SEC . 1]
THE GAZETTE OF INDIA EXTRAORDINARY
13
(g) reveals any information in contravention of sub-section (5) of section 28, or
shares, uses or displays information in contravention of section 29 or assists any
person in any of the aforementioned acts;
(h) destroys, deletes or alters any information stored in any removable storage
media or in the Central Identities Data Repository or diminishes its value or utility or
affects it injuriously by any means; or
(i) steals, conceals, destroys or alters or causes any person to steal, conceal,
destroy or alter any computer source code used by the Authority with an intention to
cause damage,
shall be punishable with imprisonment for a term which may extend to three years and shall
also be liable to a fine which shall not be less than ten lakh rupees.
21 of 2000.
Explanation.— For the purposes of this section, the expressions “computer
contaminant”, “computer virus” and “damage” shall have the meanings respectively
assigned to them in the Explanation to section 43 of the Information Technology Act, 2000,
and the expression “computer source code” shall have the meaning assigned to it in the
Explanation to section 65 of the said Act.
39. Whoever, not being authorised by the Authority, uses or tampers with the data in
the Central Identities Data Repository or in any removable storage medium with the intent
of modifying information relating to Aadhaar number holder or discovering any information
thereof, shall be punishable with imprisonment for a term which may extend to three years
and shall also be liable to a fine which may extend to ten thousand rupees.
Penalty for
tampering
with data in
Central
Identities
Data
Repository.
40. Whoever, being a requesting entity, uses the identity information of an individual
in contravention of sub-section (3) of section 8, shall be punishable with imprisonment
which may extend to three years or with a fine which may extend to ten thousand rupees or,
in the case of a company, with a fine which may extend to one lakh rupees or with both.
Penalty for
unauthorised
use by
requesting
entity.
41. Whoever, being an enrolling agency or a requesting entity, fails to comply with
the requirements of sub-section (2) of section 3 or sub-section (3) of section 8, shall be
punishable with imprisonment which may extend to one year or with a fine which may
extend to ten thousand rupees or, in the case of a company, with a fine which may extend to
one lakh rupees or with both.
Penalty for
noncompliance
with
intimation
requirements.
42. Whoever commits an offence under this Act or any rules or regulations made
thereunder for which no specific penalty is provided elsewhere than this section, shall be
punishable with imprisonment for a term which may extend to one year or with a fine which
may extend to twenty-five thousand rupees or, in the case of a company, with a fine which
may extend to one lakh rupees, or with both.
General
penalty.
43. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Offences by
companies.
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the part
of any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.