The Central Government notified Unique Identification Authority of India (Adjudication of Penalties) Rules, 2021 under which the Authority may initiate a complaint against an entity for failure to comply with the Act.
Key Highlights:
- Manner of appointment, qualification and experience of the Adjudicating Officer.– The Adjudicating Officer shall be appointed by the Authority who shall be an officer not below the rank of Joint Secretary to the Government of India; possess working experience of ten years or more in the Central Government or State Government or Public Sector Undertaking or Union territory administration or Autonomous or Statutory Organisation on regular basis; and possess administrative or technical knowledge in any of the disciplines of law, management, information technology or commerce with at least three years of experience in this regard.
- Manner of making complaint to the Adjudicating Officer: The complaint shall be made to the Adjudicating Officer by the Authority in a manner which clearly indicates the nature of contravention, relevant provision of the Act or rule or regulation or direction issued by the Authority and the maximum penalty which can be imposed on the person or entity and as far as possible, the timing, place of contravention along with documents in support of such contravention.
- Manner of holding inquiry into the complaint: The Adjudicating Officer, before adjudging penalty, must issue a notice to the person or entity alleged to have committed the contravention, requiring him or it to show cause, within such period as the notice may specify (being not less than thirty days from the date of service thereon), as to why the penalty should not be imposed on him or it.
- Form and manner of appeal against the order of the Adjudicating Officer: Every appeal against the order of
the Adjudicating Officer must be filed in writing before the Telecom Disputes Settlement and Appellate Tribunal as
per Form ‘A’. - Fee for filing appeal: The fee to be accompanied with an appeal filed must be the same as specified under the Telecom Disputes Settlement and Appellate Tribunal (Form, Verification and the Fee for filing an appeal) Rules, 2003 as amended from time–to–time.