The Unique Identification Authority of India (UIDAI) has issued a crucial notification on September 29, 2023. This notification pertains to the Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023. These regulations are introduced under the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits, and Services) Act, 2016. In this article, we will delve into the key aspects of this notification, including its scope, definitions, fees for authentication, and more.
1. Short Title and Commencement: The regulations, formally known as the “Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023,” come into effect on the date of their publication in the Official Gazette. This marks an important development in the administration of Aadhaar services, impacting various entities involved in the Aadhaar ecosystem.
2. Definitions: These regulations make it clear that any terminology used within them, which is already defined in the Aadhaar Act, rules, or other regulations, will have the same meanings as assigned to them in those documents. This ensures consistency in interpretation and application.
3. Fee for Authentication: This section of the notification outlines the fees associated with Aadhaar authentication services. The fees vary depending on the type of authentication facility used and the entity conducting the authentication.
Additionally, it’s important to note that the fees mentioned in these regulations are inclusive of applicable taxes. Furthermore, the fees will undergo periodic revisions, with adjustments based on the Consumer Price Index, ensuring that they remain in line with economic changes.
Importantly, these fees are not applicable when the Central Government, any State Government, or the Authority itself uses the authentication facility.
4. Time for Payment of Fee: This section defines the timelines and consequences associated with the payment of fees. Fees must be paid within thirty days from the date of the invoice issued by the Authority. Failure to make timely payments will incur monthly interest charges at a rate of 1.5%, compounded monthly.
Additionally, entities that discontinue the use of the authentication facility must inform the Authority. However, the specified fees will continue to apply until access to the facility is surrendered and deactivated.
5. Conclusion: The UIDAI’s notification regarding the Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023, represents a significant step in regulating the fees associated with Aadhaar authentication services. These regulations aim to ensure fairness, transparency, and efficiency in the Aadhaar ecosystem by defining fees, payment deadlines, and consequences for non-compliance. It’s imperative for all relevant entities to adhere to these regulations to avoid any penalties or interest charges. As the UIDAI continues to adapt to the evolving needs of India’s digital identity landscape, these regulations play a crucial role in shaping the future of Aadhaar services.
UNIQUE IDENTIFICATION AUTHORITY OF INDIA
New Delhi, the 29th September, 2023
F. No. HQ-13073/1/2020-AUTH.II-HQ(E).— In exercise of the powers conferred by sub-sections (1) and (2) of section 54 read with sub-section (1) of section 8 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016), and in supersession of the Aadhaar (Pricing of Aadhaar Authentication Services) Regulations, 2021, except as respects things done or omitted to be done before such supersession, the Unique Identification Authority of India hereby makes the following regulations, namely:—
1. Short title and commencement.— (1) These regulations may be called the Aadhaar (Payment of Fees for Performance of Authentication) Regulations, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.— All words and expressions used in these regulations that are defined in the Act or the rules and other regulations made thereunder, shall have the meanings respectively assigned to them in the Act, rules or other regulations, as the case may be.
3. Fee for authentication. — (1) If upon submission of an Aadhaar number by a KUA or sub-KUA using the e-KYC authentication facility of the Authority, a digitally signed response is returned to such KUA or sub-KUA, which —
(a) contains e-KYC data along with other technical details related to the authentication transaction, where that KUA or sub-KUA is —
(i) a Telecom Service Provider, a fee of one rupee; and
(ii)other than a Telecom Service Provider, a fee of three rupees,
(b) is other than that referred to in clause (a), a fee of fifty paise,
shall be chargeable to that KUA or sub-KUA, as the case may be, and payable to the Authority.
Explanation.— For the purposes of this sub-regulation, “Telecom Service Provider” shall mean a person who is a Unified Licensee having Access Services authorisation or a Unified Access Services Licensee, under section 4 of the Indian Telegraph Act, 1885 (13 of 1885).
(2) If upon submission of an Aadhaar number by an AUA or sub-AUA using the Yes/No authentication facility of the Authority, a digitally signed response is returned to such AUA or sub-AUA, a fee of fifty paise shall be chargeable to that AUA or sub-AUA, as the case may be, and payable to the Authority.
(3) The fee specified in sub-regulations (1) and (2)
(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 (Pricing of Aadhaar Authentication Services) Regulations, 2021 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; and
(c) shall be not chargeable in respect of use of Authentication facility by or on behalf of the Central Government, any State Government or the Authority.
Explanation.— For the purposes of this sub-“Consumer Price Index” shall mean the Consumer Price Index (Combined) released by the National Statistical Office, Ministry of Statistics and Programme Implementation, Government of India from time to time.
4. Time for payment of fee.— (1) The fee chargeable under regulation 3 shall be payable within a period of thirty days from the date of issuance of an invoice by the Authority in this behalf.
(2) Any delay in payment of the fee chargeable under regulation 3, beyond expiry of the period referred to in sub-regulation (1), shall attract interest at the rate of 1.5per per month, compounded monthly.
(3) Any KUA, sub-KUA, AUA or sub-AUA referred to in regulation 3, who discontinues the use of the Authentication facility referred to therein shall intimate such discontinuation to the Authority:
Provided that the fee specified in regulation 3 shall continue to be chargeable till the surrender of access to the Authentication facility by the KUA, sub-KUA, AUA or sub-AUA, as the case may be, and the deactivation of such access.
NIKHIL SINHA, Director