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82.
Controller, Deputy Controller and Assistant Controllers to be
public servants.
The
Presiding Officer 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 directions.
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 Presiding Officer,
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.
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 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 mailers, 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 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
sub-section (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 (a) of sub-section (2) of section 22.
(m)
The form and the fee for renewal of a license and the fee
payable there of 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 subsection (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 sub -section (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.
(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.
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 travelling 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 (m) of section 18.
(b)
The conditions and restrictions subject to which the
Controller may recognise 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 in which the subscriber shall communicate 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 thereafter have effect only in
such modified form or he 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 (hat 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;
(c)
any other matter which is required to be provided by rules by
the State Government.
(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.
Amendment of Act 45 of 1860.
The
Indian Penal Code shall be amended in the manner specified in
the First Schedule to this Act.
92.
Amendment of Act 1 of 1872.
The
Indian Evidence Act, 1872 shall be amended in the manner
specified in the Second Schedule to this Act.
93.
Amendment of Act 18 of 1891.
The
Bankers' Books Evidence Act, 1891 shall be amended in the
manner specified in the Third Schedule to this Act.
94.
Amendment of Act 2 of 1834.
The
Reserve Bank of India Act, 1934 shall be amended in the manner
specified in the Fourth Schedule to this Act.
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