[18th
December 2023] The following rules made by
the Inspector General of Registration, State of Gujarat, in exercise of the
powers conferred upon him by clause (j) of sub-section (1) of the section 69 of
the Registration Act, 1908 (XVI of 1908), having been approved by the Government
of Gujarat required under sub-section (2) of section 69 of the aforesaid Act,
are hereby published for general information, namely:- (1)
These rules may be called the Gujarat
Registration (Identity Verification for the Registration of Documents), Rules,
2023. (2)
They shall come into force on the date of
their publication in the Official Gazette. In these rules unless the
context otherwise requires, - (1)
"Act" means the Registration Act,
1908 (XVI of 1908); (2)
"Aadhaar Number" means a twelve
digit unique identification number generated and issued to an individual by the
Unique Identification Authority of India (UIDAI) after de-duplication of
demographic and biometric information pertaining to the individual; (3)
"Consent based Aadhaar Authentication
Service" means the electronic authentication carried out by the Unique
Identification Authority of India (UIDAI) or agencies appointed by it, after
matching the biometric information of an individual at his request or with his
consent, with the information maintained by UIDAI in its own central servers,
and includes a Yes/No response or a response containing the demographic
information and photograph of the individual; (4)
"UIDAI" means the Unique
Identification Authority of India. Any person appearing before
registering officer for the purpose of clause (b) of sub-section (3) section 34
or being examined in accordance with sub-section (2) of section 35 of the Act
may utilize the facility of Consent-based Aadhaar Authentication Service to
fulfil requirements of the aforementioned sections of the Act in accordance
with these rules. Where the option of using
the Consent based Aadhaar Authentication Service is utilized, the following
procedure shall be adopted by the registering officer, namely:- (a)
The explicit consent of such person, either
in electronic format or in paper format, for the use of the Consent based
Aadhaar Authentication Service shall be obtained; (b)
Upon granting of consent, the 12 (twelve)
digit Aadhaar number, along with the finger print scan or iris scan of the
person shall be entered into the UIDAI system through registration software,
matching with either finger print or iris of a person shall be sufficient for
the purpose of these rules. (c)
Upon authentication, the UIDAI system shall
automatically, return the Consent based Aadhaar Authentication data of the
person/user. (d)
The information generated through Consent
based Aadhaar Authentication Service along with the unique transaction code for
that authentication shall be printed in the summary reports generated through
the Registration Software and the summary report along with the unique
transaction code, shall also be stored in the appropriate electronic format. Notwithstanding anything
contained in these rules,- (a)
in case of the party appearing for admitting
execution, whose identity has been verified through Consent based Aadhaar
Authentication Service, the registering officer in order to satisfy himself
about the identity of the said party, shall not examine any other persons; (b)
in any other cases, the registering officer,
in order to satisfy himself about the identity of party, may examine persons
whose identity has been verified through Consent-based Aadhaar Authentication
Service and verify the same from the system of UIDAI. In accordance with sections
34 and 35 of the Act read with section 4 and 6 of the Information Technology
Act, 2000 (XXI of 2000), the information generated through Consent based
Aadhaar Authentication Service, the purpose of clause (b) of sub-section (3) of
section 34 and subsection (2) of section 35 shall be deemed to fulfil the
requirements of identification of the executant under the said section.3.Gujarat
Registration (Identity Verification For The Registration Of Documents), Rules,
2023