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XIII : MISCELLANEOUS (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a Deputy Superintendent of Police, or any other officer of the Central Government or a State Government authorised 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 or having committed or of committing or of being about to commit any offence under this Act. Explanation.- For the purpose 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. The provisions of
this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time in force. 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. 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 thereunder. 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 thereunder. (1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder 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 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 thereunder 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. (1) If any difficulty arises in giving effect to 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. (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 any 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; |
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(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 Controller and Assistant Controllers under section 17; (g) other standards
to the observed by the Controller under clause (b) of sub-section (2)
of section 20; |
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(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 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 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 condition of service of other officer and employees under sub-section (3) of section 56; (u) the form in which appeal may be filed and the fee thereof 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 (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 sub-section (4) of
section 1 and every rule made by it shall be laid, as soon as may be
after if 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 House agree in making any modification in the notification
or the rule or both House 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. (1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulation Advisory Committee. (2) The Cyber Regulation Advisory Committee shall consists 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 Regulation 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. (1) The Controller may, after consultation with the Cyber Regulation 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 thereunder to carry out the purpose 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 :- |
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(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 term and conditions subject to which a licence 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; |
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(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 House agree in making any modification in the regulation or both
House 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 without prejudice to the validity of anything previously done
under that regulation. (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 sections shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two House, or where such Legislature consists of one House, before that House. 91. Amendment of Act 45 of 1860 The Indian Penal Code
shall be amendment in the manner specified in the First Schedule to
this Act. The Indian Evidence
Act, 1872 shall be amended in the manner specified in the Second Schedule
to this Act. The Bankers' Books
Evidence Act, 1891 shall be amended in the manner specified in the Third
Schedule to this Act. 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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