Miscellaneous

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.

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.

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.

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.

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.

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.

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.

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 CertifyingAuthority 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 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 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.

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-

(4) There shall be paid to the non-official members of such Committee such
travelling and other allowances as the Central Government may fix.

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.

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.

91. Amendment of Act 45 of 1860.

The Indian Penal Code shall be amended in the manner specified in the First
Schedule to this Act.

92. Amendment of Act 1 of 1872.

The Indian Evidence Act, 1872 shall be amended in the manner specified in the
Second Schedule to this Act.

93. Amendment of Act 18 of 1891.

The Bankers' Books Evidence Act, 1891 shall be amended in the manner
specified in the Third Schedule to this Act.

94. Amendment of Act 2 of 1834.

The Reserve Bank of India Act, 1934 shall be amended in the manner specified
in the Fourth Schedule to this Act.