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.