You are on page 1of 13

Agreement

CSC e-Governance Services India Limited, a Company incorporated under the Companies Act
1956, having its registered Office at Electronics Niketan, 4th Floor, MeitY, 6, CGO Complex,
Lodhi Road, New Delhi-110003 (hereinafter referred to as “CSC SPV”), Party of the First Part

AND

I attached is a Village level Entrepreneur and includes is legal heirs, Successors, Nominees,
Administrator and Assigns and is in the business of e-governance, B2C and G2C services and
opening the Aadhaar UCL online Demographic update service Centre for UID Update
workunder CSC SPV Party of the Second Part.
Each individually is a “Party” hereto and collectively the “Parties”.

AND WHEREAS
 CSC e-Governance Services India Ltd is Registrar and Enrolment Agency empaneled
with UIDAI to enable Aadhaar UCL online Demographic update service.

 <VLE Name>is appointed to provide the Banking Service (BC), B2C, G2C and B2B
service to the citizens on village level at his CSC SPV authorized Common Service
Center.

 Unique Identification Authority of India (hereinafter referred to as UIDAI) is an


authority mandated by Government of India to issue Unique Identification Number
(herein after referred to as UID No or Aadhaar No.) to all residents of India.

 Aadhaar (Target Delivery of Financial and other subsidies, Benefits and Services) Act
2016 herein after referred to as” Aadhaar Act 2016”.

 Party of Second Part has approached the Party of First Part to provide Aadhaar UCL
Online Demographic Update service under Party of the First Part.

Terms & Conditions:

1. Party of the Second Part will be allowed to register for only 1 (One) machine for
Aadhaar UCL Online Demographic Update Service against his/her CSC ID.
2. Party of the Second Part will maintain Rs. 10,000/- in their CSC wallet as a financial
security. It will be freeze by Party of first part (CSCSPV) during the service delivery
period.
3. Party of the Second Part will ensure the fulfillment of all below requirements given by
UIDAI before the activation of his/her Operator and Machine id.
 Bank BC Certificate/ID. (VLE should have been engaged by CSC as a BC).
 UIDAI Supervisor certificate.
 Police verification of not more than 3 months old.
 All Hardware and Software should be as per UIDAI and STQC Guidelines.
 Broadband Internet Connection with Static IP at the center.
 Waiting area of with the provision of the seating of at least of five residents.
 CCTV Camera at the center
 Divyang Friendly Center with the availability of RAMP and Wheelchair
 Token System/Machine at the center
 Toilet Facility
Roles & Responsibility of the First Party:

Party of the First part shall provide the required training and technical support to the
Party of Second Part.

Role and Responsibility of party of the Second Part:

 The party of the second part is responsible for Aadhaar UCL Online Demographic
Update as per the UIDAI guidelines. The party of the second part is bound to do
Aadhaar Demographic Update with in frame work of UIDAI Rules, regulations,
circulars, notifications, office memorandums and Aadhaar act 2016 In case of Non
Compliance or ,failure to Comply with rules regulations, guidelines of UIDAI or
compliances of Aadhaar Act 2016 whether intentionally or Unintentionally, Directly or
Indirectly to comply with the above mentioned Aadhaar Act , responsibilities, the
Second Party shall be liable to any fine, penalty, as imposed by UIDAI or Regulatory
Authority or Aadhaar Act or by State Government or by CSC SPV in this regard for
rendering the above services including any incidental and ancillary act for delivering
such services.
 Party of the Second Part assures that he fulfills the entire requirement as given in
Annexure1 of this agreement.
 The Party of the Second Part shall deliver the Aadhaar UCL Online Demographic
Update service only from the designated Premises by CSC SPV.
 The party of second part is also providing other services with CSC SPV in addition with
the Aadhaar Services.
 The Party of the Second part need to ensure that only the UIDAI prescribed hardware
and Software are being used at the center for Aadhaar UCL online Demographic update
service.
 The Party of the Second Part need to ensure that it is only using the internet IP
whitelisted by Party of First Part for the Aadhaar Service. Any manipulation or
tempering in this regard will be considered as a violation of the guidelines and will lead
to strict legal and penal actions.

 The party of the Second part will be responsible for any loss/theft/damage hardware
and data (data includes but not limited to information, data collected for Aadhaar
Update), in case of loss/theft/damage the Second party shall lodge a FIR and handover
the same to first party immediately.
 The Party of the Second Part need to ensure to have daily CCTV footage of the
Aadhaar Update Center and should be able to produce it as and when asked for by the
Party of First Part.
 The Party of the Second Part need to have a proper seating arrangement for at least five
residents at a time and a token management system to manage the crowd.
 The party of the Second part undertakes not to load any unlicensed software.
 The party of the Second part is responsible for Aadhaar Update and DMS Scanning
and Compliances of UIDAI for Aadhaar Update.
 The Party of the Second Part need to ensure that The Document will be Verified as per
UIDAI Guidelines.
 The party of the Second Part need to ensure that the required documents of residents
for Aadhaar update are being properly scanned in-line with the Aadhaar software.
 Party of the Second Part also need to maintain a daily register at the center filled by
each resident against the aadhaar service availed with his/her signature and date.
 Party of the Second Part also need to ensure that the center is Divyang Friendly.
 Party of the Second Part will display the UIDAI authorized rate chart the center. Party
of the Second Part will also display the approved Aadhaar IEC and display board.
 The Second party shall follow the procedure prescribed by UIDAI for Aadhaar update
and shall abide by all other terms and conditions of UIDAI and Compliances of
Aadhaar Act 2016 and Information Technology Act 2000 and, further Amendments of
these Acts , and includes there Circulars , Notification, Memorandums , regulations ,
rules etc. .
 The Party of the Second part shall be responsible and held liable for all acts, deeds,
work done , breach of any terms and condition of this Agreement ,Compliances of
Adjara Act 2016 and Information Technology Act 2000 and , further Amendments of
these Acts , and includes there Circulars , Notification, Memorandums , regulations ,
rules etc. and here by undertake to do all the obligations given under this agreement
and above ,mentioned Act. The Second party shall not share any data {data includes
but not limited to enrolment data, that is Residence proof , identification proof ,
biometric data etc. gathered in process of enrolment } with any , authority , agency ,
company , firm or Any person or agency and maintain confidentiality of the data. On
violation of this term, Legal action or penalty and prosecution could be taken against
the Party of Second Part as per Aadhaar Act 2016 and Information Technology Act
2000.
 For any Grievance, Party of the Second Part need to only call at the designated CSC
HELP Desk number 011-49754955 and email . Any VLE/Operator found deviating
from this and sending Grievance to any other office other than CSC will be booked
under punishable offence where his/her Operator id will be blocked for a duration of 3
months.
Payment Term & Condition:
1. Party of the Second Part will collect The Aadhaar Service Amount as per the approved
UIDAI Service rate from resident directly.
2. Party if first part will deduct its per update share from the purchase done against each
PAC (Payment Authentication Code) by the Party of the Second Part.
3. Party of the Second Part need to submit a financial security/guarantee of Rs…………
in the form of BG/Bond/Blank Cheque etc.
Penalty:
 As per UIDAIs CircularF. No.HQ-16024/2/2020-EU-Idated 07.11.2022 below penalties
against the given violations/errors has been made effective by UIDAI.
 Any VLE booked under any violation of UIDAI Guideline or any error made as per the
UIDAI penalty circular will be liable to pay/bear the complete penalty amount as
charged/applied by UIDAI. CSC SPV can also deduct this penalty amount from the
CSC wallet of the VLE.
 An FIR will be lodged against any VLE found indulged in any malpractice such as
overcharging or tampering/bypassing of UIDAI software with any means etc.

Criteria FinancialDisinc Threshold and Revised Provision


entive(Rs) suggested
action by
Registrar
1 Gross violation of the ₹ 100,000 per Suspension UIDAI (RO/Tech
stipulated guidelines machine of Operator Centre) shall dissociate
with potential intent of for 5 years the Operator and inform
fraud-tampering of the Registrar for taking
UIDAI’s software appropriate action.
(BYPASS of
operator Registrar should
/supervisor suspend the Operator
Biometrics) within 15 days, and
inform RO about the
action taken on the
Operator. Failing which
suspension will be
carried out by UIDAI
RO.
In case of no response
from Registrar, SRC
can decide additional
penalty as per para 4
(ix) for noncompliance.

2 Gross violation of the ₹ 50,000 per Suspension of UIDAI (RO/Tech


stipulated guidelines incident Operator for 1 Centre) shall disassociate
with potential intent of year the Operator and inform
fraud- inspections. the Registrar for taking
i. Overcharging appropriate action.
resident for UIDAI
services / involved in Registrar should suspend
corrupt practices. the Operator within 15
ii. For running days, failing which
unauthorized suspension will be
enrolment center carried out by UIDAI
found during RO.
iii. Found involved in
corrupt practices based In case of no response
on the outbound dialer from Registrar, SRC
survey can decide additional
penalty as per para 4
(ix) for noncompliance.
3 Biometric Error I ₹ 50,000 per For monthly UIDAI (RO/Tech
(BE-I) packet. cumulative Centre) shall
i. Full finger prints or BE-I errors disassociate the
full iris incorrectly Operator and inform the
recorded as missing. I. For 1-3 cases - Registrar for taking
ii. Photo of photo with suspension of appropriate action.
in a Biometric Operator for 1
exception year Registrar should
iii. Exception photo of suspend the Operator
a different person II. For more within 15 days, failing
iv. Exception photo of than 3 cases which suspension will
an object - suspension of be carried out by
Operator for 5 UIDAI RO.
years
In case of no response
Appropriate from Registrar, SRC can
legal action decide additional penalty
needs to be as per para 4 (ix) for non
taken if compliance.
cumulative
error is >=1,
if necessary.
4 Photo of photo ₹ 50,000 per i. Child (0-5
(POP) packet. age group): 1-3 UIDAI (RO/Tech
I. When a photo is of cases. Can be Centre) shall
other photograph /or considered for disassociate the operator
Non Human re- instating and inform the Registrar
after re- for taking appropriate
training. action.

ii. For 1-5 cases Registrar should suspend


- (normal) and 4- the Operator within 15
5 cases (child 0- days, failing which
5 age group) suspension will be
suspension of carried out by UIDAI
Operator for 1 RO.
year In case of no response
from Registrar, SRC
iii. For more can decide additional
than 5 cases penalty as per para 4
- suspension of (ix) for non compliance.
Operator
for 5 years.

Appropriate
legal action may
be taken if
cumulative error
is >=1, if
necessary.
5 Document Error (DOE ₹ 10,000 per For monthly UIDAI (RO/Tech
I) packet. cumulative Centre) shall
i. Fraudulent DOE-I errors disassociate the
document Operator and inform the
I. For 1-3 cases Registrar for taking
ii. Missing - suspension of appropriate action.
document Operator for 1
year Registrar to take
appropriate decision
II. For more about suspension/
than 3 cases retraining / reactivation
- suspension of of the Operator.
Operator for 5
years Action taken report to be
submitted by Registrar to
Appropriate concerned RO within 30
legal action days of intimation from
needs to be RO.
taken if
cumulative error
is >=1, if
necessary.
6 Use of ₹ 1000 per For monthly UIDAI (RO/Tech Centre)
unparliamentarily packet. cumulative such shall disassociate the
Language / abusive errors Operator and inform the
language in residents Registrar for taking
demographics I. For 1 case appropriate action.
- Can be
considered for Registrar to take
re- instating appropriate decision
after re- about suspension/
training. retraining / reactivation
of the Operator.
II. For 2-3
cases - Action taken report to be
Suspension of submitted by Registrar to
Operator concerned RO within 30
for 1 year. days of intimation from
RO.
III. For 4 or
more cases -
Suspension of
Operator for 5
years.

Appropriate
legal action
needs to be
taken if
cumulative
error is >5, if
necessary.
7 Document Error ₹ 1000 per For monthly UIDAI (RO/Tech Centre)
(DOE II) packet cumulative shall disassociate the
DOE-II errors Operator and inform the
i. Poor quality Registrar for taking
document I. For 30-100 appropriate action.
ii. Invalid cases – Can
document be considered Registrar to take
for re- appropriate decision
iii. Demogra instating after about suspension/
phic data re- training. retraining / reactivation
mismatch of the operator.
II. For 100 or
more cases – Action taken report to be
suspension of submitted by Registrar to
Operator for 1 concerned RO within 30
year. days of intimation from
RO.
8 Biometric Error II ₹ 1000 per For monthly UIDAI (RO/Tech Centre)
(BE-II) packet cumulative shall disassociate the
BE-II errors Operator and inform the
i. Bad quality photo Registrar for taking
in exception photo I. For 30-100 appropriate action.
cases – Can be
ii. Exception not considered for Registrar to take
visible in exception re- instating appropriate decision
photo after re- about suspension/
training. retraining /reactivation of
II. For 100 or the Operator.
more cases –
suspension of Action taken report to be
Operator for 1 submitted by Registrar to
year. concerned RO within 30
days of intimation from
RO.
9 Biometric Error III ₹ 1000 per For monthly UIDAI (RO/Tech Centre)
(BE III) packet cumulative shall disassociate the
BE-III errors Operator and inform the
Photo not as per Registrar for taking
guidelines I. For 30-100 appropriate action.
cases – Can
be considered Registrar to take
for re- appropriate decision
instating after about suspension/
re- training. retraining / reactivation
of the Operator.
II. For 100 or
more cases – Action taken report to be
suspension of submitted by Registrar to
Operator for 1 concerned RO within 30
year. days of intimation from
RO.
10 Demographic Error ₹ 1000 per For monthly UIDAI (RO/Tech
(DE) packet cumulative DE Centre) shall disassociate
errors the Operator and inform
i. Gender / Photo the Registrar for taking
mismatch I. For 30-100 appropriate action.
ii. Age/Photo cases – Can be
mismatch considered for Registrar to take
re- instating appropriate decision
iii. Error in Name / after re- about suspension/
incomplete Address training. retraining / reactivation
of the Operator.
Relationship II. For 100 or
mismatch more cases – Action taken report to
suspension of besubmittedbyRegistrar
Operator for 1 toconcerned
year. ROwithin30daysof
intimation from RO.

TENURE OF AGREEMENT:

 This agreement is Valid up to period of 3 Years subject to termination as per Clauses in


“TERMINATION” of this agreement.

CONFIDENTIALITY:

VLE/Operator shall ensure confidentiality of information that comes to its possession


consequent to its participation and shall not revel the same to any agency or use for
purpose other than specified in operation manual except with the written permission
from CSC SPV.

RELATIONSHIP:

This agreement is on principal-to-principal basis and does not create any employer-
employee relationship between the parties. This is completely franchise-based model.

Page 11 of 13
Termination:
 If party of the Second part breaches terms and condition of this agreement, then the Party
of the First Part can terminate this agreement with immediate effect by giving notice in
writing and take the action in the best benefit of the Party of First Part.
 If it matures within period of agreement as per clause as mentioned in “TENURE OF
AGREEMENT”
 If Agreement with UIDAI as Registrar terminates then this agreement will automatically
terminate for UIDAI work.
 It is continued for any other work at rate agreed by CSC SPV.
 If any unlawful activity, malpractice or violation of law is found being done by the Party
of the Second Part then the agreement shall be terminated immediately.
 If the Party of the Second Part is found running his/her Aadhaar Machine at any private
premises other than the center allotted to him/her, then with effect to that instance his/her
agreement will stand terminated and the security amount will be forfeited.

INDEMNIFICATION: -
 The Party of the Second Part hereby undertake to Indemnify CSC SPV: -
1) for breach of any terms and conditions of this Agreement
2) for Non-compliance of Aadhaar Act 2016
3) For NonCompliances of Information Technology Act 2000
4) For deficiency in services or performance
5) For any unlawful or malpractice or fraudulent activity,
6) Any act ancillary and incidental to the above act

Page 12 of 13
JURISDICTION
 The matters in disputes shall be settled amicably and subject to jurisdiction of Delhi
High Court.

The duration of the Agreement will be for a period of 3 Year from the effective date.
IN WITNESS WHERE OF both the parties have hereinto set and subscribed their hands and
seals.

Page 13 of 13

You might also like