Regulation 26 Liability of Registrars, enrolling agencies and other service providers and action in case of default

(1) The Registrars, enrolling agencies, and other service providers, and the supervisors, operators or any other persons or agencies employed by them shall adhere to all regulations, processes, standards, guidelines, and orders issued by the Authority from time to time, and the code of conduct provided in Schedule V.

(2) The Authority shall monitor the enrolment activities of the Registrars, enrolling agencies and the operators, supervisors and other personnel associated with enrolment. [

(3) Without prejudice to any other action which may be taken under the Act, for violation of any regulation, process, standard, guideline or order, by a Registrar or Enrolment Agency or any service provider or any other person, the Authority may immediately suspend the activities of such a Registrar or Enrolment Agency or service provider or concerned person, and after holding due enquiry, it may take steps for imposition of financial disincentives on such a Registrar or Enrolment Agency or service provider or any other person and for cancellation of the credentials, codes and permissions issued to them pursuant to the Act or these regulations, or any other steps as may be specifically provided for in the terms of engagement with the Authority]. In regulation 24 the word “resident” omitted; vide Notification No. HQ-16016/1/2023-EU-I- HQ (E), dated 25th January, 2024 (w.e.f. 27.01.2024). [26A. Interpretation.—In this Chapter and Schedule VI, unless the context otherwise requires, the expressions “cancel” or “omit”, in relation to an Aadhaar number, shall mean the omission of such Aadhaar number, and their grammatical variations and cognate expressions shall be construed accordingly.] [27. Cases requiring omission of Aadhaar number.—(1) Where the Authority is satisfied that more than one Aadhaar number has been issued to the same person, the Aadhaar number assigned the earliest and containing the biometric information of the Aadhaar number holder shall be retained and all other Aadhaar number(s) shall be omitted.

Provided that if none of the assigned Aadhaar numbers contain biometric information of the Aadhaar number holder, the Aadhaar number assigned the earliest shall be retained and all other Aadhaar number(s) shall be omitted.]

(2) Where the Authority is satisfied that an Aadhaar number was generated for an individual who, at the time of enrolment,—

(a) was not eligible for enrolment with biometric exception under sub-regulation (2) of regulation 6 but whose enrolment was carried out following the procedure for handling of such exceptions as referred to therein; or

(b) was aged five years or above but was enrolled without capturing his biometrics, such Aadhaar number shall be omitted.

(3) An Aadhaar number holder may, upon attaining the age of eighteen years, make an application for cancellation of his Aadhaar number as per the form set out in Schedule VI, to a Regional Office of the Authority, within a period of six months from the date on which he attains such age and after—

(a) establishing his identity by performing authentication or by such other means as the Authority may specify in this behalf; and

(b) following such procedure as the Authority may specify in this behalf on its website, for the purpose of satisfying itself as to the relevant facts regarding his application for cancellation, and, upon receipt of such application and fulfilment of the requirements referred to in clauses (a) and (b), the Authority shall, within a period of three months from the date of such fulfilment of requirements, take a decision on his application and, if satisfied regarding the eligibility of such Aadhaar number holder for cancellation, cancel the same:

Provided that any application for cancellation made on or before the commencement of the Aadhaar (Enrolment and Update) Second Amendment Regulations, 2024 shall be processed by the Authority in accordance with this regulation.

(4) 44Wherer the Authority is satisfied that the biometric information captured at the time of enrolment for Aadhaar or at the time of biometric update, is mixed with the biometric information of another individual, such Aadhaar number shall be omitted in the manner as specified by the authority.