New delhi sources stated that the Unique Identification Authority of india (UIDAI) hopes to select, in the next month and half, an adjudicating officer who will hold inquiry in cases entailing contravention of provisions of Aadhaar Act that will now attract civil penalty, according to a source. Earlier the Parliament this month passed an amendment bill which allows voluntary use of Aadhaar as proof of identity for users to open bank accounts and get mobile phone connections.
Furthermore the Aadhaar and other laws (amendment) Act also provided for a stiff penalty of up to Rs one crore for entities that fail to comply with the provisions of the Act, its rules and directions, with added fine of up to Rs 10 lakh for each day during which the failure continues after the first violation. Apparently for the purpose of such adjudication under Section 33 A and imposing penalty, the amendments provide for appointment of an adjudicating officer for holding inquiry, based on complaint made by Aadhaar issuing body, UIDAI.
Accordingly UIDAI hopes to select the adjudicating officer in next month and half and the source, however, clarified that the new provisions will not be applicable to pending cases of non compliance. Moreover these clauses will only apply to new cases, and there is no retrospective effect and the amendments, provide for the adjudicating officer to give the entity against whom complaint has been filed, an opportunity of being heard.
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