Introduction: The Unique Identification Authority of India (UIDAI) has issued a notification on 31st January 2024, introducing amendments to the Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023. These changes, outlined in the Aadhaar (Payment of Fees) Amendment Regulations, 2024, have significant implications for entities involved in Aadhaar authentication processes.
Detailed Analysis: The amendments primarily focus on regulation 3 of the principal regulations. Sub-regulation (4) is introduced, specifying that a fee of five rupees shall be charged to a requesting entity for every update regarding the status of Aadhaar numbers, particularly in cases of omission, deactivation, or reactivation. This fee is subject to revision every twenty-four months based on the Consumer Price Index, inclusive of taxes. However, the Authority retains the discretion to waive the fee in certain cases in the interest of its functions and powers.
Sub-regulation (5) details the inclusive nature of the fee, its periodic revision, and the Authority’s authority to defer the revision through notification.
Furthermore, a new regulation (5) is added, empowering Members, officers, or other delegated persons to perform acts or things related to delegated powers or functions under section 51 of the Aadhaar Act. The Authority reserves the right to determine the legitimacy of acts or things done under delegated powers.
Conclusion: In conclusion, the Aadhaar (Payment of Fees) Amendment Regulations, 2024, bring noteworthy changes to the authentication fee structure and procedures. Entities engaged in Aadhaar authentication processes must take cognizance of the new fee implications and procedural details outlined in the amendments. The delegation of powers to Members, officers, or designated persons adds flexibility to the execution of related acts or things. It is crucial for stakeholders to stay informed about these regulatory changes to ensure compliance and effective engagement with the Aadhaar authentication framework. The amendments mark a step forward in streamlining processes and adapting to evolving needs in the realm of digital identity management.
UNIQUE IDENTIFICATION AUTHORITY OF INDIA
NOTIFICATION
New Delhi, the 31st January, 2024
F. No. HQ-13073/1/2020-AUTH.II (E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 54 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016), the Unique Identification Authority of India hereby makes the following regulations to amend the Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023, namely:—
1. Short title and commencement.—(1) These regulations may be called the Aadhaar (Payment of Fees for Performance of Authentication) Amendment Regulations, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023 (hereinafter referred to as the principal regulations), in regulation 3, in the Explanation, after the word “sub-regulation”, the words, brackets and figure “and sub-regulation (5)” shall be inserted.
3. In the principal regulations, in regulation 3, after sub-regulation (3), the following sub-regulations shall be inserted, namely:—
“(4) Where a requesting entity has entered into a Memorandum of Understanding or agreement with the Authority for performing authentication with update regarding the status as to whether any Aadhaar number previously submitted has been subsequently omitted or deactivated or re-activated, for any response subsequently received by way of such update in accordance with the regulations made by the Authority in respect of performance of authentication of Aadhaar numbers, a fee of five rupees shall be chargeable to such requesting entity for every such update:
Provided that the Authority may, where such update is in the interests of performance of its functions and exercise of its powers, including the maintenance of information of Aadhaar number holders in CIDR, updating of their current details for continued accuracy in CIDR, processing of information of Aadhaar numbers and inquiry into CIDR, by order, waive such fee, to such extent as such order may specify.
(5) The fee under sub-regulation (4)—
(a) shall be inclusive of applicable taxes;
(b) shall, upon completion of every period of twenty-four calendar months from the end of the calendar month in which the Aadhaar (Payment of Fees for Performance of Authentication) Amendment Regulations, 2024 came into force, stand revised in proportion to the ratio of the Consumer Price Index for the calendar month at the end of such period to that for the calendar month in which the said regulations came into force, rounded off to the nearest ten paise:
Provided that the Authority may, by notification, defer such revision by such period as it may specify.”.
4. In the principal regulations, after regulation 4, the following regulation shall be inserted, namely:—
“5. 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) related to a power or function delegated as referred to in the said sub-regulation.”.
SANJEEV YADAV, Director.
[ADVT.-III/4/Exty./724/2023-24]
Note : The principal regulations were published in the Gazette of India, Part III, Section 4, vide Notification F. No. HQ-13073/1/2020-AUTH.II-HQ(E), dated the 29th September, 2023 (published on the 3rd October, 2023).
