RAJASTHAN JAN-AADHAAR AUTHORITY RULES, 2021

PREAMBLE

In exercise of the powers conferred by section 40 of the Rajasthan Jan-Aadhaar Authority Act, 2020 (Act No 3 of 2020), the State Government hereby makes the following rules, namely:-

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Rajasthan Jan-Aadhaar Authority Rules, 2021.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the subject or context otherwise requires.-

(a)      "Act" means the Rajasthan Jan-Aadhaar Authority Act, 2020 (Act No 3 of 2020);

(b)      "annual report" means the annual report referred to in section 30 of the Act;

(c)      "authentication facility" means the facility provided by the Authority for verifying the identity information of a member of the Jan-Aadhaar ID holder family through the process of authentication;

(d)      "authentication record" means the record of the time of authentication and identity of the requesting entity and the response provided by the Authority thereto;

(e)      "Authentication Service Agency" means an entity providing necessary infrastructure for ensuring secure network connectivity and related services for enabling a requesting entity to perform authentication using the authentication facility provided by the Authority;

(f)       "Authentication User Agency" means a requesting entity which uses the Yes/No authentication facility provided by the Authority;

(g)      "Jan-Aadhaar Enrolment Number" means an enrolment ID allocated to family at the time of enrolment;

(h)     "Jan-Aadhaar ID Block" means the Family or member Identity Data element which includes necessary identity information and/or One Time Pin collected from the Jan-Aadhaar ID holder family or member during authentication;

(i)       "e-FA" means a type of electronic Family Authentication as carried out under rule 4;

(j)       "e-FA authentication facility" means a type of authentication facility in which Jan-Aadhaar ID and, Aadhaar number or registered mobile phone number of the Head of the Family are securely submitted by a requesting entity or the Head of the Family with the consent of the Head of the Family, is matched against the data available in the Jan-Aadhaar Resident Data Repository, and the Authority returns a digitally signed or e-signed response containing e-FA data along with other technical details related to the authentication transaction;

(k)      "e-FA data" means identity information and photographs of the Family and its members;

(l)       "e-MA" means a type of electronic Authentication of a member of a Family as carried out under rule 4;

(m)    "e-MA authentication facility" means a type of authentication facility of a member of a Family in which Jan-Aadhaar ID and, Aadhaar number or registered mobile phone number of the member are securely submitted by a requesting entity or the member with the consent of the member, is matched against the data available in the Jan-Aadhaar Resident Data Repository, and the Authority returns a digitally signed or e-signed response containing e-MA data along with other technical details related to the authentication transaction;

(n)     "e-MA data" means identity information, photograph and record of entitlement of the member of the Jan-Aadhaar ID holder family;

(o)      "e-Mitra" means a service kiosk manned by a certified operator with all the infrastructural facility to function as a "permanent enrolment centre" established by the enrolment agency;

(p)      "enrolment centre" means a centre or temporary centre set up by an enrolling agency for carrying out enrolment of families and updating their information; (q) "form" means form appended to these rules;

(q)      "Funds" means the funds of the Rajasthan Jan-Aadhaar Authority;

(r)      "information security policy" means the policy specified by the Authority under rule 29;

(s)      "operator" means the certified personnel employed by enrolling agencies to execute the process of enrolment at the enrolment centers;

(t)       "rule" means rule of these rules;

(u)     "schedule" means schedule appended to these rules;

(v)      "section" means section of the Act;

(w)     "seeding" means the process of electronically inserting Jan Aadhaar ID, Aadhaar Number, bank account number of a family or any of its members, in the databases of the public welfare schemes or services being provided by the government bodies;

(x)      "service provider" includes all entities engaged for discharging any function related to the enrolment or updating process;

(y)      "verifier" means the government official authorised by the Authority for verification of the documents and information given by the Head of the Family or any member of the family at the time of enrolment; and

(za) "Yes/No authentication facility" means a type of authentication facility in which the Jan Aadhaar ID along-with Aadhaar Number or registered mobile phone number securely submitted through a requesting entity, is then matched against the data available in the Jan-Aadhaar Resident Data Repository, and the Authority responds with an encrypted response containing "Yes" or "No", along with other technical details related to the authentication transaction but without sharing any identity information.

(2)     All other words and expressions used but not defined in these rules and defined in the Act or Information Technology Act, 2000 (Central Act No. 21 of 2000) shall have the same meanings as assigned to them in the Act or Information Technology Act, 2000 (Central Act No. 21 of 2000), as the case may be.

CHAPTER II AUTHENTICATION

Rule - 3. Types of Authentication.

There shall be two types of authentication facilities provided by the Authority, namely:-

(i)       Yes/No authentication facility, which may be carried out using any of the modes specified in sub-rule (2) of rule 4; and

(ii)      e-FA/e-MA authentication facility, which may be carried out only using One Time Pin as specified in sub-rule (2) of rule 4.

Rule - 4. Modes of Authentication.

(1)     An authentication request shall be entertained by the Authority only upon a request sent by a requesting entity or a person electronically in accordance with these rules and conforming to the specifications laid down by the Authority.

(2)     e-FA/e-MA based Authentication may be carried out through the following modes, namely:-

(a)      Identity authentication:

The Jan-Aadhaar ID and identity information of the Jan-Aadhaar ID holder obtained from the Jan-Aadhaar ID holder is matched with the identity information of the Jan-Aadhaar ID holder in the Jan-Aadhaar Resident Data Repository.

(b)      One Time Pin based authentication:

(i)       A One Time Pin with limited time validity is sent to the mobile number and/or e-mail address of the Jan-Aadhaar ID holder registered with the Authority, or generated by other appropriate means. The Jan-Aadhaar ID holder shall provide this One Time Pin alongwith his Jan-Aadhaar ID along with registered mobile phone number during authentication and the same shall be matched with the One Time Pin generated by the Authority.

(ii)      Authentication based on the Aadhaar Authentication Framework as described in clause (b) and (c) of sub-regulation (2) of regulation 4 of the Aadhaar (Authentication) Regulations, 2016.

(3)     A requesting entity may choose suitable mode of authentication from the modes specified in sub-rule (2) for delivery of a particular service as per its requirement, including multiple factor authentication for enhancing security. For the avoidance of doubt, it is clarified that e-FA/e-MA authentication shall only be carried out as specified under clause (b) of sub-rule (2).

Rule - 5. Information to the Jan-Aadhaar ID holder.

At the time of authentication, a requesting entity or a person shall inform the Jan-Aadhaar ID holder of the following details, namely:-

(a)      the nature of information that will be shared by the Authority upon authentication;

(b)      the uses to which the information received during authentication may be put; and

(c)      alternatives to submission of identity information.

Rule - 6. Consent of the Jan-Aadhaar ID holder.

(1)     After communicating the information in accordance with rule 5, a requesting entity or a person shall obtain the consent of the Jan-Aadhaar ID holder for the authentication.

(2)     A requesting entity or a person shall obtain the consent referred to in sub-rule (1) above in physical or preferably in electronic form and maintain logs or records of the consent obtained in the manner and form as may be specified by the Authority for this purpose.

Rule - 7. Devices, client applications, etc. used in authentication.

(1)     All devices and equipment used for authentication shall be certified as required and as per the specifications issued by the Authority, from time to time, for this purpose.

(2)     The client applications i.e. software used by requesting entity or a person for the purpose of authentication, shall conform to the standard Application Programming Interfaces and specifications laid down by the Authority, from time to time, for this purpose.

Rule - 8. Process of sending authentication requests.

(1)     After collecting the Jan-Aadhaar ID or any other identifier provided by the requesting entity or a person which is mapped to Jan-Aadhaar ID and necessary identity information and/or One Time Pin from the Jan-Aadhaar ID holder, the client application shall immediately package and encrypt these input parameters into Jan-Aadhaar ID block before any transmission, as per the specifications laid down by the Authority, and shall send it to server of the requesting entity or a person using secure protocols as may be laid down by the Authority for this purpose.

(2)     After validation, the server of a requesting entity or a person shall pass the authentication request to the Jan-Aadhaar Resident Data Repository, through the server of the Authentication Service Agency or a person as per the specifications laid down by the Authority. The authentication request shall be digitally signed or e-signed by the requesting entity and/or by the Authentication Service Agency, as per the mutual agreement between them.

(3)     Based on the mode of authentication request, the Jan-Aadhaar Resident Data Repository shall validate the input parameters against the data stored therein and return a digitally signed or e-signed Yes or No authentication response, or a digitally signed or e-signed e-FA/e-MA authentication response with encrypted e-FA/e-MA data, as the case may be, along with other technical details related to the authentication transaction.

(4)     In all modes of authentication, the Jan-Aadhaar ID is mandatory and is submitted along with the input parameters specified in sub-rule (1) above such that authentication is always reduced to a 1:1 match.

(5)     A requesting entity shall ensure that encryption of Jan-Aadhaar ID Block takes place at the time of capture on the authentication device as per the processes and specifications laid down by the Authority.

Rule - 9. Notification of authentication to Jan-Aadhaar ID holder.

The Jan-Aadhaar ID holder may be notified of One Time Pin based authentication, through the registered email and/or mobile phone number of the Jan-Aadhaar ID holder as determined by the Authority, at the time of authentication.

Rule - 10. Storage and maintenance of authentication transaction data.

The Authority shall store and maintain authentication transaction data, which shall contain the following information, namely:-

(a)      authentication request data received including Jan-Aadhaar ID block;

(b)      authentication response data sent;

(c)      meta data related to the transaction;

(d)      any authentication server side configurations as necessary:

Provided that the Authority shall not, in any case, store the purpose of authentication.

Rule - 11. Duration of storage.

(1)     Authentication transaction data shall be retained by the Authority for a period of six months and thereafter archived for a period of five years.

(2)     Upon expiry of the period of five years specified in sub-rule (1), the authentication transaction data shall be deleted except when such authentication transaction data are required to be maintained by a court or in connection with any pending dispute.

Rule - 12. Access by Jan-Aadhaar ID holder.

(1)     A Jan-Aadhaar ID holder family shall have the right to access its authentication records subject to conditions laid down and payment of such fees as prescribed by the Authority by making requests to the Authority within the period of retention of such records before they are archived.

(2)     The Authority may provide mechanisms such as online portal or mobile application or designated contact centers for Jan-Aadhaar ID holders to obtain their digitally signed or e-signed authentication records within the period of retention of such records before they are archived as specified in these rules.

(3)     The Authority may provide digitally signed or e-signed e-FA/e-MA data to the Jan-Aadhaar ID holder through One Time Pin authentication or Aadhaar based authentication as per sub-clause (ii) of clause (b) of sub-rule (2) of rule 4, subject to payment of such fees and processes as specified by the Authority,

(4)     The authentication records and e-FA/e-MA data shall not be shared with any person or entity.-

(a)      other than with the Jan-Aadhaar ID holder to whom the records or e-FA/e-MA data relate in accordance with the verification procedure specified. Jan-Aadhaar ID holder may share their digitally signed or e-signed authentication records and e-FA/e-MA data with other entities which shall not further share with any other agencies without obtaining consent of the Jan-Aadhaar ID holder every time before such sharing; and

(b)      except in accordance with the Act.

CHAPTER III ENROLMENT

Rule - 13. Enrolment.

(1)     The enrolling agencies shall set up enrolment centers for enrolment of families, as well as for correction or updating of information. The opening of enrolment centers, the services offered and other guidelines for their operations shall be in accordance with the procedure as may be specified by the Authority, from time to time, for this purpose.

(2)     Enrolment shall be carried out at enrolment centers i.e. e-Mitras and through temporary centers set up for this purpose.

(3)     Enrolment shall be carried out by the operators at the enrolment centers.

(4)     The Authority shall facilitate enrolment to the families directly through the online platform.

Rule - 14. Use of equipment, software, etc. in enrolment.

(1)     The enrolling agencies shall use only the online software facility provided or authorised by the Authority for enrolment purposes.

(2)     The enrolment or update software shall have such security features as may be specified by the Authority.

(3)     All equipment used in enrolment, such as computers, printers and other accessories shall be as per the specifications issued by the Authority for this purpose.

Rule - 15. Submission of information.

(1)     The family seeking enrolment shall be required to submit identity information, photographs and record of entitlement of its members in Form-I and details of Identification Verification Documents in Form-II along with self attested copies of supporting documents for proof of identity, address, entitlement record and other information at an enrolment centre or through online portal provided by the Authority for this purpose.

(2)     An indicative list of supporting documents to be accepted for verification of different information is specified in the Schedule.

Rule - 16. Capturing of information at enrolment centers.

(1)     The operator at the enrolment center shall capture information submitted by a family under rule 15 through online portal.

(2)     After capturing the information under sub-rule (1), the family shall be given an opportunity of verifying such information.

(3)     The operator, during enrolment, shall scan the documents provided by the family for its enrolment including Form-I and Form-II and shall upload them through the online portal.

(4)     Upon uploading the documents under sub-rule (3), the operator shall return all the copies of such documents to the family concerned.

(5)     In case a member of a family is unable to provide documentary proof of identity or proof of address, such member can be enrolled through the Head of such Family who shall introduce and vouch for the validity of information of such member of the family. Such information shall be verified by the Head of the Family by affixing the signature or the thumb impression on Form-I.

Rule - 17. Completion of enrolment process at enrolment center.

(1)     On completion of enrolment process at enrolment center under rules 15 and 16, an acknowledgement slip containing the Jan-Aadhaar enrolment number and other enrolment details signed by the operator shall be provided to the family seeking enrolment.

(2)     The procedures, standards and guidelines to be followed during enrolment and formats, templates, checklists to be used for carrying out enrolment shall be as per procedures as may be specified by the Authority for this purpose.

Rule - 18. Verification of the information.

(1)     First verification of the information submitted by the family in Form-I and Form-II under rule 15 shall be electronically carried out by such officer, as may be authorised in this behalf by the State Government, from time to time, within ten days from the date of receipt of such information or of any additional information required by him.

(2)     The officer authorised under sub-rule (1) shall, after due verification of the information, submit the information for further verification to such other officer, as may be authorised in this behalf by the State Government from time to time, whereupon such other officer shall, within ten days from the date of the receipt of such information further verify the same and send it for next level of enrolment process.

(3)     The information submitted, and verified under sub-rule (1) and sub-rule (2) shall randomly be checked as to its correctness by a quality control team constituted by the Authority for the purpose.

Rule - 19. Rejection of enrolment due to duplicity etc.

(1)     The information verified under rule 18 by the Sub-Divisional Magistrate/Block Development Officer shall be submitted to the system for further checking of errors electronically such as duplicity and other checks as may be specified by the Authority. If duplicity is found, the system shall route such cases of enrolment for verification of the duplicity to the Tehsildar concerned who shall verify duplicity and submit its confirmation to the Authority.

(2)     The Authority may reject an enrolment due to there being duplicate enrolments by the family or any of its members, quality or any other technical reason.

(3)     In case of rejection of enrolment, the family may be informed through the electronic means.

Rule - 20. Departments or Agencies requiring condition for receipt of service, etc.

Any department or agency which requires an individual or requires a family or any of its members to undergo authentication or furnish proof of possession of Jan-Aadhaar ID as a condition for receipt of any subsidy, benefit or service pursuant to sections 3 and 14 of the Act, shall ensure enrolment of its beneficiaries who are yet to be enrolled, through appropriate measures, including co-ordination with the Authority and setting up enrolment centers at convenient locations.

Rule - 21. Generation of Jan-Aadhaar ID.

After thorough checking under rule 19, the Authority shall generate the Jan-Aadhaar ID of each enrolled family and the data shall be sent to the Jan-Aadhaar Resident Data Repository and also for printing the Jan-Aadhaar card.

Rule - 22. Delivery of Jan-Aadhaar Cards.

(1)     Upon generation of the Jan-Aadhaar ID under rule 21, the resident family concerned shall be issued a Jan-Aadhaar card in Form-III.

(2)     The Authority may also issue an Individual Jan-Aadhaar Card in Form-IV to any individual member of a Jan-Aadhaar ID holder family, upon receipt of an application in writing in this behalf from the individual member along with such fees as may be specified by the Authority, from time to time.

(3)     The Authority shall arrange for the dispatch of the Jan-Aadhaar Card or the Individual Jan-Aadhaar Card, as the case may be, in physical form, by registered post or speed post or through any other mode as the Authority may deem fit, as well as by communication thereof in electronic form to the family or the individual member which shall be made available for download through the official website of the Authority or through mobile App.

(4)     All agencies as may be engaged by the Authority for printing, dispatch, and other functions related to delivery of Jan-Aadhaar cards to families shall comply with the applicable processes.

Rule - 23. Condition for accepting Jan-Aadhaar Card as proof of address.

The address of a person to be proved by Jan-Aadhaar Card shall mean the present address and not the permanent address of the person concerned and the Jan-Aadhaar card shall not be accepted as proof in lieu of bona fide resident certificate of a person.

Rule - 24. Cases requiring omission or cancellation of Jan-Aadhaar ID.

(1)     The Jan-Aadhaar ID of Jan-Aadhaar ID holder family shall be cancelled in the following circumstances, namely:-

(a)      If it is established that more than one Jan-Aadhaar IDs have been issued to the same family, the Jan-Aadhaar ID assigned from the earlier enrolment shall be retained and all subsequent Jan-Aadhaar IDs shall be cancelled.

(b)      Any other case requiring cancellation owing to the enrolment appearing fraudulent to the Authority.

(c)      Any such other case as the Authority may notify, from time to time.

(2)     Upon cancellation of the Jan-Aadhaar ID under sub-rule (1), the services provided by the Authority to the Jan-Aadhaar ID holder family concerned shall be disabled permanently under the cancelled Jan-Aadhaar ID. (3) Notwithstanding the above, the services availed on the cancelled Jan-Aadhaar ID shall remain with the history of the benefits/services of the cancelled Jan-Aadhaar ID.

Rule - 25. Cases requiring deactivation of Jan-Aadhaar ID.

(1)     The Jan-Aadhaar ID of a Jan-Aadhaar ID holder family shall be deactivated in the following circumstances, namely:-

(a)      Where it is found at a later stage that enrolment has been carried out without valid supporting documents, the Jan-Aadhaar ID shall be deactivated till it is updated by the Jan-Aadhaar ID holder family after furnishing valid supporting documents;

(b)      Where the information captured has been flagged as having bad data and requiring update (such as abusive/expletive words and un-parliamentary language in resident demographics, multiple names in single name using 'urf' or 'Alias'), the Jan-Aadhaar ID shall be deactivated till it is updated by Jan-Aadhaar ID holder family;

(c)      Where it is found that the name of a family member appears in more than one family all such Jan-Aadhaar ID shall be deactivated till they are updated; or

(d)      Any other case requiring deactivation as may be deemed appropriate by the Authority.

(2)     Upon deactivation, benefits and services that are provided to the Jan-Aadhaar ID holder family shall be discontinued temporarily till such time the Jan-Aadhaar ID holder family updates or rectifies the information, owing to which its Jan-Aadhaar ID has been deactivated by the Authority.

Rule - 26. Inquiry into cases requiring omission or deactivation.

(1)     Any case reported or identified as a possible case requiring omission or deactivation may require field inquiry which may include hearing the persons whose Jan-Aadhaar ID is sought to be omitted or deactivated.

(2)     An agency nominated by the Authority shall examine/inquire and submit a report to the Authority as per the procedures as may be specified by the Authority for this purpose.

(3)     The Authority may initiate necessary action upon receiving the report and the decision to omit or deactivate a Jan-Aadhaar ID shall lie with the Authority.

Rule - 27. Communication to the Jan-Aadhaar ID holder.

(1)     The Jan-Aadhaar ID holder family shall be informed of the omission/cancellation or deactivation of their Jan-Aadhaar ID along with reasons through SMS at the registered mobile phone number, registered e-mail address, tele-calling, letter or through such other means as may be deemed fit by the Authority.

(2)     Any complaint of a Jan-Aadhaar ID holder family in respect of such omission or deactivation may be addressed to the Authority through the grievance redressal mechanism set up by the State Government.

Rule - 28. Rectification action.

In case of deactivation, a family shall be required to update its demographic information and record of entitlement partly or fully as required as per these rules. 

CHAPTER IV JAN-AADHAAR RESIDENT DATA REPOSITORY AND PROTECTION OF INFORMATION

Rule - 29. Measures for ensuring information security.

(1)     The Authority may specify an information security policy setting out inter alia the technical and organisational measures to be adopted by the Authority and its personnel, and also security measures to be adopted by agencies, advisors, consultants and other service providers engaged by the Authority, Registrar, enrolling agency and requesting entities.

(2)     Such information security policy may provide for.-

(a)      identifying and maintaining an inventory of assets associated with the information and information processing facilities;

(b)      implementing controls to prevent and detect any loss, damage, theft or compromise of the assets;

(c)      allowing only controlled access to confidential information;

(d)      implementing controls to detect and protect against virus/malwares;

(e)      a change management process to ensure information security is maintained during changes;

(f)       a patch management process to protect information systems from vulnerabilities and security risks;

(g)      a robust monitoring process to identify unusual events and patterns that could impact security and performance of information systems and a proper reporting and mitigation process;

(h)     partitioning of Jan-Aadhaar Resident Data Repository network into zones based on risk and trust;

(i)       deploying necessary technical controls for protecting Jan-Aadhaar Resident Data Repository network;

(j)       service continuity in case of a disaster;

(k)      monitoring of equipment, systems and networks;

(l)       measures for fraud prevention and effective remedies in case of fraud;

(m)    requirement of entering into non-disclosure agreements with the personnel;

(n)     provisions for audit of internal systems and networks;

(o)      restrictions on personnel relating to processes, systems and networks;

(p)      inclusion of security and confidentiality obligations in the agreements or arrangements with the agencies, consultants, advisors or other persons engaged by the Authority.

(3)     The Authority shall monitor compliance with the information security policy and other security requirements through internal audits or through independent agencies.

(4)     The Authority shall designate an officer as Chief Information Security Officer for disseminating and monitoring the information security policy and other security-related programs and initiatives of the Authority.

Rule - 30. Security obligations of the personnel.

(1)     The personnel shall comply with the information security policy, and other policies, guidelines, procedures, etc. issued by the Authority, from time to time.

(2)     Without prejudice to any action that may be taken under the Act, the personnel shall be liable to any action in accordance with the Information Security Policy and such other policies and procedures specified by the Authority under sub-rule (1):

Provided that no such action shall be taken without giving the personnel concerned a reasonable opportunity of being heard.

Rule - 31. Security obligations of service providers, etc.

The agencies, consultants, advisors and other service providers engaged by the Authority for discharging any function relating to its processes shall.-

(a)      ensure compliance with the information security policy and such other policies and procedures specified by the Authority;

(b)      periodically report compliance with the information security policy and other policies and procedures and contractual requirements, as required by the Authority;

(c)      report promptly to the Authority about any security incidents affecting the confidentiality, integrity and availability of any information related to the Authority's functions;

(d)      ensure that records related to the Authority shall be protected from loss, destruction, falsification, unauthorised access and unauthorised release;

(e)      ensure confidentiality obligations are maintained during the term and on termination of the agreement;

(f)       ensure that appropriate security and confidentiality obligations are provided for in their agreements with their employees and staff members;

(g)      ensure that the employees having physical access to Jan-Aadhaar Resident Data Repository and logical access to centers undergo necessary background checks;

(h)     define the security perimeters holding sensitive information, and ensure that only the authorised individuals are allowed access to such areas to prevent any data leakage or misuse.

Rule - 32. Audits and inspection of service providers, etc.

(1)     All agencies, consultants, advisors and other service providers engaged by the Authority and ecosystem partners such as the Registrar, requesting entities, Authentication User Agencies and Authentication Service Agencies shall get their operations audited by an information system's auditor certified by a recognised body under the Information Technology Act, 2000 (Central Act No. 21 of 2000) and furnish certified audit reports to the Authority, upon request or at time periods specified by the Authority.

(2)     In addition to the audits referred to in sub-rule (1), the Authority may conduct audits of the operations and systems of such entities or persons, either by itself or through an auditor appointed by the Authority.

Rule - 33. Confidentiality.

All procedures, orders, processes, standards and protocols related to security, which are designated as confidential by the Authority, shall be treated as confidential by all its personnel and shall be disclosed to the parties concerned only to the extent required for giving effect to the security measures. The nature of information that cannot be shared outside the Authority unless mandated under the Act includes, but not limited to, information in Jan-Aadhaar Resident Data Repository, Technology details, Network Architecture, Information security policy and processes, software codes, internal reports, audit and assessment reports, applications details, asset details, contractual agreements, present and future planned infrastructure details, protection services, and capabilities of the system.

Rule - 34. Sharing of information by the Authority.

(1)     The identity information, photograph and record of entitlement of a member of a Jan-Aadhaar ID holder family collected by the Authority under the Act may be shared by the Authority with a requesting entity in response to an authentication request for e-FA/e-MA data pertaining to such member, upon the requesting entity obtaining consent from the Jan-Aadhaar ID holder for the authentication process, in accordance with the provisions of the Act and these rules.

(2)     The Authority shall share authentication records of the Jan-Aadhaar ID holder with him in accordance with rule 12.

Rule - 35. Responsibility of any agency or entity other than requesting entity with respect to Jan-Aadhaar ID.

(1)     Any individual, agency or entity which collects Jan-Aadhaar ID or any document containing the Jan-Aadhaar ID shall.-

(a)      collect, store and use the Jan-Aadhaar ID for a lawful purpose;

(b)      inform the Jan-Aadhaar ID holder the following details, namely:-

(i)       the purpose for which the information is collected;

(ii)      whether submission of Jan-Aadhaar ID or proof of Jan-Aadhaar for such purpose is mandatory or voluntary, and if mandatory, the legal provision mandating it;

(iii)     alternatives to submission of Jan-Aadhaar ID or the document containing Jan-Aadhaar ID, if any;

(c)      obtain consent of the Jan-Aadhaar ID holder to the collection, storage and use of his Jan-Aadhaar ID for the specified purposes.

(2)     Such individual, agency or entity shall not use the Jan-Aadhaar ID for any purpose other than those specified to the Jan-Aadhaar ID holder at the time of obtaining his consent.

(3)     Such individual, agency or entity shall not share the Jan-Aadhaar ID with any person without the consent of the Jan-Aadhaar ID holder.

Rule - 36. Restrictions on displaying, circulating or publishing of Jan-Aadhaar ID.

(1)     The Jan-Aadhaar ID shall not be published, displayed or posted publicly by any person or entity or agency.

(2)     Any individual, entity or agency, which is in possession of Jan-Aadhaar ID of Jan-Aadhaar ID holder, shall ensure security and confidentiality of the Jan-Aadhaar ID and of any record or database containing the Jan-Aadhaar ID.

(3)     Without prejudice to sub-rules (1) and (2), no entity, including a requesting entity, which is in possession of the Jan-Aadhaar ID of an Jan-Aadhaar ID holder, shall make public any database or record containing the Jan-Aadhaar ID of individuals, unless the Jan-Aadhaar ID have been redacted or blacked out through appropriate means, both in print and electronic form.

(4)     No entity, including a requesting entity, shall require an individual to transmit his Jan-Aadhaar ID over the Internet unless such transmission is secure and the Jan-Aadhaar ID is transmitted in encrypted form except where transmission is required for correction of errors or redressal of grievances.

(5)     No entity, including a requesting entity, shall retain Jan-Aadhaar ID or any document or database containing Jan-Aadhaar ID for longer than is necessary for the purpose specified to the Jan-Aadhaar ID holder at the time of obtaining consent.

Rule - 37. Liability for contravention of the rules.

Without prejudice to any action that may be taken under the Act, any contravention of rule 33, 34, 35 and 36 shall constitute a violation of section 10 of the Act.

Rule - 38. Request for updation of information.

Head of the Family or an adult member of the Jan-Aadhaar ID holder family may seek alteration of identity information, photographs and record of entitlement of its any member or may request for addition and deletion of any of its members in, or from Jan-Aadhaar ID in accordance with update procedure specified in this Chapter.

Provided that the Name, Date of Birth and Gender of any Head of the Family or a member can be altered only once.

Rule - 39. Equipment, software, etc. to be used for update.

(1)     The Registrar and enrolling agencies involved in the update process shall use only the software provided or approved by the Authority for updating purposes.

(2)     The standard update software shall have the security features as laid down by the Authority for this purpose.

(3)     All equipment used for updating purposes, such as computers, printers and other accessories shall be as per specifications laid down by the Authority, from time to time.

Rule - 40. Mode of updating information.

(1)     The process of updating family's identity information, photographs and record of entitlement in the Jan-Aadhaar Resident Data Repository may be carried out through the following modes, namely:-

(a)      At any enrolment centre with the assistance of the operator:

The Head of the Family or any member of the family shall be biometrically authenticated through Aadhaar number authentication and shall be required to provide the documents in support of the information sought to be updated.

(b)      Online:

The Head of the Family or any member of the family shall be authenticated through One Time Pin upon submission of Jan-Aadhaar ID and registered mobile phone number or Jan-Aadhaar ID and Aadhaar number. Authentication will be carried out through a One-time Password sent to the registered mobile number and shall be required to provide the documents in support of the information sought to be updated.

(2)     The family or the member concerned may track the status of such request for update through Jan-Aadhaar ID.

(3)     The information sought to be updated under sub-rule (1), shall be verified according to the procedure laid down under rules 18 and 19.

(4)     The revised Jan-Aadhaar Card may be made available to the family, upon request, in physical or electronic form upon payment of such fee, if any, as may be specified by the Authority.

Rule - 41. Convenience fee.

The Authority may authorise the Registrar and enrolling agencies to charge convenience fee from the families not exceeding an amount specified by the Authority, for update of identity information, photographs and record of entitlement. 

CHAPTER V DIRECT TRANSFER OF PUBLIC WELFARE BENEFITS AND DELIVERY OF SERVICES

Rule - 42. Seeding of the database.

(1)     All the government bodies shall, before delivery of benefit or service to the existing beneficiaries in scheme databases under public welfare benefit schemes and/or services, ensure that Jan-Aadhaar ID, Aadhaar number, bank account and mobile phone number of such beneficiary is captured in the scheme and/or service databases of the government bodies.

(2)     If the seeding under sub-rule (1) is not done by the government official, the seeded data shall be verified by the scheme sanctioning authority of the government bodies.

(3)     All the seeded and verified data under sub-rule (2) shall be reverse seeded in beneficiary profile at Jan-Aadhaar Resident Data Repository.

(4)     All the government bodies shall ensure that before approval of entitlement of a beneficiary under a public welfare benefit scheme and/or service, ensure that beneficiary demographic information and record of entitlement should be derived from Jan-Aadhaar Resident Data Repository.

(5)     All the approval of entitlements under sub-rule (4) shall be reverse seeded in beneficiary profile at Jan-Aadhaar Resident Data Repository.

Rule - 43. Transferring the public welfare benefits to the beneficiary.

(1)     All the government bodies shall, subject to the provisions of section 3, ensure that every transaction relating to transfer of benefit and services under a public welfare scheme to a beneficiary, is shared with the Jan-Aadhaar Resident Data Repository, which shall be reflected in the transaction records of the beneficiary and shall also be communicated to beneficiary via suitable modes such as tele-calling, text messaging service, e-Mail etc.

(2)     In the event, an entitlement to a beneficiary is ceased for any reason whatsoever, it shall be the responsibility of the government body to share the information to this effect with the Jan-Aadhaar Resident Data Repository.

Rule - 44. Conducting social audit of the official record.

The official record pertaining to delivery of public welfare benefits shall be uploaded on the Jan-Soochana Portal to make it available to the Gram Sabha/Ward Committee concerned at the interval of six months for public information and objections, if any, with regards to entitlement, benefit transfers etc. shall be invited and disposed of properly by the officer concerned with the delivery of public welfare benefit.

CHAPTER VI RAJASTHAN JAN-AADHAAR AUTHORITY

Rule - 45. Powers of the Authority to issue directions etc.

The Authority shall have powers to issue directions, orders and guidelines to the government bodies, Registrars and others agencies for carrying out its functions.

Rule - 46. Allowances payable to the non-official members.

The non-official members of the Authority shall only be entitled to receive conveyance allowance for attending local meetings and travelling and daily allowance for attending outside meetings of the Authority at the rates admissible to Government Servants belonging to Category 'A' under the Rajasthan Travelling Allowance Rules, 1971.

Rule - 47. Preparation and submission of budget.

(1)     The budget estimates of the Authority for every financial year shall be prepared by the Chairperson or such employee of the Authority as may be authorized by the Chairperson in this behalf, in Forms-V to IX.

(2)     A copy of the budget estimates so prepared shall be sent to each member at least fourteen days before the meeting of the Authority at which such estimates are to be considered.

(3)     The Authority shall consider and sanction the budget estimates with such changes as it thinks fit at the meeting fixed for the purpose or at any other meeting to which the consideration of the budget estimates is adjourned.

(4)     The budget estimates prepared by the Authority shall be forwarded to the State Government by the fifteenth day of October of the financial year preceding the financial year to which the consideration of the budget estimates relate:

Provided that the State Government may at the request of the Authority fix such later date, but not beyond the 31st day of December, as the Government thinks fit.

Rule - 48. Supplementary budget.

The Authority shall, where necessary, also forward to the State Government the supplementary budget in respect of the financial year to which it relates, in Forms-V to IX before such date as may be specified by the State Government.

Rule - 49. Preparation and submission of annual report and annual accounts.

(1)     The Chairperson or such employee of the Authority, as may be authorized by Chairperson in this behalf, shall prepare, as soon as may be after the commencement of such financial year.-

(a)      the annual report; and

(b)      the annual statement of accounts.

(2)     The annual report shall include an account of the activities of the Authority during the previous financial year on the following matters, namely:-

(i)       a statement of corporate and operational goals and objectives of the Authority;

(ii)      annual targets and physical and financial terms set for various activities in the background of clause (i) above together with a brief review of the actual performance with reference to those targets;

(iii)     an administrative report on the activities of the Authority during the previous financial year and an account of the activities which are likely to be taken up during the next financial year;

(iv)    a summary of the actual financial results during the previous financial year and year of report, as indicated by way of statement of (a) income and expenditure, (b) sources and applications of funds, and (c) cash flow;

(v)      important changes in policy and specific measures either taken or proposed to be taken, which have influenced or are likely to influence the profitability or functioning of the Authority;

(vi)    new projects or expansion schemes contemplated together with their advantages, financial implications and programme for execution;

(vii)   important changes in the organizational set up of the Authority;

(viii)  report on employer-employee relations and welfare activities of the Authority; and

(ix)    report on such other miscellaneous subjects as deemed fit by the Authority or the State Government for reporting to the later.

(3)     The annual report shall be placed for adoption in the meeting of the Authority and shall be signed by the Chairperson or in his absence by two members authorized for the purpose by the Chairperson and authenticated by fixing the common seal of the Authority and required copies thereof shall be submitted to the State Government by the thirty-first day of December of the following year.

(4)     The annual accounts of the Authority, after approval of the Authority, shall be signed on behalf of the Authority by its Chairperson or in his absence by two members authorized for the purpose by the Authority and authenticated by affixing the common seal of the Authority and shall be forwarded for audit to the Director, Local Fund Audit, Rajasthan not later than the 30th September of each year or by such date as extended by the State Government.

(5)     The Director, Local Fund Audit, Rajasthan shall audit and report on the annual accounts of the Authority and certify whether in his opinion the accounts contain all particulars and are properly drawn up as to exhibit a true and fair state of affairs of the Authority and in case he has called for any information from the Authority or any of its officers, whether it has been given and whether it is satisfactory.

(6)     The Authority shall be bound to give information and explanation in its annual report containing inter-alia duly audited accounts or in an addendum thereto on every reservation, qualification or adverse remarks contained in the Auditor reports duly signed by its Chairperson or in his absence by two members so authorized by the Authority and authenticated by affixing common seal of the Authority.

(7)     The annual accounts and auditor's report thereon along with the annual report shall be submitted to the State Government by thirty-first day of December of the following year to which the accounts relate or by such date as extended by the State Government.

Rule - 50. Cost of Audit.

The Authority shall arrange to pay to the Director, Local Fund Audit, Rajasthan the expenditure incurred by him in connection with the annual audit of its accounts, within three months from the date on which any demand is made by him.

CHAPTER VII MISCELLANEOUS

Rule - 51. Savings.

All orders, circulars, specifications and policies issued, and Memorandum of Understanding signed by the State Government in connection with the formation and implementation of the Jan-Aadhaar Yojana, 2019 on or after 27-11-2019 shall continue to be in force to the extent that they are not inconsistent with the provisions of the Act and these rules.

Rule - 52. Repeal.

The Rajasthan Bhamashah (Direct Transfer of Public Welfare Benefits and Delivery of Services) Rules, 2018 are hereby repealed.

FORM-I

(see rule 15)

Form for Enrolment of Family for obtaining Jan-Aadhaar Card

Name of the head of the family: ...................

Category of the family: SC/ST/OBC/MBC/GENERAL Caste: ............

Category of the land holder: Small Farmer/Marginal Farmer/Other category/Landless

Type of land: Irrigated/Un-irrigated/both

Whether the family belongs to minority class: Yes/No

Residential address: House No ................................ Apartment ............................................ Street ................. Ward No .........................

Village ................. Colony ............... Gram Panchayat/City .............. Tehsil ................ District..

................................PIN ................................Rajasthan

Telephone No ................................Mobile No ................................E-mail ID ................................

Name of the bank of the family ........................

Name of the branch of the bank .............

Bank account number of head of the family .................

House category: Independent house/bungalow/apartment/homeless Type of house: Pakka/Semi-Pakka/Kachcha/Homeless Period of living at this address: ........ years

Signature of the applicant/Left hand thumb impression Name ...............................

FORM-II

(see rule 15)

Identification Verification Document

Category of Ration card: BPL/State BPL/APL/Antyodaya/No card

Ration card No ................................

Electricity account No ................................Water supply account No ................................

Gas connection No ................................

Gas agency's name: Indene/HP/Bharat/Other

BPL/State BPL No ................................MNREGA Card No ................................

National Health Insurance Scheme Enrolment URN No ................................ (17 figure)

Type of verification:

1.        Digital online based verification,

2.        Verified by verifier after enquiring in the area (please mark right).

All particulars and facts mentioned above are correct to the best of my knowledge and no material fact has been concealed.

FORM-III

(see rule 22)

GOVERNMENT OF RAJASTHAN JAN-AADHAAR CARD

Details of family members

PHOTOS

FORM-IV

(see rule 22)

GOVERNMENT OF RAJASTHAN

INDIVIDUAL JAN-AADHAAR CARD

FORM-V

(see rule 47)

Budget Estimates for the year................................

Combined abstract of Budget Estimates for the year……….

RECEIPTS

PAYMENTS

FORM-VI (i)

(see rule 47)

Budget Estimates for the year……..

Part I- Abstract of each individual account

RECEIPTS

PAYMENTS

FORM-VI(ii)

(see rule 47)

Budget Estimates for the year……..

Part II- Detailed Budget estimates of each individual account

RECEIPTS

PAYMENTS

FORM-VII

(see rule 47)

Budget Estimates for the year…….. Schedule containing new items of expenditure other than Works and Schemes

Note: (1) For additional establishment, the categories of posts, scales of pay and the date from which the posts are required should be specified.

(2) If any permanent post is proposed to be reduced or kept in abeyance or any temporary post is proposed to be discontinued, the details thereof should be furnished in a separate statement.

FORM-VIII

(see rule 47)

Budget Estimates for the year…….. Schedule of Schemes in progress

FORM-IX

(see rule 47)

Budget Estimates for the year…….. Schedule of approved New Schemes

Note: While including new schemes in the budget estimates, the following points shall be examined:-

(1)     Whether the plans and the estimates have been prepared and approved.

(2)     Whether site or land is available and possession has been taken; and

(3)     Whether all the prescribed formalities will be over by the end of the current financial year.

SCHEDULE

(see rule 15)

List of acceptable supporting documents for verification

I.         For Proof of Identity, address, relation with the HoF, category, ration card number, electricity connection number, water connection number, BPL Card number, MNEREGS number, LPG connection number, date of birth/age, marital status

1.        Caste Certificate,

2.        Birth Certificate,

3.        10th Class Certificate,

4.        Domicile Certificate,

5.        Aadhar Card,

6.        Passport,

7.        Ration Card,

8.        Voter Identification Card,

9.        MNREGS Job Card,

10.     BPL Card,

11.     PAN Card,

12.     Driving License,

13.     Photo Identity Card,

14.     Electricity/Water/Telephone Bill (not older than three months),

15.     LPG connection Diary,

16.     Bank/Post Office pass-book,

17.     Life Insurance Policy,

18.     Pay slip issued by the Central Government/State Government/Public Sector Undertakings,

19.     Affidavit verified by the First Class Magistrate/Notary Public,

20.     Income Tax Assessment Order, Certificate issued by Member of Parliament/Member of Legislative Assembly/Zila Parishad/Municipal Corporation/Municipal Council/Municipal Board/Panchayat Samity/Sarpanch/Ward Member/Patwari/Gram Sevak/Gazetted Officer bearing postal address.

II.       For proof of Bank Account details:

Pass book

III.     For category of land holder and type of land:

Khasra Nakal, Land Revenue passbook and/or Verification by Patwari in rural areas and by authorised officers in urban areas

IV.      For disabled persons:

Medical Certificate

V.        For status of citizenship and income:

Verification by verifier/self declaration