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Section No
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XIII. MISCELLANEOUS
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| XIII |
80 |
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Power of Police Officer and Other Officers to Enter, Search, etc |
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(1) |
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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 of having committed
or of committing or of being about to commit any offence under this Act.
Explanation-
For the purposes 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.
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(2) |
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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. |
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(3) |
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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.
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81 |
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Act to have Overriding effect |
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The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law
for the time being in force.
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82 |
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Controllers, Deputy Controllers and Assistant Controllers to be
Public Servants |
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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.
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83 |
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Power to Give Direction |
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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.
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84 |
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Protection of Action taken in Good Faith |
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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.
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85 |
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Offences by Companies. |
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(1) |
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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 the contravention took place
without his knowledge or that he exercised all due diligence to prevent
such contravention.
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(2) |
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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
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86 |
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Removal of Difficulties |
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( 1) |
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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.
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87 |
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Power of Central Government to make rules |
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(1) |
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The Central Government may, by notification in the
Official Gazette, make rules to carry out the provisions of this Act. |
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(2) |
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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 sub-section (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 sub-section (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 amount of late fee payable under the proviso to section 23; |
| (o) |
the form in which application for issue of a Digital
Signature Certificate may be made under sub-section (1) of section 35; |
| (p) |
the fee to be paid to the Certifying Authority for
issue of a Digital Signature Certificate under sub-section (2) of
section 35; |
| (q) |
the manner in which the adjudicating officer shall
hold inquiry under sub-section (1) of section 46; |
| (r) |
the qualification and experience which the
adjudicating officer shall possess under sub-section (2) of section 46; |
| (s) |
the salary, allowances and the other terms and
conditions of service of the Presiding Officer under section 52; |
| (t) |
the procedure for investigation of misbehaviour or
incapacity of the Presiding Officer under sub-section (3) of section 54; |
| (u) |
the salary and allowances and other conditions, of
service of other officers and employees under sub-section (3) of
section 56; |
| (v) |
the form in which appeal may be filed and the fee
thereof under subsection (3) of section 57; |
| (w) |
any other power of a civil court required to be
prescribed under clause (g) of sub-section (2) of section 58; and |
| (x) |
any other matter which is required to be, or may be, prescribed |
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(3) |
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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 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 regulation.
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88 |
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Constitution of Advisory Committee |
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(1) |
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The Central Government shall, as soon as may be after the
commencement of this Act, constitute a Committee called the Cyber
Regulations Advisory Committee. |
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(2) |
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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. |
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(3) |
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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 |
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(4) |
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There shall be paid to the non-official members of such
Committee such travelling and other allowances as the Central Government may
fix.
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89 |
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Power of Controller to make Regulations |
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(1) |
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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 thereunder to carry out the
purposes of this Act . |
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(2) |
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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 by which a subscriber communicates the
compromise of private key to the Certifying Authority under sub-section
(2) of section 42. |
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(3) |
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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 there after have effect only in such modified form or be of
no effect, as the ease may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that regulation.
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90 |
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Power of State Government to make rules |
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(1) |
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The State Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act. |
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(2) |
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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. |
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(3) |
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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.
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91 |
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Amendment of Indian Penal Code 1860 |
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The Indian Penal Code shall be amended in the manner
specified in the First Schedule to this Act.
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92 |
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Amendment of Indian Evidence Act, 1872 |
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The Indian Evidence Act, 1872 shall be amended in the
manner specified in the Second Schedule to this Act.
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93 |
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Amendment of The Bankers' Books Evidence Act, 1891 |
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The Bankers' Books Evidence Act, 1891 shall be amended in
the manner specified in the Third Schedule to this Act.
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94 |
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Amendment of Reserve Bank of India Act, 1934 |
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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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