The Infomation Technology (Certifying Authority) Regulations, 2001
The Cyber Regulations Appellate Tribunal
 

India Cyber Law and Cases

Welcome to the largest Database of Cyber Law and Cases from India. We publish cyber law cases & news from India. Send your suggestions / articles / news


Latest News

 

Cyber Crime Branch Advisory
The Nigerian Scam
 
Important Links
Cyber Crime Investigation Cell
Delhi Police
Delhi Traffic Police

MISCELLANEOUS

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.

Power of Central Government to make rules.—

(1) The Central Government may, by notification in the Official Gazette and in the Electronic 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 manner in which any information or matter may be authenticated by means of digital signature under section 5;

(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;

(d) the matters relating to the type of digital signature, manner and format in which it may be affixed under section 10;

(e) the security procedure for the purpose of creating secure electronic record and secure digital signature under section 16;

(f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers and Assistant Controllers under section 17;

(g) other standards to be observed by the Controller under clause (b) of subsection (2) of section 20;

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

(i) the period of validity of licence granted under clause (a) of subsection (3) of section 21;

(j) the form in which an application for licence 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 licence under clause (d) of sub-section (2) of section 22;

(m) the form and the fee for renewal of a licence and the fee payable thereof under section 23;

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

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

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

(q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46;

(r) the salary, allowances and the other terms and conditions of service of the Presiding Officer under section 52;

(s) the procedure for investigation of misbehaviour or incapacity of the Presiding Officer under sub-section (3) of section 54;

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

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

(v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and

(w) any other matter which is required to be, or may be, prescribed.

(3) Every notification made by the Central Government under clause (f) of subsection (4) of section 1 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 notification or the rule or both Houses agree that the notification or the rule should not be made, the notification or the rule 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 notification or rule.

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 travelling and other allowances as the Central Government may fix.

COMMENTS

The Central Government has constituted the “Cyber Regulation Advisory Committee” consisting of the following, namely:
Introduction to Cyber CrimeMinister, Information Technology Chairman
Secretary, Legislative Department Member
Secretary, Ministry of Information Technology Member
Secretary. Department of Telecommunications Member
Finance Secretary Member
Secretary, Ministry of Defence Member
Secretary, Ministry of Home Affairs Member
Secretary, Ministry of Commerce Member
Deputy Governor, Reserve Bank of India Member
T.K. Vishwanathan, presently Member Seceratry, Law Commission
Member
President, NASSCOM Member
President, Internet Service Providers Association Member
Director, Central Bureau of Investigation Member
Controller of Certifying Authority Member
Information Technology Secretary by rotation from the States Member
Director-General of Police by rotation from the States Member
Director, IIT by rotation from the IITs Member
Representative of CII Member
Representative of FICCI Member
Representative of ASSOCHAM Member
Senior Director, Ministry of Information Technology Member-Secretary

The Committee may co-opt any person as Member based on specific meetings. Vide G.S.R. 790 (E), dated 17th October, 2000.