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Section No

XIII. MISCELLANEOUS
XIII 80

Power of Police Officer and Other Officers to Enter, Search, etc

        (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a  Inspector or any  other officer of the Central Government or a State Government authorized by the  Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein  who is reasonably suspected of  having committed or of committing or of being about to commit any offence under this Act

Explanation-

For the purposes of this sub-section, the expression "Public Place" includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public.

(2) Where any person is arrested under sub-section (1) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.

(3) The provisions of the Code of Criminal Procedure, 1973 shall, subject to the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section

 
81 Act to have Overriding effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act 1957 or the Patents Act 1970 (Inserted Vide ITAA 2008)


  81-A     Application of the Act to Electronic cheque and Truncated cheque-* (Inserted vide Negotiable Instruments Amendment Act 2002, -Effective from 6th Day of February 2003.)  
    (1)  

The provisions of this Act, for the time being in force, shall apply to, or in relation to, electronic cheques and the truncated cheques subject to such modifications and amendments as may be necessary for carrying out the purposes of the Negotiable Instruments Act, 1881 (26 of 1881) by the Central Government, in consultation with the Reserve Bank of India, by notification in the Official Gazette.

 
    (2)  

Every notification made by the Central Government under subsection (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses  agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the notification.

Explanation: For the purpose of this Act, the expression "electronic cheque" and "truncated cheque" shall have the same meaning as assigned to them in section 6 of the Negotiable Instruments Act 1881 (26 of 1881).

 
82 Chairperson, Members, Officers and Employees to be Public Servants (Amended Vide ITA-2008)

The Chairperson, Members  and other officers and employees of a Cyber Appellate Tribunal, the Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be Public Servants within the meaning of section 21 of the Indian Penal Code.


83 Power to Give Direction

The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any rule, regulation or order made there under.


84 Protection of Action taken in Good Faith

No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Controller or any person acting on behalf of him, the Chairperson, Members, Adjudicating Officers and the staff of the Cyber Appellate Tribunal for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation or order made there under.


  84 A     Modes or methods for encryption (Inserted Vide ITA-2008)  
        The Central Government may, for secure use of the electronic medium and for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption  
  84 B     Punishment for abetment of offences (Inserted Vide ITA-2008)  
       

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offence under this Act.

Explanation: An Act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

 
  84 C     Punishment for attempt to commit offences (Inserted Vide ITA-2008)  
       

Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence or with both.

 
85 Offences by Companies.
(1)

Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made there under is a Company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that

nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

(2)

Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made there under has been committed by a company and it is proved that the contravention has taken place 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 contravention and shall be liable to be proceeded against and punished accordingly.

Explanation-

For the purposes of this section
(i) "Company" means any Body Corporate and includes a Firm or other  Association of individuals; and
(ii) "Director", in relation to a firm, means a partner in the firm


86 Removal of Difficulties
(1)

If any difficulty arises in giving effect to the provisions of this Act, the Central 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 order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.


87 Power of Central Government to make rules
(1)

The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2)

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely  
(a)

 the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A (Substituted vide ITA-2008)

(aa)  the procedure for ascertaining electronic signature or authentication under sub-section (3) f section 3A(Inserted Vide ITA-2006) (Inserted vide ITAA-2008)
(ab)  the manner in which any information or matter may be authenticated by means of electronic signature under section 5.(Inserted vide ITAA-2008)
(b)

the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6;

(c)

the manner and format in which electronic records shall be filed or issued and the method of payment under sub-section (2) of section 6;

(ca)  the manner in which the authorized service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A (Inserted vide ITAA-2008)
(d)

the matters relating to the type of Electronic Signature, manner and format   in which it may be affixed under section 10;

(e)

 the manner of storing and affixing electronic signature creation data under section 15 (substituted  vide ITAA-2008)

(ea)   the security procedures and practices under section 16 (Inserted vide ITAA-2008)
(f)

the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers and Assistant Controllers, other officers and employees under section 17; (ITAA 2008)

(g)

(omitted vide ITAA-2008)

(h)

the requirements which an applicant must fulfill under sub-section (2) of   section 21;

(i)

the period of validity of license granted under clause (a) of sub-section  (3) of section 21;

(j)

the form in which an application for license may be made under subsection  (1) of section 22;

(k) the amount of fees payable under clause (c) of sub-section (2) of section   22;
(l)

such other documents which shall accompany an application for license under clause (d) of sub-section (2) of section 22;

(m)

the form and the fee for renewal of a license and the fee payable thereof  under section 23;

(ma)  the form of application and fee for issue of Electronic Signature Certificate under section 35.(Inserted vide ITAA-2008)
(n) the amount of late fee payable under the proviso to section 23;
(o)

the form in which application for issue of a Electronic Signature Certificate   may be made under sub-section (1) of section 35;

(oa)  the duties of subscribers under section 40A (Inserted vide ITAA-2008)
(ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A (Inserted vide ITAA-2008)
(p)

the fee to be paid to the Certifying Authority for issue of a Digital   Signature Certificate under sub-section (2) of section 35;

(q)

the manner in which the adjudicating officer shall hold inquiry under  sub-section (1) of section 46;

(r)

the qualification and experience which the adjudicating officer shall  possess under sub-section (2) of section 46; (Ed: error in the act item number (vii). Bill mentions correction not in the original section-"Presiding Officer" to be replaced with "Chairman and Members")

(s)

the salary, allowances and the other terms and conditions of service of   the Chairman and Members under section 52; (amended vide ITAA-2008)

(t)

the procedure for investigation of misbehaviour or incapacity of the Presiding Officer Chairman and Members under sub-section (3) of section 54; (Ed: Error: bill mentions corrections to (r) and (s) instead of  (s) and (t)

(u)

the salary and allowances and other conditions, of service of other  officers and employees under sub-section (3) of section 56;

(v)

the form in which appeal may be filed and the fee thereof under subsection  (3) of section 57;

(w)

 the powers and functions of the Chairperson of the Cyber Appellate Tribunal under section 52 A (substituted vide ITAA-2008)

(wa) the information, duration, manner and form of such information to be retained and preserved under section 67 C (ITAA 2008)
(x)

The Procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69 (ITAA 2008)

(xa)  the procedure and safeguards for blocking for access by the public under sub-section (2) of section 69 A. (ITAA 2008)
(xb)  the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69 B (ITAA 2008)
(y) the information security practices and procedures for protected system under section 70 (Inserted vide ITAA-2008)
(ya) manner of performing functions and duties of the agency under sub-section (3) of section 70 A (ITAA 2008)
(yb)  the officers and employees under sub-section (2) of section 70 (B) (ITAA 2008)
(yc) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70 B (ITAA 2008)
(yd) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70 B (ITAA 2008)
(z)  the guidelines to be observed by the intermediaries under sub section (4)  (2) of section 79 (Inserted vide ITAA-2008)
(za)  the modes or methods for encryption under section 84A (Inserted vide ITAA-2008)

(3)

Every notification made by the Central Government under sub-section (1) of section 70 (A) and every rule made by it shall be laid, as soon as may be after it  is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the  regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.
 (ITAA 2008)


88  Constitution of Advisory Committee
(1)

The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committee.

(2)

The Cyber Regulations Advisory Committee shall consist of a Chairperson and such number of other official and non-official members representing the interests principally affected or having special knowledge of the subject-matter as the Central Government may deem fit.

(3)

The Cyber Regulations Advisory Committee shall advise -
 
(a)

the Central Government either generally as regards any rules or for any   other purpose connected with this Act;

(b)

the Controller in framing the regulations under this Act

(4)

There shall be paid to the non-official members of such Committee such traveling and other allowances as the Central Government may fix.


89 Power of Controller to make Regulations
(1)

The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made there under to carry out the purposes of this Act .

(2)

In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely
(a)

the particulars relating to maintenance of data-base containing the disclosure record of every Certifying Authority under clause (n) [Substituted for (m) vide amendment dated 19/09/2002] of section   18;

(b)

the conditions and restrictions subject to which the Controller may   recognize any foreign Certifying Authority under sub-section (1) of section   19;

(c)

the terms and conditions subject to which a license may be granted under   clause (c) of sub-section (3) of section 21; 

(d)

other standards to be observed by a Certifying. Authority under clause  (d)   of section 30;

(e)

the manner in which the Certifying Authority shall disclose the matters specified in sub-section (1) of section 34;

(f)

the particulars of statement which shall accompany an application under  sub-section (3) of section 35

(g)

the manner by which a subscriber communicates the compromise of private key to the Certifying Authority under sub-section (2) of section 42.

(3)

Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive- sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall there after have effect only in such modified form or be of no effect, as the ease may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.


90 Power of State Government to make rules
(1)

The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2)

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -
(a)

the electronic form in which filing, issue, grant receipt or payment shall   be effected under sub-section (1) of section 6;

(b) for matters specified in sub-section (2) of section 6;

(3)

Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.


91 Omitted vide ITA-2006
92 Omitted vide ITA-2006
93 Omitted vide ITA-2006
94 Omitted vide ITA-2006

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