Lawgist87Power 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:--
1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A;
(aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A;
(ab) the manner in which any information or matter may be authenticated by means of electronic 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;
2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;]
(d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10;
4 [(e) the manner of storing and affixing electronic signature creation data under section 15;
(ea) the security procedures and practices under section 16;]
(f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17;
6 * * * * *
(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 sub-section (3) of section 21;
(j) the form in which an application for licence 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 licence under clause (d) of subsection (2) of section 22;
(m) the form and the fee for renewal of a licence and the fee payable thereof under section 23;
7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;]
(n) the form in which application for issue of a 3 [electronic 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 3 [electronic signature] Certificate under sub-section (2) of section 35;
2 [(oa) the duties of subscribers under section 40A;
(ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;]
(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;
8 * * * *
(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; and
9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A;
(x) the information, duration, manner and form of such information to be retained and preserved under section 67C;
(y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69;
(z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A;
(za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B;
(zb) the information security practices and procedures for protected system under section 70;
(zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A;
(zd) the officers and employees under sub-section (2) of section 70B;
(ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B;
(zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B;
(zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79;
(zh) the modes or methods for encryption under section 84A.]
(3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** 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.
Download our fully-offline, High speed android app.- Click here
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009).
3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009).
4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009).
5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009).
6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009).
7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009).
8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017).
9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009).
10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017).
11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009).
12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009).
- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Authentication of electronic records
- 3A Electronic signature
- 4 Legal recognition of electronic records
- 5 Legal recognition of electronic signatures
- 6 Use of electronic records and electronic signatures in Government and its agencies
- 6A Delivery of services by service provider
- 7 Retention of electronic records
- 7A Audit of documents, etc., maintained in electronic form
- 8 Publication of rule, regulation, etc., in Electronic Gazette
- 9 Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
- 10 Power to make rules by Central Government in respect of electronic signature
- 10A Validity of contracts formed through electronic means
- 11 Attribution of electronic records
- 12 Acknowledgment of receipt
- 13 Time and place of despatch and receipt of electronic record
- 14 Secure electronic record
- 15 Secure electronic signature
- 16 Security procedures and practices
- 17 Appointment of Controller and other officers
- 18 Functions of Controller
- 19 Recognition of foreign Certifying Authorities
- 20 [Omitted.]
- 21 Licence to issue electronic signature Certificates
- 22 Application for licence
- 23 Renewal of licence
- 24 Procedure for grant or rejection of licence
- 25 Suspension of licence
- 26 Notice of suspension or revocation of licence
- 27 Power to delegate
- 28 Power to investigate contraventions
- 29 Access to computers and data
- 30 Certifying Authority to follow certain procedures
- 31 Certifying Authority to ensure compliance of the Act, etc
- 32 Display of licence
- 33 Surrender of licence
- 34 Disclosure
- 35 Certifying authority to issue electronic signature Certificate
- 36 Representations upon issuance of Digital signature Certificate
- 37 Suspension of Digital Signature Certificate
- 38 Revocation of Digital Signature Certificate
- 39 Notice of suspension or revocation
- 40 Generating key pair
- 40A Duties of subscriber of Electronic Signature Certificate
- 41 Acceptance of Digital Signature Certificate
- 42 Control of private key
- 43 Penalty and compensation for damage to computer, computer system, etc
- 43A Compensation for failure to protect data
- 44 Penalty for failure to furnish information, return, etc
- 45 Residuary penalty
- 46 Power to adjudicate
- 47 Factors to be taken into account by the adjudicating officer
- 48 Appellate Tribunal
- 49 [Omitted.]
- 50 [Omitted.]
- 51 [Omitted.]
- 52 [Omitted.]
- 52A [Omitted.]
- 52B [Omitted.]
- 52C [Omitted.]
- 52D Decision by majority
- 53 [Omitted.]
- 54 [Omitted.]
- 55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
- 56 [Omitted.]
- 57 Appeal to Appellate Tribunal
- 58 Procedure and powers of the Appellate Tribunal
- 59 Right to legal representation
- 60 Limitation
- 61 Civil court not to have jurisdiction
- 62 Appeal to High Court
- 63 Compounding of contraventions
- 64 Recovery of penalty or compensation
- 65 Tampering with computer source documents
- 66 Computer related offences
- 66A Punishment for sending offensive messages through communication service, etc
- 66B Punishment for dishonestly receiving stolen computer resource or communication device
- 66C Punishment for identity theft
- 66D Punishment for cheating by personation by using computer resource
- 66E Punishment for violation of privacy
- 66F Punishment for cyber terrorism
- 67 Punishment for publishing or transmitting obscene material in electronic form
- 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
- 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
- 67C Preservation and retention of information by intermediaries
- 68 Power of Controller to give directions
- 69 Power to issue directions for interception or monitoring or decryption of any information through any computer resource
- 69A Power to issue directions for blocking for public access of any information through any computer resource
- 69B Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
- 70 Protected system
- 70A National nodal agency
- 70B Indian Computer Emergency Response Team to serve as national agency for incident response
- 71 Penalty for misrepresentation
- 72 Penalty for Breach of confidentiality and privacy
- 72A Punishment for disclosure of information in breach of lawful contract
- 73 Penalty for publishing electronic signature Certificate false in certain particulars
- 74 Publication for fraudulent purpose
- 75 Act to apply for offence or contravention committed outside India
- 76 Confiscation
- 77 Compensation, penalties or confiscation not to interfere with other punishment
- 77A Compounding of offences
- 77B Offences with three years imprisonment to be bailable
- 78 Power to investigate offences
- 79 Exemption from liability of intermediary in certain cases
- 79A Central Government to notify Examiner of Electronic Evidence
- 80 Power of police officer and other officers to enter, search, etc
- 81 Act to have overriding effect
- 81A Application of the Act to electronic cheque and truncated cheque
- 82 Controller, Deputy Controller and Assistant Controller to be public servants
- 83 Power to give directions
- 84 Protection of action taken in good faith
- 84A Modes or methods for encryption
- 84B Punishment for abetment of offences
- 84C Punishment for attempt to commit offences
- 85 Offences by companies
- 86 Removal of difficulties
- 87 Power of Central Government to make rules
- 88 Constitution of Advisory Committee
- 89 Power of Controller to make regulations
- 90 Power of State Government to make rules
- 91 [Omitted.]
- 92 [Omitted.]
- 93 [Omitted.]
- 94 [Omitted.]
