Section 33 in The Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits and Services) Act 2016

Title: Disclosure of information in certain cases

Description: (1) Nothing contained in sub-section (2) or sub-section (5) of section 28 or sub-section (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a 1[Judge of a High Court]: Provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the Authority 2[and the concerned Aadhaar number holder]. 2[Provided further that the core biometric information shall not be disclosed under this sub-section.] (2) Nothing contained in sub-section (2) or sub-section (5) of section 28 and clause (b) of sub-section (1), sub-section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not below the rank of 3[Secretary] to the Government of India specially authorised in this behalf by an order of the Central Government: Provided that every direction issued under this sub-section, shall be reviewed by an Oversight Committee consisting of the Cabinet Secretary and the Secretaries to the Government of India in the Department of Legal Affairs and the Department of Electronics and Information Technology, before it takes effect: Provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the Oversight Committee. 1. Subs. by s. 14, ibid., for “District Judge” (w.e.f. 25-7-2019). 2. Ins. by s. 14, ibid. (w.e.f. 25-7-2019).. 3. Subs. by Act 14 of 2019, s. 14, for "Joint Secretary" (w.e.f. 25-7-2019).

Title: Penalty for failure to comply with provisions of this Act rules regulations and directions

Description: 1[33A. Penalty for failure to comply with provisions of this Act, rules, regulations and directions.-- (1) Where an entity in the Aadhaar ecosystem fails to comply with the provision of this Act, the rules or regulations made there under or directions issued by the Authority under section 23A, or fails to furnish any information, document, or return of report required by the Authority, such entity shall be liable to a civil penalty which may extend to one crore rupees for each contravention and in case of a continuing failure, with additional penalty which may extend to ten lakh rupees for every day during which the failure continues after the first contravention. (2) The amount of any penalty imposed under this section, if not paid, may be recovered as if it were an arrear of land revenue.] 1. Ins. by s. 15 (w.e.f. 25-7-2019)

Title:  Power to adjudicate

Description: 1[33B. Power to adjudicate.-- (1) For the purposes of adjudication under section 33A and imposing a penalty there under, the Authority shall appoint an officer of the Authority, who is not below the rank of a Joint Secretary to the Government of India and possessing such qualification and experience as may be prescribed, to be an Adjudicating Officer for holding an inquiry in such manner as may be prescribed. (2) No inquiry under sub-section (1) shall be initiated except by a complaint made by the Authority. (3) While holding an inquiry, the Adjudicating Officer shall-- (a) provide the entity in the Aadhaar ecosystem against whom complaint is made, an opportunity of being heard; (b) have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. (4) If the Adjudicating Officer, on such inquiry, is satisfied that the entity in the Aadhaar ecosystem has failed to comply with any provision of this Act or the rules or regulations made there under or directions issued by the Authority under section 23A, or has failed to furnish any information, document, or return of report required by the Authority, the Adjudicating Officer may, by order, impose such penalty under section 33A as he thinks fit.] 1. Ins. by s. 15 (w.e.f. 25-7-2019).

Title: Appeals to Appellate Tribunal

Description: 1[33C. Appeals to Appellate Tribunal.-- (1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), shall be Appellate Tribunal for the purposes of hearing appeals against the decision of the Adjudicating Officer under this Act. (2) A person or entity in the Aadhaar ecosystem aggrieved by an order of the Adjudicating Officer under section 33B, may prefer an appeal to the Appellate Tribunal within a period of forty-five days from the date of receipt of the order appealed against, in such form and manner and accompanied with such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (3) On receipt of an appeal under sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the Adjudicating Officer. (5) Any appeal filed under sub-section (2) shall be dealt with by the Appellate Tribunal as expeditiously as possible and every endeavour shall be made by it to dispose of the appeal within six months from the date on which it is presented to it. (6) The Appellate Tribunal may, for the purpose of deciding an appeal before it, call for the records relevant to disposing of such appeal and make such orders as it thinks fit.] 1. Ins. by s. 15 (w.e.f. 25-7-2019).

Title: Procedure and powers of the Appellate Tribunal

Description: 1[33D. Procedure and powers of the Appellate Tribunal.-- The provisions of sections 14-I to 14K (both inclusive), 16 and 17 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, mutatis mutandis, apply to the Appellate Tribunal in the discharge of its functions under this Act, as they apply to it in the discharge of its functions under that Act.] 1. Ins. by s. 15 (w.e.f. 25-7-2019).