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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
No. 3522/DRDM/C3/Regn./2017.
Puducherry, the 12th April 2018.
NOTIFICATION
In exercise of the powers conferred by clause (j) of sub-section (1)
of section 69, read with section 32 A of the Registration Act, 1908
(Act 16 of 1908), the Inspector-General of Registration, Government of
Puducherry with the prior approval of the Government as required under
sub-section (2) of section 69 of the said Act, hereby makes the following
rules, namely:—
2018 }
| 20 {
No. 20 Poudouchéry
Vendredi
20
Avril
2018
No.
Puducherry
Friday
20th
April
2018
( 30 Chaitra 1940 )
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LA GAZETTE DE L'ETAT
[PART–II
1. Short title, extent and commencement.— (1) These rules may be
called the Puducherry Registration (Use of Aadhaar number) Rules, 2018.
(2) These rules shall come into force in all the Offices of the
Sub-Registrar from the date as notified by the Inspector-General of
Registration.
2. Definitions.— In these rules, unless there is anything
repugnant in the subject or context—
(1) 'Aadhaar number', 'Aadhaar number holder', 'Authentication'
and other words/terminology relating to Aadhaar number and matter
connected therewith, when used in this rule, and not defined in the Act,
have the same meaning as defined in the Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Act, 2016 and the
Information Technology Act, 2000;
(2) “Act” means the Registration Act, 1908 (16 of 1908);
(3) ‘Applicant’ means executants, claimant and witnesses of the
deed;
(4) ‘CIDR’ means Central Identities Data Repository, a
centralised database in one or more locations containing all Aadhaar
numbers issued to Aadhaar number holders alongwith the corresponding
demographic information and biometric information of such individuals
and other information related thereto;
(5) “Requesting Entity” means an agency or person that
submits the Aadhaar number and demographic information or biometric
information of an individual to the Central Identities Data Repository
for authentication;
(6) ‘UIDAI’ means Unique Identification Authority of India as
provided in the Aadhaar (Targeted Delivery of Financial and other
Subsidies, Benefits and Services) Act, 2016.
3. Application
of
Aadhaar
Act
and
its
Regulations.—
(1) Provisions of the Aadhaar Act and Regulations framed thereunder
have come into effect from the 14th day of September, 2016 and
notifications to this effect have been published in the Official Gazette
by the Government of India, section 57 of the Aadhaar Act, 2016 permits
the use of Aadhaar number for establishing the identity of an individual
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PART–II]
LA GAZETTE DE L'ETAT
for any purpose pursuant to any law or contract to this effect subject
to the procedure and obligations under section 8 and Chapter VI of the
Aadhaar Act, 2016.
(2) Use of consent-based Aadhaar authentication of executants
as a valid method of collecting the information mentioned in section 32 A
of the Registration Act, 1908 for registration of documents may be
enabled in Sub-Registrar Offices as notified by the Inspector-General of
Registration to make the system citizen- friendly and also substantially
contribute towards the objective of preventing/identifying benami/
fraudulent transactions, which is in overall national and public interest.
4. Authentication of Aadhaar.— (1) An Applicant executing the
registration of deed is required to provide his/her Aadhaar number
and other details as sought at the time of registration of deed for
the purpose of establishing his/her identity and authentication thereof.
The Applicant shall be required to undergo Aadhaar authentication
at the time of verification of details at the registration office.
(2) An Applicant not yet enrolled for Aadhaar is required to
apply for Aadhaar enrolment in case, he/she is entitled to obtain an
Aadhaar number as per section 3 of the Aadhaar Act, 2016. Such an
Applicant may visit any nearby Aadhaar Enrolment Centre (list available
at www.uidai.gov.in) to get enrolled for Aadhaar.
(3) An Applicant who has enrolled for Aadhaar and has not
received the Aadhaar number should provide the 28 digit Aadhaar
Enrolment ID printed on the Aadhaar enrolment slip, at the time of
registration of deed. The registration of deed, subject to other
requirements, will be accepted with such Enrolment ID mentioned on the
same. Once Aadhaar number is assigned to such applicants, they will
be required to provide the Aadhaar number online and also undergo
Aadhaar authentication at the registration office either prior or post
registration of the deed as the case may be.
(4) An Applicant, who is entitled to registration of deed under
the provisions of the Registration Act, 1908 but, not for an Aadhaar
number, shall make an application for Aadhaar enrolment as soon as he/
she becomes so eligible. Once an application for enrolment is made, the
same process as in sub-rules (2) and (3) above shall be followed.
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LA GAZETTE DE L'ETAT
[PART–II
online publication at “http://styandptg.puducherry.gov.in”
Published by The Director, Government Press
Printed at: Government Central Press, Puducherry.
Posted at: Puducherry HPO on every Tuesday
Provided, in the event of failure to comply with the requirements
of sub-rule (4), registration of instruments under the provisions of the
Registration Act, 1908 shall be allowed to such executants/claimants and
witnesses subject to the production of identity proofs issued by the
Government.
5. Procedure for registration of documents.— The procedure
adopted for the verification and authentication of parties shall be:
(1) The Aadhaar number and biometrics of the parties shall be
captured in view of the provision in section 32 A of the
Registration Act, 1908 with the consent (to be obtained physically
or electronically) of the parties for authentication specifying the
purpose and data sharing before carrying out the authentication.
(2) The Aadhaar number and the fingerprint of parties captured
shall be sent to UIDAI’s CIDR for validation, following which the
UIDAI verifies and confirms the correctness thereof on the basis
of the match with the Aadhaar holder's identity information
available with it.
(3) Upon successful matching of
Aadhaar number and
fingerprints, registration of the deed can be done.
(4) The Aadhaar number and authentication details shall be
incorporated in the deed registered and to be scanned for records.
6. Restriction.— The identity information available with a
requesting entity shall not be used for any purpose, other than for
submission to the CIDR for authentication.
7. Application of these rules.— Above provisions shall also be
applicable to the entities such as Organisations/Institutions/Karta of
Hindu Undivided Family (HUF), wherein, the authorised signatory of
these entities shall fulfil the aforesaid provisions.
Dr. V. CANDAVELOU,
Inspector-General of Registration-cum-
Secretary to Government (Revenue).