THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA (ADJUDICATION OF PENALTIES) RULES, 2021 1

9548471af0cea3c58fa0c7b09057f815affc4854 · 2016 · State unknown

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Parent: THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 (e5452e76268985edd128a049b6e27a9ff6b4f2fb)

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THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA (ADJUDICATION OF PENALTIES) RULES, 2021 1 [Updated as on 23. 3. 10.2023] In exercise of the powers conferred by clauses (ga), (gb) and (h) of sub-section (2) of section 53 read with sections 33A, 33B and 33C of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016), the Central Government hereby makes the following rules, namely:— 1. Short title and commencement. — (1) These rules may be called the Unique Identification Authority of India (Adjudication of Penalties) Rules, 2021. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. -(1) In these rules, unless the context otherwise requires,— (a) " Act " means the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (b) " Form " means a form annexed to these rules; and (c) " inquiry " means the inquiry as referred to in section 33B of the Act. (2) Words and expressions used herein and not defined in these rules but defined in the Act shall have the same meanings as assigned to them in the Act. 3. Manner of appointment, qualification and experience of the Adjudicating Officer.— (1) The Adjudicating Officer shall be appointed by the Authority under sub-section (1) of section 33B of the Act, who shall — (a) be an officer not below the rank of Joint Secretary to the Government of India; (b) possess working experience of ten years or more in the Central Government or State Government or Public Sector Undertaking or Union territory administration or Autonomous or Statutory Organisation on regular basis; and (c) possess administrative or technical knowledge in any of the disciplines of law, management, information technology

Rule TOC

1 · Short title and commencement. — (1) These rules may be called the Unique Identification Authority of India (Adjudication of Penalties) Rules, 2021.

2 · Definitions. -(1) In these rules, unless the context otherwise requires,—

3 · Manner of appointment, qualification and experience of the Adjudicating Officer.—

4 · Manner of making complaint to the Adjudicating Officer.—(1) The complaint shall be made to the Adjudicating Officer by the Authority under sub-section (2) of section 33B of the Act in a manner which clearly indicates the nature of contravention, relevant provision of the Act or rule or regulation or direction issued by the Authority and the maximum penalty which can be imposed on the person or entity and as far as possible, the timing, place of contravention along with documents in support of such contravention.

1 · Published in the Gazette of India, Extraordinary, Part III, Section 4, dated 2.11.2021, vide Notification No. G.S.R. 772(E), dated 29.10.2021 .

5 · Manner of holding inquiry into the complaint.—(1) The Adjudicating Officer, before adjudging penalty, shall issue a notice to the person or entity alleged to have committed the contravention, requiring him or it to show cause, within such period as the notice may specify (being not less than thirty days from the date of service thereon), as to why the penalty should not be imposed on him or it:

6 · Form and manner of appeal against the order of the Adjudicating Officer.—Every appeal against the order of the Adjudicating Officer shall be filed in writing before the Telecom Disputes Settlement and Appellate Tribunal as per Form 'A'.

7 · Fee for filing appeal.—The fee to be accompanied with an appeal filed under sub-section (2) of section 33C of the Act shall be the same as specified under the Telecom Disputes Settlement and Appellate Tribunal (Form, Verification and the Fee for filing an appeal) Rules, 2003 as amended from time -to -time .