Section 87 Power of Central Government to make rules
- Chapter
- XIII · Miscellaneous
- Amendments
- 11
(1) The Central Government may, by notification in the Official Gazette and in the Electronic GazetteDefined in section 2(s): Electronic Gazette means the Official Gazette published in the electronic form, 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:—
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (a)"(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (a)"(aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (a)"(ab) the manner in which any informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... or matter may be authenticated by means of electronic signature under section 5;
(b) the electronic formDefined in section 2(r): electronic form with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device 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;
Inserted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009(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 digital signatureSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signature"electronic signature, manner and format in which it may be affixed under section 10;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (e)"(e) the manner of storing and affixing electronic signature creation dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... under section 15;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (e)"(ea) the security procedures and practices under section 16;
(f) the qualifications, experience and terms and conditions of service of ControllerDefined in section 2(m): Controller means the Controller of Certifying Authorities appointed under sub section (1) of section 17; 5* * * * * 3[(na) cyber cafe means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public; (nb) cyber security means protecting inf..., Deputy Controllers and Assistant ControllersSubstituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "and Assistant Controllers", Assistant Controllers, other officers and employees under section 17;
(i) the period of validity of licenceDefined in section 2(z): licence means a licence granted to a Certifying Authority under section 24; (za) originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary; (zb) pres... granted under clause (a) of sub-section (3) of section 21;
(j) the form in which an application for licenceDefined in section 2(z): licence means a licence granted to a Certifying Authority under section 24; (za) originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary; (zb) pres... 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 licenceDefined in section 2(z): licence means a licence granted to a Certifying Authority under section 24; (za) originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary; (zb) pres... under clause (d) of sub-section (2) of section 22;
(m) the form and the fee for renewal of a licenceDefined in section 2(z): licence means a licence granted to a Certifying Authority under section 24; (za) originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary; (zb) pres... and the fee payable thereof under section 23;
Inserted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009(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 digital signatureSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signature"electronic signature Certificate may be made under sub-section (1) of section 35;
(o) the fee to be paid to the Certifying AuthorityDefined in section 2(g): Certifying Authority means a person who has been granted a licence to issue a 1[electronic signature] Certificate under section 24 for issue of a digital signatureSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signature"electronic signature Certificate under sub-section (2) of section 35;
Inserted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009(oa) the duties of subscribers under section 40A;
Inserted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009(ob) the reasonable security practices and procedures and sensitive personal dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... under section 43A;
(p) the manner in which the adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 shall hold inquiry under sub-section (1) of section 46;
(q) the qualification and experience which the adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 shall possess under sub-section (3) of section 46;
Text omitted by amendmentClauses (r), (s) and (t) omitted by Finance Act, 2017, s. 169, dated 31st March, 2017, with effect from 26 May 2017
(v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(w) the powers and functions of the Chairperson of the Cyber Appellate TribunalSubstituted by Finance Act, 2017, s. 169, dated 31st March, 2017, with effect from 26 May 2017. Earlier read: "Cyber Appellate Tribunal"Appellate Tribunal under section 52A;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(x) the informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..., duration, manner and form of such informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... to be retained and preserved under section 67C;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69A;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(z) the procedures and safeguards for blocking for accessDefined in section 2(a): access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network by the public under sub-section (3) of section 69 B;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(za) the procedure and safeguards for monitoring and collecting traffic dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... under sub-section (3) of section 69B;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(zb) the informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... security practices and procedures for protected system under section 70;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(zc) manner of performing functions and duties of the agency under sub-section (3) of section 70 A;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(zd) the officers and employees under sub-section (2) of section 70B;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(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;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79;
Substituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "clause (w)"(zh) the modes or methods for encryption under section 84A.
(3) Every notification made by the Central Government under clause (f) of sub-section (4) of section 1 and every rule made by itSubstituted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009Every 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 the notification orText omitted by amendmentThe words "the notification or" omitted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009 the rule or both Houses agree that the notification orText omitted by amendmentThe words "the notification or" omitted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009 the rule should not be made, the notification orText omitted by amendmentThe words "the notification or" omitted by Information Technology (Amendment) Act, 2008, s. 46, dated 5th February, 2009, with effect from 27 October 2009 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.