DRDO hands over first batch of Airbrake Control Module for LCA Tejas Mk1A (See 'Corp Brief') Companies Act - Charges of professional misconduct in SCN are proved for which monetary penalty can be imposed : NFRA (See 'Legal Desk') PMLA - Application for anticipatory bail can be rejected as there is failure on part of applicant to appear before trial Court despite service of bailable warrant : HC (See 'Legal Desk') IBC - There is no scope of interference in writ petition since there is no arbitrariness, mala fides or palpably illegality in impugned order : HC (See 'Legal Desk') Trade Marks Act - Issue of grant of registration can be remitted back to Examiner as trade mark could not be rejected and is required to be advertised : HC (See 'Legal Desk') LODR Regulations - Stay can be granted on effect and operation of order pending disposal of appeal on condition that Appellant deposits 50% of interest amount determined to be payable to CUHL : SAT (See 'Legal Desk') SARFAESI Act - If any borrower is aggrieved by action of private bank/ARC, then borrower has to avail remedy under SARFAESI Act and no writ petition can lie or is maintainable : HC (See 'Legal Desk') CCI approves acquisition of stake in PAMP Technologies by PAMP Ventures SA (See 'Corp Brief') SARFAESI Act - Due to failure to repay outstanding amount despite interim order, present petition is dismissed : HC (See 'Legal Desk') Limitation Act - Sec 14 of Limitation Act is wide in its application, inasmuch as it is not confined in its applicability only to cases of defect of jurisdiction but applicable also to cases where prior proceedings have failed on account of other cause : HC (See 'Legal Desk') IBC - Application is deemed to be withdrawn as it is filed at time when amendments came into force and it is incumbent upon FC to comply with newly enforced statutory requirements : NCLT (See 'Legal Desk') Indian Economic Service calls on President Murmu (See 'Corp Brief') Companies Act - ROC's decision of rejecting application for conversion is not contrary to legislative intent of Section 18 : HC (See 'Legal Desk') PMLA - If criminal case against person is quashed then there can be no offence of money laundering against him : HC (See 'Legal Desk') SEBI Act - Violation of various SEBI circulars by noticee stands established for which penalty can be imposed : SEBI (See 'Legal Desk') Ambuja Cements signs agreement to acquire 1.5 MTPA Grinding Unit at Tuticorin (See 'Corp Brief') PMLA - Any person aggrieved by order, even if person is not party to order, can file appeal u/s 26 of PMLA, 2002 before Appellate Tribunal : HC (See 'Legal Desk') Copyright Act - Trustee only owe fiduciary duty to beneficiary with regards to trust property and Registrar of Copyright to rectify Register in that registration shall be in name of Trust : HC (See 'Legal Desk') SEBI Act - Though broker has failed to be vigilant in securities market by allowing and facilitating non-genuine transactions but has not personally gained from transactions : SAT (See 'Legal Desk') IREDA celebrates legacy: Past leaders share Vision for Future (See 'Corp Brief') SARFAESI Act - Confirmed auction sale can be interfered by High Court by entertaining writ petition only when there is fraud/collusion and present case is not case of fraud or collusion : SC (See 'Legal Desk')

Cabinet nod for amendment in Aadhaar Act for setting up UIAI Fund

Published: Jun 13, 2019

By TIOLCORPLAWS News Service

NEW DELHI, JUNE 13, 2019: IN a major move aimed at making Aadhaar making people friendly, the Union Cabinet yesterday approved “The Aadhaar and Other Laws (Amendment) Bill, 2019” to replace the Aadhaar and Other Laws (Amendment) Ordinance, 2019. The amendments proposed are the same as those contained in the Ordinance promulgated by President on 2nd March, 2019.  The Bill will be introduced in ensuing session of Parliament.

The decision is expected to go a long way in meeting the people friendly and citizen centric nature of Aadhaar.

• The decision would enable UIDAI to have a more robust mechanism to serve the public interest and restrain the misuse of Aadhar. 

• Subsequent to this amendment, no individual shall be compelled to provide proof of possession of Aadhaar number or undergo authentication for the purpose of establishing his identity unless it is so provided by a law made by Parliament. 

• For the convenience of general public in opening of bank accounts, the proposed amendments would allow the use of Aadhaar number for authentication on voluntary basis as acceptable KYC document under the Telegraph Act, 1885 and the Prevention of Money Laundering Act, 2002.

The salient features of the amendments are as follows—

• Provides for voluntary use of Aadhaar number in physical or electronic form by authentication or offline verification with the consent of Aadhaar  number holder;

• Provides for use of twelve-digit Aadhaar number and its alternative virtual identity to conceal the actual Aadhaar number of an individual;

• Gives an option to children who are Aadhaar number holders to cancel their Aadhaar number on attaining the age of eighteen years;

• Permits the entities to perform authentication only when they are compliant with the standards of privacy and security specified by the Authority; and the authentication is permitted under any law made by Parliament or is prescribed to be in the interest of State by the Central Government;

• Allows the use of Aadhaar number for authentication on voluntary basis as acceptable KYC document under the Telegraph Act, 1885 and the Prevention of Money-laundering Act, 2002;

• Proposes deletion of section 57 of the Aadhaar Act relating to use of Aadhaar by private entities;

• Prevents denial of services for refusing to, or being unable to, undergo authentication;

• Provides for establishment of Unique Identification Authority of India Fund;

• Provides for civil penalties, its adjudication, appeal thereof in regard to violations of Aadhaar Act and provisions by entities in the Aadhaar ecosystem.

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