The Uttarakhand Devbhoomi Family Act, 2026
The Uttarakhand Devbhoomi Family Act, 2026
1. Short title, extent and commencement
- (1) This Act may be called the Uttarakhand Devbhoomi Parivar Act, 2026.
- (2) It extends to the whole of State of Uttarakhand.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed by the State Government for different provisions.
2. Definitions
In this Act, unless the context otherwise requires, -
- (a) “authentication” means the process by which the Devbhoomi Parivar ID along with the related information is submitted to the Unified Family Data Repository for its verification or authentication and such Repository verifies the correctness or the lack thereof, through the process specified in section 5, and the expression “authenticated” with its cognate meanings and grammatical variations shall be construed accordingly;
- (b) “Authority” means the Devbhoomi Parivar Authority established under section 14;
- (c) “benefit” means any advantage, gift, reward, relief or payment, in cash or kind, provided to an individual or a family by or on behalf of the State Government or any Government agency or local agency/local authority and includes such other benefits, as may be notified by the State Government, from time to time;
- (d) “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed under sub-section (1) of section 23;
- (e) “communication” means a message sent by any medium on the mobile number of the head of family & an adult member of the family, as the case may be, & if a mobile number is not provided, then by registered/speed post on the address provided along with the information under section 3;
- (f) “designated portal” means such web portal of the Authority, as may be notified by the Authority;
- (g) “Devbhoomi Parivar ID” means an identification number issued to a family or resident under Section 9; having a permanent residence in Uttarakhand or Uttarakhand State Government employee, or a regular honorarium-based relation with the State.
- (h) “Devbhoomi Parivar ID holder” means a family including its members thereof who have been issued a Devbhoomi Parivar ID under this Act;
- (i) “District Devbhoomi Parivar Officer” means the officer for the verification, maintenance and update of the data within the district appointed under sub-section (1) of section 24;
- (j) “Family” means a group of one or more residents residing at a single address and related to each other in such manner as may be approved by the Governing Body, on the recommendations of the State Government;
- (k) "Fund" means the Fund constituted under section 25 of the Act;
- (l) "Government agency" means any company or organization owned or controlled by State Government & includes a board or statutory body or authority established by the Government;
- (m) "information" in respect of a family, includes information of all members of the family and such data fields for the purposes of determining eligibility for or the provision of any scheme, service, subsidy or benefit provided or implemented by or on behalf of the State Government or any Government agency or local agency/local authority;
- (n) "Institutional Family" means a group of residents residing at a single address in an institution, facility, or establishment, whether run by the Government, local agency/local authority, or a private entity, including but not limited to residential care institutions, religious institutions, shelter homes, old age homes, orphanages, child care institutions, homes for persons with disabilities, mental health establishments, or any other similar institution, where care, support, or accommodation is provided collectively and the residents do not constitute a Family as specified in clause (j) of section 2;
- (o) "local agency/local authority" means a Municipal Corporation, Municipal Council, Nagar Panchayat, Cantonment Board, Gram Panchayat, Kshetra Panchayat or Zila Panchayat, as the case may be;
- (p) "notification" means a notification published in the Official Gazette and the expression "notified" with its cognate meanings and grammatical variations shall be construed accordingly;
- (q) "prescribed" means prescribed by the rules made under this Act;
- (r) "resident" means an individual or a family who is residing in the territorial limits of the State of Uttarakhand continuously from the last fifteen or more years. This also includes a permanent employee of the State Government, State Government agency or local agency/local authority (& his/her family, as prescribed) who resides in the State or outside the State of Uttarakhand or who has been deputed by the State Government, State Government agency or local agency/local authority outside the State of Uttarakhand (irrespective of years in service with State Government); Explanation - Mere temporary residence, employment, education, or posting in the State of Uttarakhand without fulfilment of any one of the above conditions shall not be considered a "resident" under this Act. "State Government" means the State Government of Uttarakhand;
- (t) "subsidy" means any form of aid, support, grant, subvention or appropriation in cash or kind to an individual or a family and includes such all other subsidies provided, wholly or partly out of the Consolidated-Fund of the State of Uttarakhand;
- (u) "Unified Family Data Repository" means a centralised database in one or more locations containing all Devbhoomi Parivar IDs issued to Devbhoomi Parivar ID holders along with the corresponding information related thereto.
3. Entitlement to obtain Devbhoomi Parivar ID
- (1) Every family, being a resident of the State of Uttarakhand shall be entitled to obtain a Devbhoomi Parivar ID by providing, submitting or updating on the designated portal, information comprised of such data fields, as may be notified by the Authority with the prior approval of the State Government, for determining eligibility for or the provision of any scheme, subsidy or benefit provided or implemented by or on behalf of the State Government or any Government agency or local agency/local authority.
- (2) Based on the information submitted and subject to the eligibility criteria as may be prescribed in the rules, each family or individual shall be issued a Devbhoomi Parivar ID
- (3) For the purposes of sub-section (1), any adult member of the family may provide, submit or update the information of the family.
4. Consent for collection and use of Personal Information
- (1) No personal information shall be collected, processed, or used under this Act without the free, informed, specific, and unambiguous consent of the individual to whom the data pertains or, in the case of a family, the head of the family or any consenting adult member thereof, in accordance with the provisions of the applicable laws of the country.
- (2) Such consent shall be obtained in such form and manner as may be prescribed, and shall be revocable, and denial of consent shall not affect the entitlement of any person to receive any benefit, service, or scheme under any law, unless such data is indispensable to determine eligibility for such benefit, service or scheme.
5. Verification of Information
- (1) After the receipt of the information under section 3, the Authority shall initiate the verification of each data field through electronic integration, access or comparison with authenticated data sets maintained by the relevant departments, State Government agency, or local agency/local authority vested with the responsibility of maintaining such data under applicable law. The Authority shall not undertake physical verification on its own unless specifically authorized to do so by the State Government.
- (2) The Authority shall notify procedures for verification of data fields based on the data sources/State Government Departments/State Government databases designated as data owners of the respective data fields by the State Government from time to time.
- (3) On verification of each data field under sub-section (1), the Authority shall tag in the Unified Family Data Repository, each such data field that is consistent on verification with the information provided, submitted or updated under section 3 as "verified" and such data fields that are inconsistent on verification with the information so provided, submitted or updated under section 3 as "not verified".
- (4) Each data field that is marked with the tag of "not verified" shall be communicated to the head of the family and the adult member to whom the information relates for correction or further updation or submission of any document issued by any competent authority of State Government or local agency/local authority vested with the powers by or under law to issue such document or record, supporting the information provided, submitted or updated by him under section 3.
- (5) The Authority shall initiate verification, in the manner notified under sub-section (1), of the information corrected or further updated or the document submitted under sub-section (3) and shall act as provided in sub-section (2).
6. Ownership of Information
- (1) The Authority shall function only as a data aggregator and integrator for the purposes of this Act. The State Government, on the recommendation of the Authority, shall by notification, identify the data owners for each data field provided by the resident in the Unified Family Data Repository as per the provisions of Section 3 of the Act.
- (2) The ownership and responsibility of any data field sourced from other departments, agencies, or authorities of the Government, shall remain with the respective department, agency or local agency/ local authority.
7. Requirement to update or correct information
The Authority may, by notification, require the Devbhoomi Parivar ID holders to update or correct the information, from time to time, so as to ensure continued accuracy and reliability of the information in the Unified Family Data Repository.
8. Security and confidentiality of information
- (1) The Authority shall ensure the security of data maintained by it.
- (2) Subject to the provisions of this Act, the Authority shall ensure confidentiality of data of families maintained by it.
- (3) The Authority shall take all necessary measures to ensure that the data in the possession or control of the Authority, including information stored in the Unified Family Data Repository is secured and protected against unauthorised access, use or disclosure and against accidental or intentional destruction, loss or damage.
- (4) Without prejudice to sub-sections (1) and (2), the Authority shall-
- (a) adopt and implement appropriate technical and organisational security measures;
- (b) ensure that any person appointed or engaged for performing any function of the Authority under this Act or rules or notifications made thereunder follows appropriate technical and organisational security measures;
- (c) ensure that the agreements or arrangements entered into with any person impose obligations equivalent to those imposed on the Authority under this Act and require such person to act only on instructions from the Authority or powers delegated by or on behalf of the Authority.
- (5) Notwithstanding anything contained in any other State law for the time being in force and save as otherwise provided by or under this Act, no officer or other employee of the Authority shall, whether during his service or thereafter, reveal any data stored in the Unified Family Data Repository or authentication record to anyone except for the purposes of planning or evaluation by the State Government or for the purpose of determining eligibility for or the provision of any subsidy, scheme or benefit.
- (6) The information collected, verified or authenticated by the Authority in the Unified Family Data Repository or created under this Act shall be shared only in such manner, as may be specified by rules and notifications.
- (7) No information of a family collected, verified or authenticated by the Authority in the Unified Family Data Repository or created under this Act shall be published, displayed or posted publicly, except for the purposes, as may be specified by rules/notifications.
9. Devbhoomi Parivar ID
- (1) The Devbhoomi Parivar ID issued to a family shall be unique and shall not be re- assigned to any other family.
- (2) The Devbhoomi Parivar ID shall be a random set of alpha-numeric characters following such pattern, as notified by the Authority and shall bear no relation to the attributes of or information provided by the family under section 3.
10. Requirement of Devbhoomi Parivar ID
The State Government, on the recommendation of the Authority, may, by notification, direct that the Devbhoomi Parivar ID with such data fields, as may be specified in the notification and verified in the manner indicated in section 5, as a requirement for determining eligibility for the provision of any scheme, subsidy or benefit provided or implemented by or on behalf of the State Government or any Government agency or local agency/local authority: Provided that if the applicant for any scheme, benefit or subsidy does not possess the Devbhoomi Parivar ID and is otherwise eligible to receive such scheme, benefit or subsidy then the State Government may direct that the data provided by such beneficiary to receive such scheme, benefit or subsidy be verified or authenticated by such alternate means, as may be prescribed and such means may, if the State Government so directs, include the payment of an additional fee by such applicant for authentication or verification of the data so provided.
11. Extension of Information for verification/authentication
The State Government may, by notification, extend the use of the Devbhoomi Parivar ID along with verification or authentication of information to schemes wholly funded or services wholly provided by the Central Government on the request of or with the prior approval of such Government.
12. Head of the Family for Devbhoomi Parivar ID
- (1) The eldest woman who is not less than eighteen years of age, in a family, shall be head of the family for the purpose of issue of Devbhoomi Parivar ID.
- (2) Where a family at any time does not have a woman or does not have a woman of eighteen years of age or above, then, the eldest male member in the family shall be the head of the family for the purpose of issue of Devbhoomi Parivar ID and the eldest female member, on attaining the age of eighteen years, shall become the head of the family for such Devbhoomi Parivar ID in place of such male member.
- (3) The head of a family may, in such manner as may be prescribed, nominate any other member of the family who has attained the age of eighteen years to act as the head of the family.
13. Upon such nomination being recorded in accordance with the prescribed procedure, the nominated member shall, for all purposes under this Act, be deemed to be the head of the family.
Unified Family Data Repository
- (1) The information provided, updated, submitted or corrected by every family under section 3 along with the status of verification or authentication carried out by the Authority under section 5 shall constitute the Unified Family Data Repository.
- (2) The information of a family in the Unified Family Data Repository which is verified or authenticated under section 5 may be accepted, subject to such other conditions, as may be specified by the Authority as conclusive proof for the purpose of determining eligibility for or the provision of any scheme, subsidy or benefit provided or implemented by or on behalf of the State Government or any Government agency or local agency/local authority without any additional documentation or proof.
14. Devbhoomi Parivar Authority
- (1) The State Government shall, by notification and with effect from such date, as may be specified in the notification, establish, for the purposes of this Act, an Authority to be called the Devbhoomi Parivar Authority.
- (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose off property, both movable and immovable and to contract and shall, by the said name sue or be sued.
- (3) The Authority shall have its headquarters at such place, as the State Government may notify.
15. Governing Body of Authority
- (1) There shall be constituted a Board to be called the Governing Body which shall be the principal executive body of the Authority.
- (2) Subject to the other provisions of this Act and rules made thereunder, the general superintendence, direction and management shall vest with the Governing Body.
16. Constitution of Governing Body
- (1) The Governing Body shall be constituted from the following members, namely:-
- (a) The Chief Minister of the Government of Uttarakhand - Chairperson
- (b) Chief Secretary to the Government of Uttarakhand - ex-officio Deputy Chairperson
- (c) Additional Chief Secretary/Principal Secretary/Secretary to Government of Uttarakhand, Department of Planning - ex-officio member
- (d) Additional Chief Secretary/Principal Secretary/Secretary to Government of Uttarakhand, Department of Finance - ex-officio member
- (e) Additional Chief Secretary/Principal Secretary/Secretary to Government of Uttarakhand, Department of Law - ex-officio member
- (f) Additional Chief Secretary/Principal Secretary/Secretary to Government of Uttarakhand, Department of Social Welfare - ex-officio member
- (g) Additional Chief Secretary/Principal Secretary/Secretary to Government of Uttarakhand, Department of Panchayati Raj - ex-officio member
- (h) Additional Chief Secretary/Principal Secretary/Secretary to Government of Uttarakhand, Department of Information Technology - ex-officio member
- (i) Special Secretary/Additional Secretary to Government of Uttarakhand, Department of Planning - ex-officio member
- (j) Chief Executive Officer, Devbhoomi Parivar Authority - Member Secretary
- (2) In addition to the above, the State Government may, from time to time and on the recommendations of the Governing Body, nominate a maximum of 3 members from the field of information and communication technology, cyber security, network security, data analytics, data security, data management, data warehousing, privacy or constitutional law, finance and economics etc. as part of the Governing Body.
- (3) Other individuals, institutions, organisations and corporate bodies may be nominated in the future as co-opted members by the State Government as per the terms and conditions of eligibility as may be laid down and approved by the Governing Body from time to time.
- (4) Any vacancy in the Governing Body shall be filled in duly by the authority entitled to make such appointment.
17. No act or proceeding of the Governing Body shall be invalid merely by reason of existence of any vacancy therein or of any defect in appointments of any of its members.
Powers & Functions of Governing Body
- (1) The Governing Body shall be the supreme policy-making authority of the Authority and shall exercise such powers and perform such functions as may be necessary to carry out the purposes of this Act.
- (2) Without prejudice to the generality of the foregoing, the Governing Body shall have the following powers:-
- (a) to lay down the outlook, objectives and long-term strategy of the Authority;
- (b) to prepare policies, procedures, technology and systems relating to the creation, maintenance, update, integration and use of the Unified Family Data Repository;
- (c) to prepare the policy, procedure for generating and issuing Devbhoomi Parivar ID to families
- (d) deactivating the Devbhoomi Parivar ID & information relating thereto in such cases & in such manner, as may be specified by notifications.
- (e) to collect, update, manage and maintain information of the family and its members in the form of specified data fields and develop and implement mechanisms, processes and systems for authenticating or verifying such information.
- (f) to direct the Government department concerned or Government agency or local agency/local authority to define procedures, technology and data standards to enable the integration of the database maintained and held by the Authority with that of the department or agency of the State Government providing such benefit, subsidy, scheme or service which is notified under section 10 of this Act
- (g) to specify the manner, data standards, technology systems and related processes for use of Devbhoomi Parivar ID and the information contained in the Unified Family Data Repository for the purpose of determining eligibility for or the provision of any scheme, subsidy or benefit provided or implemented by or on behalf of the State Government or any Government agency or local agency/local authority and other purposes for which the Devbhoomi Parivar ID may be used.
- (h) to approve inclusion of departments, schemes or use cases for utilisation of the Unified Family Data Repository in accordance with the provisions of this Act.
- (i) such other powers and functions, as may be prescribed.
- (3) The Governing Body shall:-
- (a) have the power to appoint, constitute, reconstitute or dissolve such committees, as may be necessary to assist the Authority to discharge its functions for the purposes of this Act and to approve the powers delegated to such committees;
- (b) review the functioning and performance of such committees and issue policy directions consistent with this Act;
- (c) recommend the organisational structure, posts, and service rules for the employees of the Authority for the approval of the State Government.
- (4) The Governing Body shall:-
- (a) approve or amend the annual budget, revised estimates and long-term financial plans of the Authority;
- (b) approve receipt of grants, aids, contributions or any other financial assistance from the State Government, or any other lawful source;
- (c) approve major expenditures and financial commitments beyond such limits as may be prescribed;
- (d) approve the annual accounts and audit reports of the Authority.
- (5) The Governing Body shall:-
- (a) approve frameworks for integration and interoperability of the Unified Family Data Repository with databases of other departments of the State Government or the Central Government;
- (b) approve the data privacy and data security policies for maintaining the resident data in the Unified Family Data Repository;
- (c) approve memoranda of understanding or agreements with government entities for lawful exchange or use of data;
- (d) promote convergence of welfare schemes and subsidies through Devbhoomi Parivar.
- (6) The Governing Body shall ensure integration and updation of the Unified Family Data Repository with data on births, deaths and marriages maintained by the competent authorities under the Registration of Births and Deaths Act, 1969 (Act 18 of 1969) and Uniform Civil Code Uttarakhand, 2024.
- (7) The Authority shall support the State Government or local agency/local authority by providing data analytics in relation to the information held by it so as to enable the State Government or local agency/local authority to formulate and implement policies, schemes, services, benefits or subsidies for the welfare of the people of the State of Uttarakhand.
- (8) The Governing Body shall:-
- (a) review periodic performance and outcome indicators of the Authority;
- (b) ensure that the database is utilised strictly for purposes authorised under this Act;
- (c) order special reviews, inspections or audits, including third-party audits, relating to data quality, security or compliance.
18. Delegation of powers of Governing Body
The Governing Body may, subject to such conditions as it may deem fit, delegate any of its powers or functions to the Chief Executive Officer or to any committee constituted by the Governing Body, except the powers mentioned in the sub-section (3) and sub-section (4) of Section 17.
19. Meetings of the Governing Body
- (1) The Governing Body shall meet at such time and place and subject to the provisions of sub-sections (2) and (3), observe such rules of procedure for conduct of meeting and transaction of business, as may be prescribed.
- (2) The Chairperson or if for any reason, he is unable to attend the meeting, by any reason whatsoever, the Deputy Chairperson shall preside over the meeting.
- (3) All issues at a meeting shall be decided by a majority of votes of the members present and voting, and in case of equality of votes, the Chairperson or the member presiding, as the case may be, shall have a casting vote.
- (4) The Chief Executive Officer shall maintain records of the meetings of the Governing Body in such manner, as may be prescribed.
20. Allowances to Members of Governing Body
- (1) The members other than ex-officio members shall receive such allowances for attending the meetings of the Governing Body, as may be decided by the Chairperson of the Governing Body.
- (2) A member, other than an ex-officio member, may, at any time, in writing, under his hand addressed to the Chairperson, resign.
21. Avoidance of conflict of interest
A member of the Governing Body having any direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the Governing Body, shall disclose the nature of his interest at such meeting and shall not take any part in any deliberation or decision of the Governing Body with respect to that matter.
22. Officers and other staff of Authority
- (1) The Governing Body may appoint such other officers and employees of the Authority in such manner and with such qualifications, as may be prescribed.
- (2) The salaries and allowances payable to and the other terms and conditions of service of officers and other employees of the Authority shall be such, as may be prescribed.
- (3) The Chief Executive Officer may appoint in such manner, for such temporary period and on such terms and conditions, as may be specified by notifications, such other staff, as he may consider necessary for the efficient performance of the functions of the Authority
23. Chief Executive Officer
- (1) The State Government shall appoint an officer not below the rank of Additional Secretary to Government of Uttarakhand as the Chief Executive Officer of the Authority.
- (2) The Chief Executive Officer shall be the executive head of the Authority and shall perform such duties and exercise such powers as may be assigned under this Act, as may be prescribed by the rules.
- (3) The Chief Executive Officer shall receive such salary and allowances along with such other facilities, as may be, determined by the State Government, from time to time, out of the Fund of the Authority.
- (4) Subject to the other provisions of this Act and rules made thereunder, the general superintendence, direction, management and administrative control over the affairs of the Authority shall vest in the Chief Executive Officer.
- (5) The Chief Executive Officer may, by a general or special order in writing, delegate such of his powers subject to such terms and conditions, as he may determine, upon any officer of the Authority: Provided that each such order of delegation and the terms and conditions of such delegation shall be placed before the Governing Body
- (6) The Chief Executive Officer may engage such consultants, advisors or technology professionals, as may be required for efficient discharge of its powers and functions under this Act, on such allowances or remuneration and on such terms and conditions, as may be specified by notifications.
24. District Devbhoomi Parivar Officer
- (1) The State Government shall appoint, in each district, an officer not below the rank of Additional District Magistrate as the District Devbhoomi Parivar Officer
- (2) Such officer shall discharge the functions assigned under this Act in addition to his or her regular duties.
- (3) The officer shall be responsible for implementation, supervision and coordination of activities relating to collection, verification, maintenance and update of data within the district, as entrusted by the Authority.
- (4) Without prejudice to the generality of the foregoing, the District Devbhoomi Parivar Officer shall:
- (a) ensure accuracy, completeness and consistency of data pertaining to individuals and families within the district;
- (b) supervise field-level verification, validation and correction of data in accordance with the prescribed procedures;
- (c) ensure timely and regular update of data arising from births, deaths, migration or change in family composition within the district.
25. Fund
- (1) There shall be constituted a Fund to be called the Devbhoomi Parivar Fund and there shall be credited thereto-
- (a) all grants, fees and charges received by the Authority under this Act; and
- (b) all sums received by the Authority from such other sources, as may be decided by the State Government including such grants-in-aid as it may consider necessary for carrying out the purposes of the Act.
- (2) The Fund shall be used for-
- (a) the administrative and operational expenses of the Authority, and;
- (b) the expenses incurred for meeting out the objects and purposes authorised by this Act.
26. Budget
- (1) The Chief Executive Officer shall submit a budget before the Governing Body in respect of the financial year next ensuing, showing the estimated receipts and expenditures of the Authority in such form, as may be prescribed.
- (2) The Governing Body shall, subject to such modifications and revisions, as it may decide, approve the budget submitted under sub-section (1).
- (3) The budget, as modified or revised by the Governing Body, shall be forwarded to the State Government along with such number of authenticated copies, as may be required by the State Government.
27. Accounts and Audit
- (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in such form, as may be prescribed.
- (2) The accounts of the Authority shall be subject to audit annually by the Accountant General of Uttarakhand and any expenditure incurred in connection with such audit shall be payable by the Authority to the Accountant General of Uttarakhand.
- (3) The Accountant General of Uttarakhand and any person appointed, in connection with the audit of accounts of the Authority shall have the same rights, privileges and authority in connection with such audit as the Accountant General of Uttarakhand has in connection with the audit of the Government accounts and, in particular, shall have right to demand the production of books, accounts, connected vouchers, other documents and papers and to inspect the office of the Authority.
- (4) The accounts of the Authority as certified by the Accountant General of Uttarakhand or any other person appointed by him in this behalf together with the audit report thereon and an explanatory memorandum on the action so taken or proposed to be taken, shall be forwarded annually to the State Government and the State Government shall cause a copy of the same to be laid before the State Legislative Assembly.
28. Penalty for impersonation
Whoever under the provisions of this Act, impersonates or attempts to impersonate another person, whether dead or alive, real or imaginary by providing any false information knowingly, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to fifty thousand rupees or both.
29. Penalty for impersonation of Devbhoomi Parivar ID holder by changing information
- (1) Whoever under the provisions of this Act, with the intention of causing harm or mischief to a Devbhoomi Parivar ID holder, changes or attempts to change any information of a Devbhoomi Parivar ID holder by impersonating or attempting to impersonate another person, dead or alive, 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 fifty thousand rupees.
- (2) Whoever, not being authorised to collect information under the provisions of this Act, by words, conduct or demeanour pretends that he is authorised to do so, shall be punishable with imprisonment for a term which may extend to three years and with a fine which may extend to one lakh rupees and in the case of a company, every person who at the time the offence was responsible for the conduct of the business of the company, with imprisonment for a term which may extend to three years with a fine which may extend to ten lakh rupees or both.
30. Penalty for unauthorized access
Under the provisions of this Act, whoever, not being authorised by the Authority, intentionally,-
- (a) accesses or secures access to the Unified Family Data Repository;
- (b) downloads, copies or extracts any data from the Unified Family Data Repository or stored in any removable storage medium;
- (c) introduces or causes to be introduced any virus or other computer contaminant in the Unified Family Data Repository;
- (d) damages or causes to be damaged the data in Unified Family Data Repository;
- (e) disrupts or causes disruption of access to Unified Family Data Repository;
- (f) denies or causes a denial of access to any person who is authorised to access the Unified Family Data Repository;
- (g) reveals any information in contravention of sub-section (5) of section 8, or shares, uses or displays information in contravention of sub-section (7) of section 8 or assists any person in any of the aforementioned acts;
- (h) destroys, deletes or alters any information stored in any removable storage medium or in the Unified Family 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 ten years and shall also be liable to a fine which shall not be less than fifty lakh rupees. Explanation - For the purposes of this sub-section, the expressions “computer contaminant”, “computer virus”, “computer source code” and “damage” shall have the meanings respectively assigned to them in the Explanation to section 43 of the Information Technology Act, 2000 (Act 21 of 2000).
31. General penalty
Whoever commits an offence under this Act or any rules or regulations made thereunder for which no specific penalty is provided, shall be punishable with simple imprisonment for a term which may extend to one year or with a fine which may extend to one lakh rupees and in the case of a company, with a fine which may extend to fifty lakh rupees or with both.
32. Offences by companies
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 under this Act and punished accordingly: 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.
33. Penalties not to interfere with other punishments
No sentence imposed under this Act shall prevent the imposition of any other penalty or punishment under any other law for the time being in force
34. Classification of offences
Notwithstanding anything contained in the Bhartiya Nagrik Suraksha Sanhita, 2023:
- (1) Offences under section 28, section 29 and section 30 shall be cognizable and non-bailable
- (2) All other offences under this Act shall be non-cognizable and bailable, unless expressly provided otherwise.
35. Cognizance of offences
No court shall take cognizance of any non-cognizable offence punishable under this Act, except on a complaint made by the Authority or any officer of the Authority or any person authorised by it.
36. Jurisdiction of Courts
- (1) An offence under this Act may be inquired into and tried by a court in the territorial limits of the State of Uttarakhand within whose local jurisdiction:
- (a) the offence was committed, wholly or in part; or
- (b) the Family ID database, server, or digital system affected is situated; or
- (c) the beneficiary, authority, or institution concerned is located; or
- (d) the cause of action, wholly or in part, arises.
- (2) Where an offence involves electronic access or interference originating outside the territorial limits of the State of Uttarakhand but affecting the Unified Family Data Repository or any digital infrastructure within the State, such offence shall be deemed to have been committed within the State and shall be triable by a court having jurisdiction under sub-section (1).
37. Public servants
The members, officers and other employees of the Authority, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be a public servant within the meaning of sub-section (28) of section 2 of the Bhartiya Nyaya Sanhita, 2023 (Act 45 of 2023).
38. Power of State Government to issue directions
- (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or performance of its functions under this Act be bound by such directions on questions of policy, as the State Government may give in writing to it, from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section: Provided further that nothing in this section shall empower the State Government to issue directions pertaining to technical or administrative matters undertaken by the Authority.
- (2) The decision of the State Government, whether a question is of policy or not, shall be final.
39. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the State Government or the Authority for anything which is in good faith done or intended to be done under this Act or rules made thereunder.
40. Power to make rules
- (1) The State Government may, by notification, make rules to carry out the purposes of this Act
- (2) Every rule made under this Act shall, as soon as possible, after it is made or issued, be laid before the State Legislative Assembly.
41. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.
- (2) Every order made under this section shall, as soon as may be, after it is made, be laid before the State Legislative Assembly.
PDF: pending for this language.