The Unique Identification Authority of India (UIDAI) has finally got the power to act against violators of the Aadhaar Act and impose penalties to the tune of Rs 1 crore. This comes nearly two years after the legislation was passed. The government notified the UIDAI (Adjudication of Penalties) Rules, 2021 on November 2.
Under the UIDAI (Adjudication of Penalties) Rules, 2021, the authority can initiate a complaint against an entity for failure to comply with the Act or the UIDAI’s directions and furnish information required by it. The Unique Identification Authority of India (UIDAI) has been enabled to appoint adjudicating officers to act against violators of the Aadhaar Act.
How UIDAI finally gets powers to Act
UIDAI gets powers similar to that of a regulator for taking enforcement actions.
Adjudicating Officers appointed by the UIDAI shall decide on matters related to violations.
UIDAI can impose penalties up to Rs 1 crore on violators of the Aadhaar Act.
The Telecom Disputes Settlement and Appellate Tribunal shall be the appellate authority against decisions of the Adjudicating Officer.
Aadhaar Act in its present form does not empower the UIDAI to take enforcement action against errant entities.
Role of Adjudicating Officers
The new rules notified on November 2 say that the adjudicating officer will not be below the rank of Joint Secretary to the Government of India.
He will possess working experience of 10 years or more and possess administrative or technical knowledge in law.
This technical knowledge can also be in management, information technology or commerce with at least three years of relevant experience.
An officer of UIDAI may be nominated as a Presenting Officer to present the case on behalf of the Authority before the Adjudicating Officer.
The Adjudicating Officer, before adjudging penalty shall issue a show-cause notice to the person or entity alleged to have committed the contravention.
He 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.
A penalty imposed by him shall be deposited into the UIDAI Fund and if not paid, may be recovered as if it were an arrear of land revenue, the rules say.
