New Delhi | Jagran Business Desk: The Central government on Tuesday notified the UIDAI (Adjudication of Penalties) rules, 2021 enabling the Unique Identification Authority of India (UIDAI) to penalise violators of the Aadhaar Act and impose fine of upto Rs 1 crore, nearly two years after the legislation was passed.

Entities working closely with the Aadhaar ecosystem failing to comply with the Act or UIDAI’s rules or to share information required by the government agency will now have to bear a heavy fine.

As per the new rules, UIDAI will appoint adjudicating officers who shall decide such matters, and may impose penalties up to Rs 1 crore on such entities. The Telecom Disputes Settlement and Appellate Tribunal shall be the appellate authority against decisions of the Adjudicating Officer.

The Central government brought the Aadhaar and Other Laws (Amendment) Act, 2019 to enable UIDAI to use this power. Currently, the Aadhaar Act, does not empower the UIDAI to take enforcement action against errant entities in the Aadhaar ecosystem.

Further, the adjudicating officer will not be below the rank of Joint Secretary to the Government of India, will hace working experience of 10 years or more, and have administrative or technical knowledge in any of the disciplines of law, management, information technology or commerce with at least three years of relevant experience. The UIDAI may nominate an officer of UIDAI to be known as a Presenting Officer to present the case on behalf of the Authority before the Adjudicating Officer, according to the rule.

Before adjudging penalty, the Adjudicating Officer shall issue a notice to the person alleged to have committed the contravention, requiring them to show cause why the penalty should not be imposed on them and clearly indicate the nature of contravention, non-compliance or default under the Act. The Adjudicating Officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence.

Posted By: Sugandha Jha