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Core Purpose

Notification by the Unique Identification Authority of India further amending the Aadhaar (Authentication and Offline Verification) Regulations, 2021 under 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).

Detailed Summary

The Unique Identification Authority of India (UIDAI), New Delhi, issued the Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023 (F. No. HQ-13073/1/2020-AUTH.II(E)), effective from the date of publication in the Official Gazette, amending the Aadhaar (Authentication and Offline Verification) Regulations, 2021. The amendment substitutes sub-regulation 12(1) governing the appointment process for requesting entities and sub-regulation 12(2) for Authentication Service Agencies (ASA), adding new sub-regulation 12(2A) requiring ASAs to meet criteria in Schedule A; inserts a new regulation 32 permitting UIDAI Members or officers to exercise powers delegated under section 51 of the Act; and substitutes the existing Schedule with a new Schedule A setting out five categories of entities eligible to be appointed as ASA, with Category 4 (companies registered under the Companies Act, 2013 (18 of 2013)) required to demonstrate an annual turnover of at least Rs. 100 crore over the last three financial years and specified telecom/network infrastructure (minimum 100 MPLS Points of Presence in India, including licensees under section 4 of the Indian Telegraph Act, 1885 (13 of 1885)). The notification was signed by Nikhil Sinha, Director, and notes the principal regulations were published on 9th November 2011 vide notification No. K-11020/240/2021/Auth/UIDAI (No. 2 of 2021) dated 8.11.2021 and last amended by notification No. HQ-13011/240/2021-AUTH-II (No. 01 of 2023) dated 24th February, 2023.

Full Text

6276 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 676] NEW DELHI , TUES DAY , OCTO BER 3, 2023/ ASVIN A 11, 1945 CG-DL-E-04102023-249139 UNIQUE IDENTIFICATION AUTHORITY OF INDIA NOTIFICATION New Delhi, the 29th September, 2023 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) Ac t, 2016 (18 of 2016), the Unique Identification Authority of India hereby makes the following regulations to further amend the Aadhaar (Authentication and Offline Verification) Regulations, 2021 , namely: — 1. Short title and commencement. —(1) These regulations may be called the Aadhaar (Authentication and Offline Verification) Amendment Regulations, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Aadhaar (Authentication and Offline Ve rification) Regulations, 2021 (hereinafter referred to as the principal regulations), in regulation 12, — (a) for sub -regulation (1), the following sub -regulation shall be substituted, namely: — “(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 o f the Act.”; (b) for sub -regulation (2), the following sub -regulation shall be substituted, namely: — “(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.”. 3. In the principal regulations, after regulation 31, the following regulation shall be inserted, namely: — “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 Authori ty 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.”. 4. In the principal regulations, for the existing Schedule, the following Schedule shall be substituted: “SCHEDULE A ELIGIBILITY CRITERIA OF AUTHENTICATION SERVICE AGENCIES [See regulation 12(2A)] 1. Entities seeking appointment as ASA are categorised as follows: S. No. Organisation category Category 1 A Ministry or Department of the Central Government ora State Government, or an undertaking owned or controlled by the Central Go vernment 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 Financial requirement Technical requirement Category 1, 2 and 3 — — Category 4 Annual turnover of at least ₹100 croreas per the audited financial statements for last three financial years 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.”. NIKHIL SINHA, Director [ADVT. -III/4/Exty./457/2023 -24] Note: The principal regulations were published in the Gaz ette of India, Extraordinary, Part III, Section 4, dated 9th November 2011 vide notification No.K -11020/240/2021/Auth/UIDAI (No. 2 of 2021), dated 8.11.2021 and last amended vide notification no. HQ -13011/240/2021 -AUTH -II (No. 01 of 2023), dated the 24th February, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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