The rajasthan jan-aadhaar authority act, 2020

THE RAJASTHAN JAN-AADHAAR AUTHORITY ACT, 2020 
(Act No. 3 of 2020) 
 
(Received the assent of the Governor on the 27th day of February, 2020)  
 
An  
 
Act 
 
to provide for, as a measure for good governance, efficient, transparent and  
targeted delivery of public welfare benefits and services to the individual residing in 
the State of Rajasthan, 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 for matters connected therewith or incidental thereto. 
Be it enacted by the Rajasthan State Legislature in the Sevent y-first Year of 
the Republic of India, as follows:– 
 
CHAPTER-I 
Preliminary 
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 18th December, 
2019.  
2. Definitions.-(1) In this Act, unless the context otherwise requires,— 
(a) ―Aadhaar number‖ means an identification number issued  to an 
individual under sub-section (3) of section 3 of the Central Act;  
(b) "authentication" means the process by which the Aadhaar number  along 
with demographic information and biometric information of an individual 
is submitted to the Central Identities Data Repository  and the Jan -
Aadhaar ID to the Jan-Aadhaar Resident Data Repository  for  its 
verification and such Repository verifies the correctness, or the lack 
thereof, on the basis of information available with it; 
(c) ―Authority‖ means the Rajasthan Jan-Aadhaar Authority established and 
constituted under section 19; 
(d) ―biometric information‖ means photograph, finger print, iris scan, or such 
other biological attributes of an individual specified by th e Central 
Government; 
(e) ―Central Act‖ means the Aadhaar (Targeted Delivery of Financial and 
Other Subsidies, Benefits and Services) Act, 2016 (Central Act No.18 of 
2016); 
(f) ―demographic information‖ includes information relating to the name, 
date of birth, add ress, caste, tribe, records of entitlement, income and 
medical history and other 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 or adoption 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 substantially       
financed by the State Government; 
(k) ―Head of the family‖ means a woman member of the family of the age    
of eighteen years or above, declared by the family members in the 
prescribed manner as head of the family: 
    Provided that in case a family has no woman member of the age 
of eighteen years or above at the time of enrolment, any male member of 
the family of the age of twenty one years or above may be declared to be 
the head of the family till an eligible woman member of the family takes 
his place; or in case a family has no male member of the age of twenty 
one years or above at the time of enrolment, any eldest member of the 
family of any gender, may be declared as head of the family by the family 
members. If such head of the family is a male, he can 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 
Aadhaar number 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 the resident and the Government department/government body 
created under the provisions of this Act;  
(o) ―Jan-Aadhaar Resident Data Repository‖ means the Jan-Aadhaar Resident 
Data Repository 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 or any payment, whether in cash or kind, provi ded by the State 
Government directly or through a government body to an individual or a 
family and includes such other benefits as may be notified by the State 
Government from time to time;  
(r) ―Records of entitlement‖ means records of public welfare bene fits and 
services under any programme or scheme for which any family or any of 
its members is entitled to; 
(s) "Registrar" means any entity authorised or recognised by the Authority for 
the purpose of enrolment under this Act; 
(t) ―Regulations‖ means the r egulations made by the Authority under this 
Act; 
(u)  ―Requesting entity‖ means a Government Department or government 
body that submits the Jan -Aadhaar ID, identity information and 
photograph (if required) to the Jan-Aadhaar Resident Data Repository for 
authentication; 
(v) "resident", with all its grammatical variations, means a resident who has 
resided in a local area of Rajasthan for the past six months or more or a 
person who intends to 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 in any form to a family or an individual and includes such other 
services as may be notified by the State Government from time to time; 
(y) " Verification" means the process of verifying the correctness of the 
identity information submitted by the Head of the Family or any adult 
member at the time of enrolment. 
(2) Words and expressions used in this Act but not defined herein above shall 
have the same meanings as respectively assigned to them under the Central Act. 
 
CHAPTER-II 
Authentication 
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 purpose of establishing identity of an individual  as a condition for receipt of 
public welfare benefits and services for which the expenditure is incurred from the 
Consolidated Fund of the State, require that such individual undergo authentication, 
or furnish proof of possession of Aadhaar number and/or Jan-Aadhaar ID or in the 
case of an individual to whom no Aadhaar number and no Jan-Aadhaar ID has been 
assigned, such individual makes an application for enrolment: 
Provided that till such time an Aadhaar number and/or Jan-Aadhaar ID is not 
assigned to an individual, the individual shall be offered alternate and viable means 
of identification for delivery of public welfare benefits and services. 
4. Notifying schemes by the Sta te Government. - The State Government 
shall, from time to time, notify public welfare benefits and services for which such 
authentication or proof 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-III 
Jan-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 Card by submitting identity information and photograph of all its 
members in the prescribed manner.  
(2) On receipt of the identity information and photograph of the members of 
the family under sub-section (1), the Authority shall, after verifying the information 
in such manner, as may be prescribed, enrol the family and assign to the family a 
unique Jan-Aadhaar ID 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 
attributes or identity of the Jan-Aadhaar ID holder. 
(3) A Jan-Aadhaar ID, in physical or electronic form subject to authentication 
and other conditions, as may be prescribed, shall be accepted as proof of identity 
and proof of address of the family members for the purpose of public welfare 
benefits and services and may also be accepted as proof of identi ty 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 of the 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 of such fees, if any, as may be prescribed. 
(2) If any member of the family so desires by an application made in this 
behalf, he may also be issued an individual Jan-Aadhaar card in such form, in such 
manner and on payment of such fees, if any, as may be prescribed. 
 
 
 
CHAPTER-IV 
Jan-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-Aadhaar card holders as the Jan-Aadhaar Resident Data Repository in such 
manner as may be prescribed.  
(2) The Authority may engage any agency, as it may deem appropriate, to 
create and maintain the Jan-Aadhaar Resident Data Repository and to perform any 
other functions relating 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 in place appropriate technical and organisational 
security measures for the information; and 
(c) Ensure that the agreements or arrangements entered into with such 
agencies, consultants, advisors or other persons, impose obligations 
equivalent to those imposed on the Authority under this Act, and 
require such agencies, consultants, advisors or other persons to act only 
on instructions from the Authority. 
(3) Save as otherwise provided in this Act, the Authority or any of its officers 
or o ther employees 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 -Aadhaar Resident Data Repository or authentication 
record to anyone except in accordance with any law for the time being in force: 
Provided that any information of Jan -Aadhaar card holder stored in the Jan -
Aadhaar Resident Data Repository may be revealed to such holder on a request 
made by him in the manner specified in regulations. 
(4) The provisions of Chapter VI of the Central Act shall mutatis mutandis 
apply to Protection of Information under this Act. 
11. Restriction on sharing information. - (1) No identity information and 
photograph of Jan-Aadhaar card holder collected under t his Act and Jan -Aadhaar 
ID shall be shared with anyone, 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 f or such purposes, as may be 
prescribed. 
(3)  Jan-Aadhaar ID, identity information and photograph may be used by the 
Government for identifying beneficiaries for welfare schemes and disseminating 
information in 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 
specified for the  Jan -Aadhaar ID holder at the time of submitting the 
request for authentication of identity information; and 
(b) Shall not be disclosed further without the prior consent of the Jan -
Aadhaar ID holder. 
 (2)  A requesting entity may share the authenti cation logs of a Jan -Aadhaar 
ID holder with 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 found incorrect or changes subsequently, the head of the family or any 
other adult member of the family may request the Authority to alter such identity 
information or photograph, as the case may be, in the record of the family in the 
Jan-Aadhaar Resident Data Repository in such manner, as may be prescribed.  
 (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 be required in the Jan-Aadhaar Resident Data Repository, and 
intimate such alteration to the head 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 Data 
Repository shall be altered except in the manner provided in this Act. 
 
CHAPTER-V 
Delivery 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 
public welfare benefits and services, notify the list of the services under section 7 of 
the Central Act to be delivered through Jan-Aadhaar Platform. 
(2) The Authority shall endeavour to deliver public welfare benefits and 
services to  the beneficiaries at their doorsteps or at the places nearby to their 
residences through e -Mitra network or through such other means, as it may deem 
fit. 
(3) The Administration, control and management of the e-Mitra network shall 
vest in the 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 nature of cash shall, after authentication, be transferred directly to 
the bank account of the beneficiary, and in case the public welfare benefits pertain 
to a family, to the bank account of the 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 Gover nment, through government department or government 
body shall deliver all public welfare benefits and services as notified under section 
4 and section 14, after authentication, through the Jan-Aadhaar Platform. 
(2) Every department shall seed its departmen tal database of a family or any 
of its members pertaining to public welfare benefits notified under section 14 with 
the Jan-Aadhaar ID, bank account number and Aadhaar number in such manner, as 
may be prescribed. 
 (3) Once the seeding of the departmental d atabase is completed, the 
departments shall not create any further database at its own level and shall use 
identity information and photograph of a family or any of its members available in 
Jan-Aadhaar Resident Data Repository for transfer of any public we lfare benefits 
and delivery of service in future.  
17. Transaction mapper. - Every transaction of public welfare benefit s or 
services notified under section 7 of the Central Act and the public welfare benefits 
or services notified under section 4 of this Act shall be recorded electronically in 
such manner, as may be prescribed.  
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 in rura l areas and the Ward Committees in urban areas or any other 
forum specified by the State Government by notification. 
(2) Particulars of the delivery of public welfare benefits shall invariably be 
uploaded on 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 the Rajasthan Panchayati Raj Act, 1994 (Act No.23 of 1994) and the Rajasthan 
Municipalities Act, 2009 (Act No.18 of 2009).   
 
CHAPTER-VI 
Rajasthan 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 and constitute an  Authority to be called as the Rajasthan Jan-
Aadhaar Authority to exercise powers and discharge functions of the Authority 
under this Act or the rules or regulations made thereunder. 
(2) The Authority shall be a body corporate by the name aforesaid, having 
perpetual succession 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 the said 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 its offices 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 reg ulations, 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 st eps 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 of the 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-Aadhaar Resident 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; 
(r) to maintain dashboard s 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 engagin g various financial institutions (N ational 
Bank for Agriculture and Rural Development etc.); 
(u) to co ordinate with the banks for creation of B anking Correspondent 
Network; 
(v) to appoint Banking Correspondent and manage B anking 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 o ther 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 the date 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 the State Government and on such resignation being accepted by the State 
Government, such non-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 of procedure, including quorum at such meetings, in rega rd to the 
transaction of the business at its meetings, as may be laid down by regulations. 
(2) The Chairperson, or, if for any reason he is unable to attend any meeting 
of the Authority, any other member chosen by the members present at the meeting, 
shall preside over the meeting.  
(3) All questions which come up before any meeting of the Authority shall be 
decided by a majority of the votes of the members present and voting, and, in the 
event of an equality of votes, the Chairperson, or in his absence, the  person 
presiding, shall have and exercise a second or casting vote.  
23. Constitution of the Executive Committee. - (1)The State Government 
shall, by notification,  constitute an Executive Committee of the Authority. 
 (2) The Executive Committee shall exer cise such powers and perform such 
duties as may 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 
place and 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 its meetings, as may be laid down by regulations. 
(4) The Chairperson or, if for any reason he is unable to attend any meeting 
of the Executive Committee, any other member chosen by the members present at 
the meeting shall preside over the meeting.  
(5) All questions which come up before any meeting of the Executive 
Committee shall be decided by a majority of the votes of the members present and 
voting, and, in the event of an equality of votes, the Chairperson, or in his absence, 
the person presiding, shall have and exercise a second or casting vote. 
24. Authentication of orders of the Authority and Executive Committee. -
All orders, decisions and other inst ruments of the Authority and the Executive 
Committee shall be 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 case may be, th e 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 the Director 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 following duties, namely:- 
(a)  to supervise and control all officers and servants of the Authority; 
(b)  to work out modal ities 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 p rogrammes 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 fo llow-up 
action thereon; 
(i) to produce video, documentary films, publicity material, literature and 
publications to inform general public about the various aspects of the 
Authority; 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 and other employees in the Authority as it may consider necessary 
to carry out its functions under this Act and may make appointment thereto.  
(2) The salary and allowances and other terms and conditions of service of 
the officers and employees of the Authority shall be such as may be determined by 
the Authority by regulations with the pr ior approval of the State Government and 
shall be paid out from the Fund.  
 
 
 
CHAPTER-VII 
Grants, 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 L egislature by law in 
this behalf, pay to the Authority by way of grants such sum of money as the State 
Government may think fit for being 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 
incurred in carrying out the purposes of this Act including payment of allowances to 
the non-official members of the Authority, payment of salaries and allowances to 
the officers and staff of the Authority.  
29. Budget of the Auth ority.- (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 the approval of the State Government.  
(2) The Authority shall not incur any expenditure otherwise than in 
accordance with the 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 previous financial year and its plans for the forthcoming year, and submit 
a copy thereof to the State Government. Every annual report shall also contain a 
review of the performance of the Authority 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 Local Fund Audit Department or by such other person or body as the 
State Government may determine from time to time.  
(2) The Authority shall furnish to the State Government before such date as 
may be prescribed a copy of its audited accounts together w ith 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 the auditor’s report to be laid, as soon as may be, aft er they are 
received, before the House of the State Legislature.   
 
 
CHAPTER-VIII 
Offences and Penalties 
33. Penalty for non -compliance of provisions relating to security and 
confidentiality of information. - Whoever shares or publishes the identity 
information and photograph of a Jan -Aadhaar card holder in contravention of the 
section 10 shall be punishable with fine which may extend to ten thousand rupees 
and shall be liable to compensate 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 be punishable with fine which may extend to ten thousand rupees 
and shall be liable to c ompensate 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, and was responsi ble to, the company for the conduct of the 
business of the company, as well as the company, shall be deemed to be guilty of 
the offence and shall be liable to be proceeded against and punished accordingly: 
 Provided that nothing contained in this sub -section shall render any such 
person liable to any punishment provided in this Act if he proves that the offence 
was committed without his knowledge or that he had exercised all due diligence to 
prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), where any offence 
under this Act has been committed by a company and it is proved that the offence 
has been committed with the consent or connivance of, or is attributable to, any 
neglect on the part of any director, manage r, 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 to be 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-IX 
Miscellaneous 
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 the Authority  and the Executive Committee shall be deemed, while 
acting or purporting to act in pursuance of any of the provisions of this Act, to be 
public servants within the meaning of section 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 the performance of its functions under this Act, be bound by such directions on 
questions of policy, 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 the Authority or any other person, subject to such conditi ons, if any, as 
may be specified in the order, such of its powers and functions under this Act, 
except the power under section 40, as it 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 
Executive Committee or the Chairperson or any member of the Authority or the 
Executive Committee or any officer or other employee of the Authority  or the 
Executive Committee for anything which is in  good faith done or intended to be 
done under this Act or the rule or regulation made 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. 
41. Power of Auth ority to make regulations. - The Authority may, by 
notification, make regulations consistent with this Act and the rules made 
thereunder to provide for the matters 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 so made, before the House of the State Legislature, while it is in 
session, for a period of not less than fourteen d ays which may be comprised in one 
session or in two or more successive sessions and if before the expiry of the session 
in which it is so laid or of the sessions immediately following, the House of the 
State Legislature makes any modification in the rule o r regulation or resolves that 
the rule or regulation should not be made, the rule or regulation shall 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 wi thout prejudice to the 
validity 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 be necessary for removing the difficulty: 
 Provided that no such order shall be made under this section after the expiry 
of two years from the commencement of this Act. 
(2) Every order made under this section shall be laid, as soon as may be after 
it is made, 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 under t he said Ordinance shall be deemed to have been done, taken or made 
under this Act. 
 
विनोद कु मार भारिानी, 
Principal Secretary to the Government 
 

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