Amending regulation

The Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023

This amending instrument records 4 discrete changes to the principal regulations. Regulation 12(1) and 12(2) are substituted (with a new 2A added), regulation 32 is inserted (delegation), and the existing Schedule is replaced by Schedule A — Eligibility Criteria of Authentication Service Agencies.

Changes

· substituted — regulation 12, sub-regulation (1) The Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023
After

(1) An agency or other person seeking appointment as a requesting entity for use of an Authentication facility shall apply to the Authority for appointment, in such form as the Authority may provide upon request made to it by such agency or person: Provided that such agency or person, on appointment as requesting entity, shall perform authentication only for such purpose as is— (a) allowed under sub-section (4) or required under any law as referred to in sub-section (7) of section 4 of the Act; or (b) required by the Central Government or a State Government under section 7 of the Act.

· substituted — regulation 12, sub-regulation (2) The Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023
After

(2) An entity seeking appointment as an ASA for use of an Authentication facility shall apply to the Authority for appointment, in such form as the Authority may provide upon request made to it by such entity. (2A) The entity seeking appointment as ASA shall fulfil the criteria specified in Schedule A.

· inserted — after regulation 31 The Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023
After

32. Doing of act or thing related to delegated power or function.—(1) Any act or thing that is to be or may be done by the Authority under these regulations may also be done by any Member or officer of the Authority or any other person to whom the Authority has delegated the related power or function by general or special order in writing, under section 51 of the Act. (2) The Authority may determine whether or not an act or thing done by a Member, officer or other person under sub-regulation (1) is related to a power or function delegated as referred to in the said sub-regulation.

· substituted — the existing Schedule The Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023
After

SCHEDULE A — ELIGIBILITY CRITERIA OF AUTHENTICATION SERVICE AGENCIES [See regulation 12(2A)]. 1. Entities seeking appointment as ASA are categorised as follows: Category 1 — A Ministry or Department of the Central Government or a State Government, or an undertaking owned or controlled by the Central Government or a State Government; Category 2 — An authority constituted under any Central or State Act; Category 3 — Any other entity of national importance in the opinion of the Authority; Category 4 — A company registered in India under the Companies Act, 2013 (18 of 2013); Category 5 — An AUA or a KUA. 2. The technical and financial criteria for entities for appointment as ASA are as under: Category 1, 2 and 3 — no financial or technical requirement. Category 4 — Annual turnover of at least ₹100 crore as per the audited financial statements for last three financial years; technical: A Telecom Service Provider {Unified Licensee having Access Services authorisation or Unified Access Services Licensee, granted licence under section 4 of the Indian Telegraph Act, 1885 (13 of 1885)}, having a minimum of 100 Multiprotocol Label Switching (MPLS) Points of Presence (PoP) in India OR A Network Service Provider or System Integrator having pan-India network connectivity for data transmission, having at least 100 MPLS PoPs in India. Category 5 — An AUA or KUA that meets such authentication transaction criteria as the Authority may determine from time to time.