
Under this, a complaint can be made in case of non-compliance of the UIDAI Act or the instructions of UIDAI. Officers appointed by the UIDAI will decide such cases and can impose a fine of up to Rs 1 crore on such entities. Telecom Disputes Settlement and Appellate Tribunal can appeal against these decisions.
Why was the law amended?
The government had brought the Aadhaar and Other Laws (Amendment) Act, 2019 so that UIDAI has powers to take action. Under the existing Aadhaar Act, UIDAI does not have powers to take action against entities that misuse the Aadhaar card. The law passed in the year 2019 argued, “It needs to be amended to protect privacy and to ensure the autonomy of UIDAI.” After this a new chapter was added in the Aadhaar Act for the provision of civil penalty.
In the new rules notified on November 2, it has been said that the decision-making officer shall not be below the rank of Joint Secretary to the Government of India. He should have work experience of 10 years or more. Also, he will have administrative or technical knowledge in any subject of law. Also, he should have at least three years experience in Management, Information Technology or Commerce.
Money will be deposited in UIDAI’s account
According to the rules, UIDAI can nominate one of its officers as Presenting Officer. He will present the matter before the officer on behalf of the Authority. The adjudicating officer shall, before making the decision, issue notice to the person or entity who has allegedly committed the contravention. After this, the concerned institution will have to give reasons why the fine should not be imposed on it. The officer shall have the right to call and cause the attendance of any person acquainted with the facts and circumstances.
The amount of any penalty imposed by the officer will be deposited in the UIDAI fund. If the payment is not made, the arrears can be recovered under the land revenue rules.
