Aadhaar (Authentication and Offline Verification) Regulations, 2021 · III — Appointment Of Requesting Entities And
Regulation 25 Liability and action in case of default
(1) Where any requesting entity or an ASA appointed under the Act,
(a) fails to comply with any of the processes, procedures, standards, specifications or directions issued by the Authority, from time to time;
(b) is in breach of its obligations under the Act and these regulations;
(c) uses the Aadhaar authentication facilities for any purpose other than those specified in the application for appointment as requesting entity or ASA,
(d) fails to furnish any information required by the Authority for the purpose of these regulations; or
(e) fails to cooperate in any inspection or investigation or enquiry or audit conducted by the Authority, the Authority may, without prejudice to any other action which may be taken under the Act, take such steps to impose disincentives on the requesting entity or an ASA for contravention of the provisions of the Act, rules and regulations thereunder, including suspension of activities of such entity or agency, or other steps as may be more specifically provided for in the agreement entered into by such entities with the Authority:
Provided that the entity or agency shall be given the opportunity of being heard before the termination of appointment and discontinuance of its operations relating to Aadhaar authentication. (1A). Where any Offline Verification seeking entity,
(a) fails to comply with any of the processes, procedures, standards, specifications or directions issued by the Authority, from time to time; is in breach of its obligations under the Act and these regulations;
(b) uses the Aadhaar Offline Verification facilities for 35other than lawful purposes; [omitted];
(c) fails to furnish any information required by the Authority for the purpose of these regulations; or
(d) fails to cooperate in any inspection or investigation or enquiry or audit conducted by the Authority, the Authority may, without prejudice to any other action which may be taken under the Act, including such criminal action as it may deem fit, take such steps to impose 37 [penalty] on the Offline Verification seeking entity for contravention of the provisions of the Act, rules and regulations thereunder.
Provided that the entity or agency shall be given the opportunity of being heard before any action is taken.
(2) Any such action referred to in sub-regulation (1) 38and (1A) may also be taken against any entity or Sub-AUA or sub- KUA 39or OVSE.
(3) Upon termination of appointment 40or registration by the Authority, the requesting entity or the ASA 41or the OVSA shall, forthwith, cease to use the Aadhaar name and logo for any purposes, and in any form, whatsoever, and may be required to satisfy the Authority of necessary aspects of closure, including those enumerated in regulation 23(2) 42and 23A(2)”.
Source: Wayback Machine snapshot of UIDAI's original publication.
(1) Where any requesting entity or an ASA appointed under the Act,
(a) fails to comply with any of the processes, procedures, standards, specifications or directions issued by the Authority, from time to time;
(b) is in breach of its obligations under the Act and these regulations;
(c) uses the Aadhaar authentication facilities for any purpose other than those specified in the application for appointment as requesting entity or ASA,
(d) fails to furnish any information required by the Authority for the purpose of these regulations; or
(e) fails to cooperate in any inspection or investigation or enquiry or audit conducted by the Authority, the Authority may, without prejudice to any other action which may be taken under the Act, take such steps to impose disincentives on the requesting entity or an ASA for contravention of the provisions of the Act, rules and regulations thereunder, including suspension of activities of such entity or agency, or other steps as may be more specifically provided for in the agreement entered into by such entities with the Authority:
Provided that the entity or agency shall be given the opportunity of being heard before the termination of appointment and discontinuance of its operations relating to Aadhaar authentication. (1A).Where any Offline Verification seeking entity,
(a) fails to comply with any of the processes, procedures, standards, specifications or directions issued by the Authority, from time to time; is in breach of its obligations under the Act and these regulations;
(b) uses the Aadhaar Offline Verification facilities for purposes other than those specified;
(c) fails to furnish any information required by the Authority for the purpose of these regulations; or
(d) fails to cooperate in any inspection or investigation or enquiry or audit conducted by the Authority, the Authority may, without prejudice to any other action which may be taken under the Act, including such criminal action as it may deem fit, take such steps to impose disincentives on the Offline Verification seeking entity for contravention of the provisions of the Act, rules and regulations thereunder.
Provided that the entity or agency shall be given the opportunity of being heard before any action is taken.
(2) Any such action referred to in sub-regulation (1) may also be taken against any entity or Sub-AUA or sub- KUA.
(3) Upon termination of appointment by the Authority, the requesting entity or the ASA shall, forthwith, cease to use the Aadhaar name and logo for any purposes, and in any form, whatsoever, and may be required to satisfy the Authority of necessary aspects of closure, including those enumerated in regulation 23(2).