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State of Rajasthan - Act

THE RAJASTHAN JAN-AADHAAR AUTHORITY ACT, 2020

RAJASTHAN
India

THE RAJASTHAN JAN-AADHAAR AUTHORITY ACT, 2020

Act 3 of 2020

Published in Rajasthan Gazette on 27 February 2020
Commenced on 27 February 2020
[This is the version of this document from 27 February 2020.]

164. ‍ राजस्‍

थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क½(Authorised English Translation)THE RAJASTHAN JAN-AADHAAR AUTHORITY ACT, 2020(Act No. 3 of 2020)(Received the assent of the Governor on the 27thday of February, 2020)AnActto provide for, as a measure for good governance, efficient, transparent and targeteddelivery of public welfare benefits and services to the individual residing in the State ofRajasthan, the expenditure for which is incurred from the Consolidated Fund of the State,using Jan-Aadhaar ID as identifier; constitution of Rajasthan Jan-Aadhaar Authority and formatters connected therewith or incidental thereto.Be it enacted by the Rajasthan State Legislature in the Seventy-first Year of theRepublic of India, as follows:–CHAPTER-IPreliminary

1. Short title, extent and commencement.-(1) This Act may be called the Rajasthan

Jan-Aadhaar Authority Act, 2020.

(2)It shall extend to the whole of the State of Rajasthan.

(3)It shall be deemed to have come into force on and from 18thDecember, 2019.

2. Definitions.-(1)In this Act, unless the context otherwise requires,—

(a)“Aadhaar number” means an identification number issued to an individual undersub-section (3) of section 3 of the Central Act;(b)"authentication" means the process by which the Aadhaar number along withdemographic information and biometric information of an individual is submittedto the Central Identities Data Repository and the Jan-Aadhaar ID to the Jan-Aadhaar Resident Data Repository for its verification and such Repositoryverifies the correctness, or the lack thereof, on the basis of information availablewith it;(c)“Authority” means the Rajasthan Jan-Aadhaar Authority established andconstituted under section 19;(d)“biometric information” means photograph, finger print, iris scan, or such otherbiological attributes of an individual specified by the Central Government;(e)“Central Act” means the Aadhaar (Targeted Delivery of Financial and OtherSubsidies, Benefits and Services) Act, 2016 (Central Act No.18 of 2016);(f)“demographic information” includes information relating to the name, date ofbirth, address, caste, tribe, records of entitlement, income and medical history andother relevant information of an individual;(g)“enrolment” means enrolment of a family under section 6 of this Act;(h)“family” means a group of members related to each other by blood, marriage oradoption and normally residing together and sharing meals;(i)"Fund" means the Fund of the Authority established under section 28;(j)"government body" means any body owned, controlled or substantiallyfinanced by the State Government;भाग 4 (क ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍ 165(k)“head of the family” means a woman member of the family of the age ofeighteen years or above, declared by the family members in the prescribedmanner as head of the family:Provided that in case a family has no woman member of the age ofeighteen years or above at the time of enrolment, any male member of the familyof the age of twenty one years or above may be declared to be the head of thefamily till an eligible woman member of the family takes his place; or in case afamily has no male member of the age of twenty one years or above at the time ofenrolment, any eldest member of the family of any gender, may be declared ashead of the family by the family members. If such head of the family is a male, hecan remain so only till an eligible woman member of the family takes his place;(l)“identity information” in respect of a member of a family includes his Aadhaarnumber and his demographic information;(m)“Jan-Aadhaar ID” means a unique Jan-Aadhaar ID, for identifying a family issued,under section 6;(n)“Jan-Aadhaar Platform” means an electronic mechanism of interface between theresident and the Government department/government body created under theprovisions of this Act;(o)“Jan-Aadhaar Resident Data Repository” means the Jan-Aadhaar Resident DataRepository created under section 9 of this Act;(p)“prescribed” means prescribed by rules made under this Act;(q)“public welfare benefits” means any advantage, gift, reward, relief, aid, subsidy orany payment, whether in cash or kind, provided by the State Government directlyor through a government body to an individual or a family and includes suchother benefits as may be notified by the State Government from time to time;(r)“records of entitlement” means records of public welfare benefits and servicesunder any programme or scheme for which any family or any of its members isentitled to;(s)"Registrar" means any entity authorised or recognised by the Authority for thepurpose of enrolment under this Act;(t)“regulations” means the regulations made by the Authority under this Act;(u)“requesting entity” means a Government Department or government body thatsubmits the Jan-Aadhaar ID, identity information and photograph (if required) tothe Jan-Aadhaar Resident Data Repository for authentication;(v)"resident", with all its grammatical variations, means a resident who has resided ina local area of Rajasthan for the past six months or more or a person who intendsto reside in that area for the next six months or more;(w)“rules” means the rules made by the State Government under this Act;(x)“service” means any provision, facility, utility or any other assistance provided inany form to a family or an individual and includes such other services as may benotified by the State Government from time to time;(y)"verification" means the process of verifying the correctness of the identityinformation submitted by the Head of the Family or any adult member at the timeof enrolment.

(2)Words and expressions used in this Act but not defined herein above shall have thesame meanings as respectively assigned to them under the Central Act.CHAPTER-IIAuthentication

3. Authentication and Proof of Aadhaar and/or Jan-Aadhaar necessary for

receipt of Public Welfare Benefits and services.- The State Government may, for the

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थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क½purpose of establishing identity of an individual as a condition for receipt of public welfarebenefits and services for which the expenditure is incurred from the Consolidated Fund of theState, require that such individual undergo authentication, or furnish proof of possession ofAadhaar number and/or Jan-Aadhaar ID or in the case of an individual to whom no Aadhaarnumber and no Jan-Aadhaar ID has been assigned, such individual makes an application forenrolment:Provided that till such time an Aadhaar number and/or Jan-Aadhaar ID is not assignedto an individual, the individual shall be offered alternate and viable means of identificationfor delivery of public welfare benefits and services.

4. Notifying schemes by the State Government.- The State Government shall, from

time to time, notify public welfare benefits and services for which such authentication orproof is required as per section 3.

5. Application of Chapter III of Central Act.- The provisions of Chapter III of the

Central Act shall mutatis mutandis apply to authentication under this Act.CHAPTER-IIIJan-Aadhaar Card

6. Enrolment for Jan-Aadhaar Card.-(1) Every resident family of the State shall be

entitled, through its head or through any eldest or adult member, to obtain Jan-Aadhaar Cardby submitting identity information and photograph of all its members in the prescribedmanner.

(2)On receipt of the identity information and photograph of the members of thefamily under sub-section (1), the Authority shall, after verifying the information in suchmanner, as may be prescribed, enrol the family and assign to the family a unique Jan-AadhaarID which shall be a unique random number.

7. Salient features of Jan-Aadhaar ID.-(1) A Jan-Aadhaar ID assigned to a family

shall be a unique number and it shall not be re-assigned to any other family.

(2)A Jan-Aadhaar ID shall be a random number and bear no relation to the attributesor identity of the Jan-Aadhaar ID holder.

(3)A Jan-Aadhaar ID, in physical or electronic form subject to authentication andother conditions, as may be prescribed, shall be accepted as proof of identity and proof ofaddress of the family members for the purpose of public welfare benefits and services andmay also be accepted as proof of identity and proof of address for any other purpose.Explanation.- For the purposes of this sub-section, the expression “electronic form”shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 ofthe Information Technology Act, 2000 (Central Act No. 21 of 2000).

8. Jan-Aadhaar Card.-(1) On enrolment under section 6, the Authority shall issue to

the head of the family a Jan-Aadhaar Card in such form, in such manner and on payment ofsuch fees, if any, as may be prescribed.

(2)If any member of the family so desires by an application made in this behalf, hemay also be issued an individual Jan-Aadhaar card in such form, in such manner and onpayment of such fees, if any, as may be prescribed.CHAPTER-IVJan-Aadhaar Resident Data Repository and Protection of Information

9. Creation of Jan-Aadhaar Resident Data Repository.-(1) The Authority shall

create and maintain a database of identity information and photograph of all the Jan-Aadhaarcard holders as the Jan-Aadhaar Resident Data Repository in such manner as may beprescribed.भाग 4 (क ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍ 167

(2)The Authority may engage any agency, as it may deem appropriate, to create andmaintain the Jan-Aadhaar Resident Data Repository and to perform any other functionsrelating to the Jan-Aadhaar Resident Data Repository as may be prescribed.

10. Security and confidentiality of information.-(1) The Authority shall ensure the

security and confidentiality of the data in Jan-Aadhaar Resident Data Repository.

(2)Without prejudice to the generality of sub-section (1), the Authority shall-

(a)adopt and implement appropriate technical and organisational security

measures;

(b)ensure that the agencies, consultants, advisors or other persons appointed or

engaged for performing any function of the Authority under this Act, have inplace appropriate technical and organisational security measures for theinformation; and

(c)ensure that the agreements or arrangements entered into with such agencies,

consultants, advisors or other persons, impose obligations equivalent to thoseimposed on the Authority under this Act, and require such agencies,consultants, advisors or other persons to act only on instructions from theAuthority.

(3)Save as otherwise provided in this Act, the Authority or any of its officers or otheremployees or any agency that maintains the Jan-Aadhaar Resident Data Repository shall not,whether during his service or thereafter, reveal any information stored in the Jan-AadhaarResident Data Repository or authentication record to anyone except in accordance with anylaw for the time being in force:Provided that any information of Jan-Aadhaar card holder stored in the Jan-AadhaarResident Data Repository may be revealed to such holder on a request made by him in themanner specified in regulations.

(4)The provisions of Chapter VI of the Central Act shall mutatis mutandis apply toProtection of Information under this Act.

11. Restriction on sharing information.- (1) No identity information and photograph

of Jan-Aadhaar card holder collected under this Act and Jan-Aadhaar ID shall be shared withanyone, for any reason whatsoever, except in accordance with the provisions of this Act.

(2)Jan-Aadhaar ID, identity information and photograph shall not be published,displayed or posted publicly, except for such purposes, as may be prescribed.

(3)Jan-Aadhaar ID, identity information and photograph may be used by theGovernment for identifying beneficiaries for welfare schemes and disseminating informationin case of natural calamities/disasters in accordance with the provisions of this Act.

12. Sharing of information by a requesting entity.- (1) Identity information and

photograph available with a requesting entity,-(a)shall not be used by the requesting entity for any purpose other than that specifiedfor the Jan-Aadhaar ID holder at the time of submitting the request forauthentication of identity information; and(b)shall not be disclosed further without the prior consent of the Jan-Aadhaar IDholder.

(2)A requesting entity may share the authentication logs of a Jan-Aadhaar ID holderwith the Jan-Aadhaar ID holder concerned upon request of the family.

13. Alteration of identity information and photograph.-(1) In case any identity

information and photograph of a member of the Jan-Aadhaar card holder family is foundincorrect or changes subsequently, the head of the family or any other adult member of thefamily may request the Authority to alter such identity information or photograph, as the casemay be, in the record of the family in the Jan-Aadhaar Resident Data Repository in suchmanner, as may be prescribed.

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(2)The Authority may, suo motu or on receipt of any request under sub-section (1),after such inquiry or/and verification as it may deem fit, make such alteration as may berequired in the Jan-Aadhaar Resident Data Repository, and intimate such alteration to thehead of the family and the member concerned in the manner as may be prescribed.

(3)No identity information and photograph in the Jan-Aadhaar Resident DataRepository shall be altered except in the manner provided in this Act.CHAPTER-VDelivery of Services and direct transfer of benefits

14. Delivery of Services.-(1) The State Government may, for the purpose of

establishing identity of a family or any of its members, as a condition for receipt of publicwelfare benefits and services, notify the list of the services under section 7 of the Central Actto be delivered through Jan-Aadhaar Platform.

(2)The Authority shall endeavour to deliver public welfare benefits and services tothe beneficiaries at their doorsteps or at the places nearby to their residences through e-Mitranetwork or through such other means, as it may deem fit.

(3)The Administration, control and management of the e-Mitra network shall vest inthe Authority.

15. Direct transfer of benefit to the beneficiary.-The State Government may, by

notification, specify that any public welfare benefit, whenever such benefits are in the natureof cash shall, after authentication, be transferred directly to the bank account of thebeneficiary, and in case the public welfare benefits pertain to a family, to the bank account ofthe head of the family, in such manner, as may be prescribed.

16. Use of Jan-Aadhaar Resident Data Repository for service delivery.-(1) The

State Government, through government department or government body shall deliver allpublic welfare benefits and services as notified under section 4 and section 14, afterauthentication, through the Jan-Aadhaar Platform.

(2)Every department shall seed its departmental database of a family or any of itsmembers pertaining to public welfare benefits notified under section 14 with the Jan-AadhaarID, bank account number and Aadhaar number in such manner, as may be prescribed.

(3)Once the seeding of the departmental database is completed, the departments shallnot create any further database at its own level and shall use identity information andphotograph of a family or any of its members available in Jan-Aadhaar Resident DataRepository for transfer of any public welfare benefits and delivery of service in future.

17. Transaction mapper.- Every transaction of public welfare benefits or services

notified under section 7 of the Central Act and the public welfare benefits or services notifiedunder section 4 of this Act shall be recorded electronically in such manner, as may beprescribed.

18. Social Audit.- (1)Social audit of the delivery of public welfare benefits shall be

conducted at such intervals and in such manner, as may be prescribed in the Gram Sabhas inrural areas and the Ward Committees in urban areas or any other forum specified by the StateGovernment by notification.

(2)Particulars of the delivery of public welfare benefits shall invariably be uploadedon the Jan-Soochana Portal of the State.Explanation.- For the purpose of this section, the expression "Gram Sabha" and"Ward Committee" shall have same meaning as assigned to them respectively in theRajasthan Panchayati Raj Act, 1994 (Act No.23 of 1994) and the Rajasthan MunicipalitiesAct, 2009 (Act No.18 of 2009).भाग 4 (क ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍ 169CHAPTER-VIRajasthan Jan-Aadhaar Authority

19. Establishment and Constitution of the Authority.-(1) The State Government

shall, as soon as may be, after commencement of this Act, by notification, establish andconstitute an Authority to be called as the Rajasthan Jan-Aadhaar Authority to exercisepowers and discharge functions of the Authority under this Act or the rules or regulationsmade thereunder.

(2)The Authority shall be a body corporate by the name aforesaid, having perpetualsuccession and a common seal, with power, subject to the provisions of this Act, to acquire,hold and dispose of property, both movable and immovable, and to contract and may, by thesaid name, sue or be sued.

(3)The headquarters of the Authority shall be at Jaipur.

(4)The Authority may, with the prior approval of the State Government, establish itsoffices at other places in the State.

(5)The Authority shall consist of a Chairperson and such number of official and non-official members, as the State Government may appoint.

(6)The Chief Secretary of the State shall be the Chairperson of the Authority.

20. Powers and functions of the Authority.-The Authority shall exercise the

following powers and discharge the following functions, namely:-

(a)to specify, by regulations, the terms and conditions for appointment of Registrars

and enrolling agencies and revocation of appointments thereof;

(b)to expand existing electronic infrastructure for delivery of public welfare benefits

and other services to the beneficiaries;

(c)to create, monitor and maintain Jan-Aadhaar Resident Data Repository;

(d)to frame policy for the use of the Jan-Aadhaar Resident Data Repository;

(e)to recommend to the State Government for adding new services to the Jan-

Aadhaar Platform;

(f)to take appropriate steps for financial inclusion of the residents of the State in

collaboration with the line agencies;

(g)to monitor the implementation of its recommendations;

(h)to coordinate between different Government departments and government bodies;

(i)to monitor public welfare benefits and services provided through Jan-Aadhaar

Platform;

(j)to frame and amend the regulations;

(k)to appoint committees or task forces or groups or sub-committees as may be

necessary to assist the Authority in discharging its functions;

(l)to invite experts as and when required to its meetings;

(m)to acquire by purchase, exchange, lease, hire or otherwise any property movable

or immovable as may be necessary or convenient for carrying on the activities ofthe Authority;

(n)to accept aid, Corporate Social Responsibility or any other assistance;

(o)to borrow money from Government, Banks, Financial Institutions with prior

approval of the State Government;

(p)to design a common mechanism for synchronising and integrating different

databases available in the State and at the national level with Jan-AadhaarResident Data Repository;

(q)to design the precise and comprehensive Jan-Aadhaar Resident Data Repository

by de-duplicating the family and individual databases stored in different formats;

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(r)to maintain dashboards and generate analytical reports-

periodically and on-demand by the State Government;

(s)to coordinate with the technical teams of line departments;

(t)to create opportunities for the Institutional Finance (loaning) for weaker section

of the society by engaging various financial institutions (National Bank forAgriculture and Rural Development etc.);

(u)to coordinate with the banks for creation of Banking Correspondent Network;

(v)to appoint Banking Correspondent and manage Banking Correspondent Network;

(w)to augment infrastructure for propagation of digital payments and

Aadhaar Enabled Payments;

(x)to provide cash withdrawal and transactional facilities in

unbanked areas;

(y)to coordinate with the banks through State Level Bankers Committee and to

expand banking coverage;

(z)to expand credit and insurance schemes;

(za)to establish ATMs in revenue villages;

(zb)to regulate the e-Mitra network through framing regulations under the Authority;

(zc)to maintain and augment e-Mitra network;

(zd)to refurbish the present network of e-Mitra by strengthening the kiosks with more

automation and mechanisation;

(ze)to develop e-Mitra as physical delivery Repository for e-Commerce services;

(zf)to ensure delivery of certificates etc. at the doorstep by the e-Mitra

through incentivising the e-Mitra for delivery;

(zg)to establish and maintain the e-Mitra Plus Kiosk network;

(zh)to train e-Mitra kiosk operators with the help of officials from banks, line

departments and e-commerce experts; and

(zi)to exercise such other powers and discharge such other functions as may be

necessary, incidental or conducive, for carrying out the purposes of this Act.

21. Term of office and other conditions of service of the non-official member.-(1)

A non-official member of the Authority shall hold office for a term of three years from thedate on which he enters upon his office or during the pleasure of the State Government,whichever is earlier.

(2)The allowances payable to, and other terms and conditions of service of the non-official member shall be such as may be prescribed.

(3)The non-official member may resign his office by giving notice in writing to theState Government and on such resignation being accepted by the State Government, suchnon-official member shall be deemed to have vacated his office.

22. Meetings of the Authority.- (1) The Authority shall meet at least once in a year at

such place and such time as its Chairperson may decide and shall observe such rules ofprocedure, including quorum at such meetings, in regard to the transaction of the business atits meetings, as may be laid down by regulations.

(2)The Chairperson, or, if for any reason he is unable to attend any meeting of theAuthority, any other member chosen by the members present at the meeting, shall presideover the meeting.

(3)All questions which come up before any meeting of the Authority shall be decidedby a majority of the votes of the members present and voting, and, in the event of an equalityof votes, the Chairperson, or in his absence, the person presiding, shall have and exercise asecond or casting vote.

23. Constitution of the Executive Committee.-(1)The State Government shall, by

notification, constitute an Executive Committee of the Authority.भाग 4 (क ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍ 171

(2)The Executive Committee shall exercise such powers and perform such duties asmay be delegated to it by the Authority from time to time.

(3)The Executive Committee shall meet at least once in three months at such placeand such time, as its Chairperson may decide and shall observe such rules of procedure,including quorum at such meetings, in regard to the transaction of the business at itsmeetings, as may be laid down by regulations.

(4)The Chairperson or, if for any reason he is unable to attend any meeting of theExecutive Committee, any other member chosen by the members present at the meeting shallpreside over the meeting.

(5)All questions which come up before any meeting of the Executive Committeeshall be decided by a majority of the votes of the members present and voting, and, in theevent of an equality of votes, the Chairperson, or in his absence, the person presiding, shallhave and exercise a second or casting vote.

24. Authentication of orders of the Authority and Executive Committee.-All

orders, decisions and other instruments of the Authority and the Executive Committee shallbe authenticated by the signatures of the Chairperson of the Authority or, as the case may be,the Executive Committee or any other member or any officer of the Authority or, as the casemay be, the Executive Committee authorized by it in this behalf.

25. Appointment of the Director General.- There shall be appointed by the State

Government an officer not below the rank of the Secretary to the Government to be theDirector General of the Authority. He shall, subject to the general control of the Authority,exercise the following powers, perform the following functions and discharge the followingduties, namely:-

(a)to supervise and control all officers and servants of the Authority;

(b)to work out modalities of delivery of the public welfare benefits and other

services and ensure their effective monitoring and implementation;

(c)to manage the properties, records and funds of the Authority;

(d)to maintain true and proper accounts of the Authority including checking and

auditing in respect thereof periodically;

(e)to prepare annual income and expenditure accounts and balance sheet of the

Authority;

(f)to maintain up-to-date and complete statistical information, including progress

made in the implementation of various programmes from time to time;

(g)to process project proposals for financial assistance and issue utilization

certificates thereof;

(h)to convene meetings, seminars and workshops connected with the main

objectives of the Authority and preparation of reports and follow-up actionthereon;

(i)to produce video, documentary films, publicity material, literature and

publications to inform general public about the various aspects of theAuthority; and

(j)to perform such other functions as may be delegated to him by the Authority.

26. Appointment of officers and employees.- (1) The Authority may, with the prior

approval of the State Government, create such number and category of posts of officers andother employees in the Authority as it may consider necessary to carry out its functions underthis Act and may make appointment thereto.

(2)The salary and allowances and other terms and conditions of service of the officersand employees of the Authority shall be such as may be determined by the Authority byregulations with the prior approval of the State Government and shall be paid out from theFund.

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थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क½CHAPTER-VIIGrants, Accounts, Audit and Annual Report

27. Grants by the State Government to the Authority.-The State Government shall,

after due appropriation made by the State Legislature by law in this behalf, pay to theAuthority by way of grants such sum of money as the State Government may think fit forbeing utilise for the purposes of this Act.

28. Fund of the Authority.-(1) There shall be established a fund known as the

Rajasthan Jan-Aadhaar Authority Fund for the purposes of this Act.

(2)In addition to the sum of money paid by the State Government under section 27,the following shall be credited to the Fund, namely:-

(a)aids and loans raised by the Authority with the prior approval of the Finance

Department;

(b)any sum of money received by the Authority by way of fees;

(c)any other sum of money received by the Authority with the prior approval of

the Finance Department.

(3)The Fund shall be utilised by the Authority to meet out the expenses incurredin carrying out the purposes of this Act including payment of allowances to the non-officialmembers of the Authority, payment of salaries and allowances to the officers and staff of theAuthority.

29. Budget of the Authority.- (1)The Authority shall prepare in each financial year,

in such form and at such time as may be prescribed, its budget for the next financial year,showing the estimated receipts and expenditure of the Authority and forward the same for theapproval of the State Government.

(2)The Authority shall not incur any expenditure otherwise than in accordance withthe budget provisions as approved by the State Government.

30. Annual report.- The Authority shall prepare, in such form and at such time as

may be prescribed, its annual report, giving a full account of its activities during the previousfinancial year and its plans for the forthcoming year, and submit a copy thereof to the StateGovernment. Every annual report shall also contain a review of the performance of theAuthority in respect of the plans contained in the preceding annual report.

31. Accounts and audit.- (1) The accounts of the Authority shall be maintained in

such form and manner as may be prescribed and shall be audited by the Director of LocalFund Audit Department or by such other person or body as the State Government maydetermine from time to time.

(2)The Authority shall furnish to the State Government before such date as may beprescribed a copy of its audited accounts together with the auditor’s report thereon.

32. Annual report and auditor’s report to be laid before the House of the State

Legislature.- The State Government shall cause the annual report of the Authority and theauditor’s report to be laid, as soon as may be, after they are received, before the House of theState Legislature.CHAPTER-VIIIOffences and Penalties

33. Penalty for non-compliance of provisions relating to security and

confidentiality of information.- Whoever shares or publishes the identity information andphotograph of a Jan-Aadhaar card holder in contravention of the section 10 shall bepunishable with fine which may extend to ten thousand rupees and shall be liable tocompensate the person who is adversely affected by such contravention.

34. Penalty for unauthorised use by requesting entity.-Whoever, being a requesting

entity, uses the identity information of an individual in contravention of section 12 shall beभाग 4 (क ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍ 173punishable with fine which may extend to ten thousand rupees and shall be liable tocompensate the person who is adversely affected by such contravention.

35. Offences by companies.-(1) Where an offence under this Act has been committed

by a company, every person who at the time the offence was committed was in charge of, andwas responsible to, the company for the conduct of the business of the company, as well asthe company, shall be deemed to be guilty of the offence and shall be liable to be proceededagainst and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liableto any punishment provided in this Act if he proves that the offence was committed withouthis knowledge or that he had exercised all due diligence to prevent the commission of suchoffence.

(2)Notwithstanding anything contained in sub-section (1), where any offence underthis Act has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to, any neglect on the part ofany director, manager, secretary or other officer of the company, such director, manager,secretary or other officer shall also be deemed to be guilty of the offence and shall be liable tobe proceeded against and punished accordingly.Explanation.— For the purposes of this section-

(a)“company” means any body corporate and includes a firm or other association of

individuals; and

(b)“director” in relation to a firm, means a partner in the firm.

CHAPTER-IXMiscellaneous

36. Members, officers, etc., to be public servants.-The Chairperson and members of

the Authority and the Executive Committee and officers and other employees of theAuthority and the Executive Committee shall be deemed, while acting or purporting to act inpursuance of any of the provisions of this Act, to be public servants within the meaning ofsection 21 of the Indian Penal Code (Central Act No. 45 of 1860).

37. Power of State Government to issue directions.-(1) Without prejudice to the

foregoing provisions of this Act, the Authority shall, in exercise of its powers or theperformance of its functions under this Act, be bound by such directions on questions ofpolicy, as the State Government may give, in writing to it, from time to time.

(2)The decision of the State Government, whether a question is one of policy or not,shall be final.

38. Delegation of powers and functions.- The Authority may, by general or special

order in writing, delegate to the Executive Committee, any member or officer of theAuthority or any other person, subject to such conditions, if any, as may be specified in theorder, such of its powers and functions under this Act, except the power under section 40, asit may deem necessary.

39. Protection of action taken in good faith.- No suit, prosecution or other legal

proceeding shall lie against the State Government or the Authority or the ExecutiveCommittee or the Chairperson or any member of the Authority or the Executive Committeeor any officer or other employee of the Authority or the Executive Committee for anythingwhich is in good faith done or intended to be done under this Act or the rule or regulationmade thereunder.

40. Power of State Government to make rules.- The State Government may, by

notification, make rules to carry out the provisions of this Act.

174. ‍ राजस्‍

थान र राज-्र, मार्च‍1 , 0 0 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क½

41. Power of Authority to make regulations.- The Authority may, by notification,

make regulations consistent with this Act and the rules made thereunder to provide for thematters which are required by this Act to be provided by regulation.

42. Rules and regulations to be laid before the House of the State Legislature.-

Every rule and regulation made under this Act shall be laid, as soon as may be after it is somade, before the House of the State Legislature, while it is in session, for a period of not lessthan fourteen days which may be comprised in one session or in two or more successivesessions and if before the expiry of the session in which it is so laid or of the sessionsimmediately following, the House of the State Legislature makes any modification in the ruleor regulation or resolves that the rule or regulation should not be made, the rule or regulationshall thereafter have effect only in such modified form or be of no effect, as the case may be,so, however, that any such modification or annulment shall be without prejudice to thevalidity of anything previously done thereunder.

43. Application of other laws not barred.- The provisions of this Act shall be in

addition to, and not in derogation of, any other law for the time being in force.

44. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the

provisions of this Act, the State Government may, by order, published in the Official Gazette,make such provisions not inconsistent with the provisions of this Act as may appear to benecessary for removing the difficulty:Provided that no such order shall be made under this section after the expiry of twoyears from the commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after it ismade, before the House of the State Legislature.

45. Repeal and Savings.- (1) The Rajasthan Jan-Aadhaar Authority Ordinance, 2019

(Ordinance No. 4 of 2019) is hereby repealed.

(2)Notwithstanding such repeal, all things done, actions taken or orders made underthe said Ordinance shall be deemed to have been done, taken or made under this Act.धवन रोद‍कु मार‍भारवान री,Principal Secretary to the Government.राज्य णे न्‍दरीय मुरणालय, जयपुर।

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State of Rajasthan - Act