Lok Sabha Question No. 1562 (UNSTARRED), answered on 2021-07-28
Subject: Errors Committed by Aadhaar Card Service Providers
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Subrata Pathak, Ravi Kishan Shukla, Ravindra Kushawaha

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO. 1562

TO BE ANSWERED ON 28.07.2021

## ERRORS COMMITTED BY AADHAAR CARD SERVICE PROVIDERS

## 1562. SHRI SUBRAT PATHAK:   SHRI RAVI KISHAN:  SHRI RAVINDRA KUSHWAHA:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

- (a)   whether the Government has taken any action against the Aadhar card service providers committing errors in the enrolment of Aadhar card;
- (b)  if so, the details thereof including the nature of the action taken by the Government against such service providers; and
- (c)  the details of the problems faced by common people due to the said errors committed by the said service providers and the reaction of the Government thereto?

## ANSWER

## MINISTER OF STATE FOR   ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a)  and  (b):  Yes,  Sir.  Unique  Identification  Authority  of  India  (UIDAI)  takes  action  on  the  Registrar  or Enrolment Agency or service provider based on the Policy for enforcing of Aadhaar (Enrolment and Update) Regulations 2016, processes, standards, guidelines, data quality and containing corrupt /fraudulent practices, as updated from time to time. The latest policy dated 24.03.2021 is attached as Annexure-1.

The action against such Registrar or Enrolment Agency or service provider includes deactivation of Aadhaar operator for retraining, suspension of Aadhaar operator and imposition of financial penalty on the Registrar or  Enrolment  Agency  or  service  provider.  Such  details  (monthly  basis)  are  available  under  the  link https://uidai.gov.in/ecosystem/enrolment-documents/sanction-orders.html

(c):  In such cases the Aadhaar enrolment/update request gets rejected and the resident has to re-enroll/ reupdate.  However, the  overall  rejection  in  Quality  Check  (including  operator  mistakes)  of  the  enrolment during the last 6 months is approximately 4.78 percent only.

In order to minimize difficulties faced by the residents UIDAI has made provision for two screens in all the Enrolment Kits. The resident enrolling for Aadhaar can check the demographic details being recorded in their Aadhaar on the screen in front of them and ask the operator to enter correct information then and there, if entered wrongly.

In addition to this, the resident gets an acknowledgement slip after enrollment/ update having all the details printed on it. Resident has to give his/ her consent and sign on the acknowledgement slip after Enrolment/ update, which becomes the part of the enrolment packet.

UIDAI  takes  earnest  efforts  to  minimize  such  errors  by  sensitizing  its  operators  by  imparting  various trainings from time to time.

With  Quality  check  in  place,  UIDAI  ensures  that  the  resident  does  not  get  an  Aadhaar  with  incorrect demographic information. In addition, no new Aadhaar /updation could be carried out based on invalid / fake documents.

********

Annexure-I

Policy for enforcing of Aadhaar (Enrolment and Update) Regulations 2016 , processes, standards, guidelines, Data Quality and containing corrupt / fraudulent practices. (Version -3.0 dated 24/03/2021)

Honourable Supreme Court of India while disposing of Writ Petition (Civil ) No. 247 of 2017 and others dated 9.6.2017 in PAN- Aadhaar linking case, has inter alia  stated that :

'….It is important that the aforesaid apprehensions are assuaged by taking proper measures so that confidence is instilled among the public at large that there is no chance of unauthorised leakage of data whether it is done by tightening the operations of the contractors who are given the job of enrolment, they being private persons or by prescribing severe penalties to those who are found guilty of leaking the details, is the outlook of the Government. However, we emphasise that measures in this behalf are absolutely essential and it would be in the fitness of things that proper scheme in this behalf is devised at the earliest.….'

The above security concerns raised by Honourable Supreme Court about biometric as well as other personal data of residents have necessitated tightening  of the enrolment process and operation and creating  by imposing financial disincentive on Registrars and deactivating/suspending their operators.

The Regulation 26 - ' Liability of Registrars, enrolling agencies and other service providers and action in case of default' is reproduced below:

'Without prejudice to any other action which may be taken under the Act, for violation of any regulation, process, standard, guideline or order, by a Registrar or Enrolment Agency or any service provider or any other person, the Authority may immediately suspend the activities of such a Registrar or Enrolment Agency or service provider or concerned person, and after holding due enquiry, it  may  take  steps  for  imposition  of  financial  disincentives  on  such  a  Registrar or Enrolment Agency or service provider or any other person and for cancellation of the credentials, codes and permissions issued to them pursuant to the Act or these regulations, or any other steps as may be specifically provided for in the terms of engagement with the Authority."

1. UIDAI performs various validations & quality checks once the enrollment packet is uploaded to  CIDR  by  Registrar/Enrolment  agency.  During  these  processes  erroneous  packets  gets rejected. UIDAI  also  receives  resident feedback/grievances through  various channels regarding overcharging of residents for enrolment/update. UIDAI has started taking feedback from enrolled resident by calling/contacting them about their experience during their Aadhaar enrolment / update. Following are the broad objectives and actions proposed for Enforcing of

Aadhaar (Enrolment and Update) Regulations 2016, processes, standards, guidelines, Data Quality and containing corrupt / fraudulent practices. To ensure that the interests of the UIDAI and the resident are protected, poor data quality and deviations from process norms (herein after called deficiencies) are dis-incentivized. Equally, the disincentives imposed must seek to serve as a deterrent and provide an opportunity for improvement, but must not become an unsustainable liability for the enrolment partners.

2. Specific deficiencies shall attract financial disincentives and administrative actions whereas Performance based periodic review attract administrative action if overall performance is poor for the period under review.
3. All the transactions during the previous month, irrespective of enrolment for new Aadhaar or update shall be considered for assessing the deficiencies
4. The overall financial dis-incentives on account of deficiencies other than corruption charges, in a given month, shall be capped at 10 % of the total amount payable in that month to the registrar  -  EA  combination.  The  outstanding  amount  due  to  capping  shall  not  be  carried forward to the next month.
5. The financial disincentive to be imposed against the corrupt practices reported by Regional Office for action as per MOM of the Standard Reconciliation Committee (SRC) meeting will be imposed in full.  Considering the UIDAI policy of 0% tolerance against corruption, this shall be applied over and above the deficiency charges mentioned as per para 3 above. The financial disincentive on corruption to be impossed only as per SRC report submitted by RO, including on OBD survey cases. The outstanding amount due over and above the amount payable during the month shall not be carried forward to the next month.
6. UIDAI, while making payment of assistance to Registrars will deduct the amount on account of financial disincentives.
7. In case of any dispute on the financial disincentive imposed against deficiencies or corruption cases, the Registrar may raise the same in the next SRC meeting and action shall be taken based on the decision of the SRC Committee.
8. Various deficiencies & Financial disincentives /administrative actions are as below.

combination.

payment.

|   Sl. No. | Criteria                                                                                                                                                                                                                                              | Amount                 | Existing                                                                  | Revised                                                                                                                                                                                                                                                                                                                                                                                                                                            |
|-----------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------|---------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|         1 | Packets to be considered for assessing Deficiency                                                                                                                                                                                                     |                        | Only New Enrolment packets considered for calculating deficiency          | New Enrolment and update packets to be considered for calculating deficiency                                                                                                                                                                                                                                                                                                                                                                       |
|         2 | Capping on penalty                                                                                                                                                                                                                                    |                        | The maximum penalty capped to 10% of income (including SLA on corruption) | The overall financial dis- incentives on account of deficiencies other than corruption charges, in a given month, shall be capped at 10 % of the total amount payable in that month to the registrar - EA combination. The 10% capping shall not be applicable for SLA on Corruption and the entire amount shall be deducted from payment. SLA on corruption to be impossed only as per SRC report submitted by RO, including on OBD survey cases. |
|         3 | Carry forward                                                                                                                                                                                                                                         |                        | The unrecovered penalty shall not be carried forwarded to the next month  | The unrecovered penalty shall not be carried forwarded to the next month                                                                                                                                                                                                                                                                                                                                                                           |
|         4 | Gross violation of the stipulated guidelines with potential intent of fraud- tampering of UIDAI's software (BYPASS of operator/supervisor Biometrics)                                                                                                 | Rs 100,000 per machine | Suspension of operator for 5 years                                        | Suspension of operator for 5 years                                                                                                                                                                                                                                                                                                                                                                                                                 |
|         5 | Gross violation of the stipulated guidelines with potential intent of fraud- I. Overcharging resident for UIDAI services/involved in corrupt practices. II. For running unauthorized enrolment center found during inspections III. Found involved in | Rs 50,000 per incident | Suspension of operator for 1 year                                         | Suspension of operator for 1 year                                                                                                                                                                                                                                                                                                                                                                                                                  |

errors errors

|    | corrupt practices based on the outbound dialer survey                                                                                                                                                                    |                      |                                                                                                                                                                                                                                  |                                                                                                                                                                                                                          |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  6 | Biometric Error I (BE-I) I. Full finger prints or full iris incorrectly recorded as missing II. Photo of photo with in a Biometric exception III. Exception photo of a different person IV. Exception photo of an object | Rs 10,000 Per packet | For monthly cumulative BE-I errors I. For 1 or more cases suspension of operator for retraining II. For 5 or more cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1 | For monthly cumulative BE-I errors I. For 1-3 cases suspension of operator for 1 year II. For more than 3 cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1 |
|  7 | Photo of photo (POP) I. When a photo is of other photograph /or Non Human                                                                                                                                                | Rs 10,000 Per packet | For monthly cumulative POP errors I. For 1 or more cases suspension of operator for 1 year II. For 5 or more cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1      | For monthly cumulative BE-I errors I. For 1-3 cases suspension of operator for 1 year II. For more than 3 cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1 |

errors such errors

reinstated  after  retraining.

year.

years.

reinstated  after  retraining.

reinstated  after  retraining.

|   8 | Document Error (DOE I) I. Fraudulent document II. Missing document                                              | Rs 10,000 Per packet   | For monthly cumulative DOE-I errors I. For 1 or more cases suspension of operator for retraining II. For 5 or more cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1   | For monthly cumulative DOE-I errors I For 1-3 cases suspension of operator for 1 year II. For more than 3 cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1                                                                                                 |
|-----|-----------------------------------------------------------------------------------------------------------------|------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   9 | Use of unparliamentarily language/abusive language in residents demographics                                    | Rs 1000 Per packet     | For monthly cumulative such errors I. For 1 or more cases suspension of operator for retraining II. For 5 or more cases suspension of operator for 5 years Appropriate legal action needs to be taken if cumulative error is >=1    | For monthly cumulative such errors I. For 1 case - disassociation of operator for 3 months. Can be reinstated after retraining. II. For 2-3 cases Suspension of operator for 1 year. III. For 4 or more cases - Suspension of operator for 5 years. Appropriate legal action needs to be taken if cumulative error is >5 |
|  10 | Document Error (DOE II) I. Poor quality document II. Invalid document III. Demographic data mismatch            | Rs 25 Per packet       | For monthly cumulative DOE-II errors For 30 or more cases suspension of operator for retraining                                                                                                                                     | For monthly cumulative DOE-II errors I. For 30-100 cases dis- association of operator for 3 months. Can be reinstated after retraining. II. For 100 or more cases suspension of operator for 1 year.                                                                                                                     |
|  11 | Biometric Error II (BE-II) I. Bad quality photo in exception photo II. Exception not visible in exception photo | Rs 25 Per packet       | For monthly cumulative BE-II errors For 30 or more cases suspension of operator for retraining                                                                                                                                      | For monthly cumulative BE-II errors I. For 30-100 cases dis association of operator for 3 months. Can be reinstated after retraining. II. For 100 or more cases suspension of operator for 1 year.                                                                                                                       |

reinstated  after  retraining.

reinstated  after  retraining.

|   12 | Biometric Error III (BE-III) I. Photo not as per guidelines                                                                            | Rs 25 Per packet   | For monthly cumulative BE-III errors For 30 or more cases suspension of operator for retraining   | For monthly cumulative BE-III errors I. For 30-100 cases dis association of operator for 3 months. Can be reinstated after retraining. II. For 100 or more cases suspension of operator for 1 year.   |
|------|----------------------------------------------------------------------------------------------------------------------------------------|--------------------|---------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   13 | Demographic Error (DE) I. Gender/Photo mismatch II. Age/Photo mismatch III. Error in Name/incomplete Address IV. Relationship mismatch | Rs 25 Per packet   | For monthly cumulative DE errors For 30 or more cases suspension of operator for retraining       | For monthly cumulative DE errors I. For 30-100 cases dis association of operator for 3 months. Can be reinstated after retraining. II. For 100 or more cases suspension of operator for 1 year.       |

## * NOTE :

(i) Incase the operator/supervisor is an employee of the Registrar (Banks, post offices and state governments), instead of suspension of operator/supervisor, departmental action be taken by the respective Registrar. In cases of outsourced operators by Registrars, the deactivation/suspension shall  continue.  However,  in  cases  of  grave/gross  violations  such  as  tampering  of  enrolment software, the suspension may be done even if the operator is an employee of the Registrar . (ii) The retraining of the operators will be done by the concerned Registrar at their premises  or at  respective  Regional  Office  of  UIDAI.  The  operator  will  remain  deactivated/suspended  till retraining  and  will  be  reactivated  only  on  the  recommendation  of  Regional  reconciliation committee at RO as per existing operators on-boarding process/procedures.

## 9. Review of EA based on adherence of process guidelines

The EA is required to ensure compliance to processes prescribed by the UIDAI. Noncompliance would attract appropriate action against the agency.

Activities deemed as non-compliant are listed below. This list is indicative and not exhaustive.

- Enrolling residents using unregistered enrolment stations or tampered software
- Sending spurious files to CIDR as enrolment packets
- Not complying with the enforcement of deactivation/suspension
- Engaging in activity that is against the process, policy and guidelines of UIDAI.

The  review  pertaining  to  adherence  to  process  guidelines  could  take  place  either  during  the periodic review or as a result of complaints received from time to time. Based on the severity and/ or recurrence of such complaints, appropriate action would be taken against the EA and Operator.

Notwithstanding the provisions made above, UIDAI reserves the right to take exemplary action against EAs in case the nature of error/ non-compliance is of great severity.

## 10. Review of Operator performance based on soft skills.

The  Operator  is  the  individual  who  would  interact  with  the  resident.  Hence  appropriate interaction of the Operator with the resident, is imperative. Departure from this norm could attract action against the Operator.

Actions deemed as inappropriate are listed below. This list is indicative and not exhaustive.

- Rude behaviour or physical/ verbal abuse to the resident
- Charging money from the resident or promoting touts etc
- Miscommunication  to  residents  with  missing  biometrics,  stating  that  they  cannot  be enrolled
- Misguiding  the  resident  in  any  manner  that  is  contrary  to  the  stated  guidelines  and procedures of UIDAI

The review of Soft Skills would take place during the monthly review or as a result of complaints received  from  time  to  time.  Based  on  the  severity  and/  or  recurrence  of  such  complaints, appropriate action would be taken against the Operator.

Notwithstanding the provisions made above, UIDAI reserves the right to take exemplary action against an Operator/ supervisor in case the   nature   of error/ non-compliance is of great severity.

## 11. Objection or request for correction by respective Registrars and EAs:

The registrars  /  Enrolment  agencies  will  be  given  opportunity  for  objection  or  request  for correction to standing reconciliation committee decisions at respective Regional Offices as per Registrar/RO mapping.  The Registrars are mapped with the UIDAI Regional Office, in whose jurisdiction Registrar's head quarter is located.

12. The responsibility matrix for enforcement of financial  disincentive and administrative action shall be as follows:

| RESPONSIBILITY MATRIX                            | RESPONSIBILITY MATRIX                                                                                                                                       | RESPONSIBILITY MATRIX                            | RESPONSIBILITY MATRIX                            |
|--------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------|--------------------------------------------------|
| S. No.                                           | Item                                                                                                                                                        | Time lines (in days)                             | Responsibility                                   |
| Financial Disincentive for specific deficiencies | Financial Disincentive for specific deficiencies                                                                                                            | Financial Disincentive for specific deficiencies | Financial Disincentive for specific deficiencies |
| 1                                                | Monthly Aadhaar generation and deficiencies report in prescribed template by 10 th of every month.                                                          | D + 10                                           | Tech Centre, UIDAI                               |
| 2                                                | Receipt of report from RO level reconciliation committee about corrupt practices &other relevant matters                                                    | D + 10                                           | Reconciliation committee at RO UIDAI             |
| 3                                                | Issue of release order Assistance to Registrar by EU division HQ by 20 th of every month.                                                                   | D + 20                                           | E&U Division, UIDAI                              |
| 4                                                | Submission of objection or request for correction by respective Registrars and EAs to respective regional reconciliation committee by 30 th of every month. | D + 30                                           | Registrars/EAs                                   |

| 5                                                             | Recommendation of reconciliation committee on the objections or request for correction by 10 th of following month.                                   | D + 40                                                        | Reconciliation committee at RO UIDAI                          |
|---------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------|---------------------------------------------------------------|
| 6                                                             | Effecting the recommendation of reconciliation committee along with the next payment cycle.                                                           | D + 50                                                        | E&U division, UIDAI                                           |
| Monthly performance review of operators based on data quality | Monthly performance review of operators based on data quality                                                                                         | Monthly performance review of operators based on data quality | Monthly performance review of operators based on data quality |
| 1                                                             | Performance based monthly report of enrolment operators as per methodology for enforcing process guidelines and data quality by 10 th of every month. | D +10                                                         | Tech Centre, UIDAI                                            |
| 2                                                             | Action of disassociation/suspension of the operator by respective regional offices.                                                                   | D + 15                                                        | Respective Regional Offices, UIDAI                            |
| 3                                                             | Stopping of enrolment by disassociated/suspended operators.                                                                                           | D + 20                                                        | Regional Office/ Registrar/ EAs                               |

|   Monthly Review of operator performance based on soft skills | Monthly Review of operator performance based on soft skills   | Monthly Review of operator performance based on soft skills   | Monthly Review of operator performance based on soft skills   |
|---------------------------------------------------------------|---------------------------------------------------------------|---------------------------------------------------------------|---------------------------------------------------------------|
|                                                             1 | Review of operator performance based on soft skills           | Monthly/case to case basis                                    | Regional reconciliation committee                             |

********