Section 89 Power of Controller to make regulations
- Chapter
- XIII · Miscellaneous
- Amendments
- 1
(1) The 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... 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 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 ... base containing the disclosure record of every 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 under clause (m)Substituted by Information Technology (Removal of Difficulties) Order, 2002, dated 19th September, 2002, with effect from 19 September 2002. Earlier read: "(m)"(n) of section 18;
(b) the conditions and restrictions subject to which the 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... may recognise any foreign 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 under sub-section (1) of section 19;
(c) the terms and conditions subject to which 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... may be granted under clause (c) of sub-section (3) of section 21;
(d) other standards to be observed by a 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 under clause (d) of section 30;
(e) the manner in which 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 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 the subscriber shall communicate the compromise of private key 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 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 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.