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THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA (ADJUDICATION OF PENALTIES) RULES, 20211

rules · 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, 20211 [Updated as on 23.10.2023] In exercise of the powers conferred by clauses (ga), (gb) and (h) of sub-section (2) of section 53 read with sections 334, 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 f 2016); "Form means a form annexed to these rules; and "inquiry" means the inquiry a8 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: 33 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 possess administrative or technical knowledge in any of the disciplines of law, management, information technology or commerce with at least three year

Rule TOC

5 · Manner of holding inquiry into the complaint: (1) The Adjudicating Officer, before adjudging penalty, shall issue a notice to the person o entity alleged to have committed the contravention, requiring him O 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: Provided that every notice issued under this sub-rule, shall clearly indicate the nature of contravention, noncompliance and default under the Act alleged to have been committed Or made, the person o entity against whom, Or the thing; if any, in respect of which, it was committed and also draw attention to the relevant provision O rule O regulation or direction issued by the Authority and the maximum penalty which can be imposed on the person or entity: Provided further that the Adjudicating Officer may, for reasons to be recorded in writing, extend the said period by a further period not exceeding fifteen days; if the person or entity, as the case may be, satisfies the Adjudicating Officer that he Or it had sufficient cause for not responding to the notice within the stipulated period. (2) On receipt of the reply submitted by such person O entity, the Adjudicating Officer shall issue a notice of hearing to such person O entity, through its authorised representative, and to the Presenting Officer of the Authority, if appointed: Provided that, where the person O entity, pleads guilty in the reply referred to in this sub-rule, no hearing shall be required and the Adjudicating Officer shall record the plea, and impose penalty as he thinks fit in accordance with the provisions of the Act; rules, regulations, orders or directions made thereunder: (3) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person or entity concerned and Presenting Officer of the Authority, if appointed, the Adjudicating Officer may, subject to reasons to be recorded in writing, pass any Order in writing as he thinks fit including an order for adjournment: Provided that the Adjudicating Officer after hearing, may give an opportunity to the Presenting Officer if appointed, and such person Or entity to submit reply in writing on certain other issues Or to file written briefs of their respective case Or produce such documents Or evidence as they may consider relevant to the notice issued under subrule and, if necessary, the hearing may be adjourned to a future date for reasons to be recorded in writing: For the purposes of this rule, 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 O to produce any document which; in the opinion of the Adjudicating Officer, may be useful for O relevant to the subject matter of the inquiry. 5) Where any person O entity fails to reply o neglects O refuses to appear pursuant to the notice referred to in sub-rule (2), before the Adjudicating Officer, the Adjudicating Officer may proceed with the hearing in the absence of such person or entity after recording the reasons for doing SO_
1 · Details of appeal: [give the particulars of the decision Or order of the Adjudicating Officer against which the appeal is preferred] 2. Jurisdiction of the Appellate Tribunal: [The appellant declares that the subject matter of the decision or order against which appeal is filed is within the jurisdiction of this Hon'ble Appellate Tribunal as per sub- section (1) of Section 33 C of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.] 3. Limitation: [The Appellant further declares that the appeal filed is within the period as specified in sub-section (2) of section 33C of the_ Aadhaar _(Targeted Delivery_of Financial and_Qther Subsidies_Benefits and Services Act_20161
7 · Relief(s) sought: In view of the facts mentioned in para 4 above, the appellant prays for the following relief(s): (Specify below the relief(s) sought explaining the grounds for such relief(s) and the legal provisions, if any, relied upon.) 8. Interim order, if any prayed for: Pending final decision on the application, the appellant seeks issue of the following interim order: (Given here the nature of the interim order prayed for with reasons). 9. Details of Index: (An Index containing the details of the documents to be relied upon is enclosed and also mentioned in List of enclosures). 10. Particulars of bank draft drawn in favour of the Drawing and Disbursing Officer, Telecom Disputes Settlement and Appellate Tribunal in respect of the fee for appeal. List of enclosures:
1 · Certified copy of the order against which appeal is sought; 2. Copy of the authorisation in favour of authorised representative; 3. Order of condonation of delay, if any; 4_ Optional enclosures, if any. Verification (Name of the appellant o authorised representative) S/o, Wlo, Dlo [indicate any one, as the case may be]. age. working as in the office of._ resident of do hereby verify that the contents of the paras: to. are true to my personal knowledge (derived from official record maintained by the appellant in its usual course of business) and paras. to believed to be true on legal advice and that I have not suppressed any material facts.