Miscellaneous ( Section 80 to 90)

Section 80. Power of police officer and other officers to enter, search, etc.

(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 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.

(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.

Section 81. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Section 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.

Section 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 thereunder.

Section 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 thereunder.

Section 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 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.

(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.

Section 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.

Section 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 undersection 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 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 (a) of sub-section (2) of section 22;

(m) the form and the fee for renewal of a licence 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 subsection

(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.

Section 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.

Section 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 thereunder 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 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;

(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.

Section 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.