Advanced Search Options : ❯
Section 55 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 55 confers finality on Central Government orders appointing the Chairperson or a Member of the Appellate Tribunal, barring such orders from being called in question. It also prevents acts or proceedings before the Appellate Tribunal from being challenged merely on the ground of a defect in the Tribunal's constitution.
Section 54 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 54, governing resignation and removal of Cyber Appellate Tribunal officeholders, was omitted with effect from 26 May 2017. Previously, resignation required written notice to the Central Government, subject to continued office until the earliest prescribed event. Removal for proved misbehaviour or incapacity required an inquiry by a Supreme Court Judge, notice of charges, and a reasonable opportunity of hearing. The Central Government could regulate the investigation procedure by rules.
Section 53 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 53 governing vacancies in the Cyber Appellate Tribunal has been omitted. The former provision required appointment of a replacement where a non-temporary vacancy arose in the office of the Chairperson or a Member. It also permitted tribunal proceedings to continue from the stage at which the vacancy was filled.
Section 52 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 52 was omitted under the Finance Act, 2017, with effect from 26 May 2017. It no longer prescribes salary, allowances, pension, gratuity, other retirement benefits, or other service conditions for the Chairperson and Members of the Cyber Appellate Tribunal. Before its omission, these terms were required to be prescribed.
Section 51 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 51, governing the term of office and service conditions of the Chairperson and Members of the Cyber Appellate Tribunal, stands omitted with effect from 26 May 2017. The former framework prescribed a fixed tenure subject to an upper age limit, required scrutiny of financial or other interests likely to prejudice tribunal functions, and required selected Central or State Government officers to retire from government service before assuming tribunal office.
Section 50 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 50, formerly governing appointment qualifications for the Chairperson and Members of the Cyber Appellate Tribunal, was omitted with effect from 26 May 2017. Before omission, Chairperson eligibility required High Court Judge status or qualification. Members other than the Judicial Member needed specified professional expertise and senior government service. Judicial Members required prescribed Indian Legal Service experience at the Additional Secretary or Grade I level.
Section 49 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 49 concerning the composition of the Cyber Appellate Tribunal stands omitted. Before omission, the Tribunal comprised a Chairperson and other appointed Members, selected by the Central Government in consultation with the Chief Justice of India. Its jurisdiction, powers and authority could be exercised through Benches constituted by the Chairperson. The Chairperson could transfer Members between Benches and refer matters requiring more Members to a larger Bench.
Section 48 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 48 designates the Telecom Disputes Settlement and Appellate Tribunal as the Appellate Tribunal for purposes of the Information Technology Act, 2000, from commencement of Part XIV of Chapter VI of the Finance Act, 2017. The Tribunal exercises the jurisdiction, powers and authority conferred under that framework. Its jurisdiction is exercised only in relation to matters and places specified through Central Government notification.
Section 47 of the Information Technology Act, 2000 - Indian Laws - Acts
Compensation adjudication requires due regard to quantifiable gain or unfair advantage resulting from a default, loss caused to any person, and the repetitive nature of the default when assessing the quantum of compensation.
Section 46 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 46 provides for Central Government appointment of qualified adjudicating officers to inquire into contraventions attracting penalty or compensation. Such officers have jurisdiction over damage claims up to five crore rupees, while higher claims lie before the competent court. They must provide a reasonable opportunity for representation before imposing penalties or awarding compensation. Adjudicating officers exercise specified civil-court powers, and their proceedings are treated as judicial proceedings for designated criminal, procedural and execution purposes.
Section 45 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 45 establishes a residuary penalty for contravention of rules, regulations, directions or orders where no separate penalty is prescribed. A penalty not exceeding one lakh rupees may be imposed in addition to compensation for the affected person. Compensation is capped at ten lakh rupees for an intermediary, company or body corporate, and at one lakh rupees for any other person.
Section 44 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 44 of the Information Technology Act, 2000 imposes penalties for failures to furnish required documents, returns or reports, file returns or provide information within prescribed time limits, and maintain books of account or records. Non-furnishing may attract a penalty up to fifteen lakh rupees for each failure, while delayed filings and record-keeping failures may attract daily penalties up to fifty thousand rupees and one lakh rupees respectively during the continuing default.
Section 43 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 43 imposes compensatory liability on a person who, without permission of the owner or person in charge, interferes with a computer, computer system, computer network or computer resource. Covered conduct includes unauthorised access, data extraction, introduction of contaminants or viruses, damage or disruption, denial of authorised access, facilitating prohibited access, manipulation of service charges, harmful alteration of information, and intentional theft, concealment, destruction or alteration of source code to cause damage.
Section 42 of the Information Technology Act, 2000 - Indian Laws - Acts
Subscribers must exercise reasonable care to retain control of the private key corresponding to the public key recorded in their Digital Signature Certificate and prevent its disclosure. If the private key is compromised, they must notify the Certifying Authority without delay in the prescribed manner. Liability continues until the Certifying Authority receives notice of the compromise.
Section 41 of the Information Technology Act, 2000 - Indian Laws - Acts
Acceptance of a Digital Signature Certificate is deemed where a subscriber publishes or authorises publication to persons, places it in a repository, or otherwise manifests approval. By accepting it, the subscriber certifies to reasonable relying persons that they hold and are entitled to hold the corresponding private key, and that representations, relevant material information, and certificate information within their knowledge are true.
Section 40 of the Information Technology Act, 2000 - Indian Laws - Acts
Where a subscriber accepts a Digital Signature Certificate whose public key corresponds to the subscriber's private key intended for inclusion in that certificate, the subscriber must generate the corresponding key pair by applying the security procedure. This creates a subscriber obligation concerning cryptographic key generation for an accepted Digital Signature Certificate.
Section 39 of the Information Technology Act, 2000 - Indian Laws - Acts
Notice of suspension or revocation of a Digital Signature Certificate must be published by the Certifying Authority in the repository identified in the certificate for that purpose. Where more than one repository is identified, notice must be published in each specified repository.
Section 38 of the Information Technology Act, 2000 - Indian Laws - Acts
Digital Signature Certificates may be revoked on request, death, insolvency, dissolution or winding up of a subscriber, false or concealed material information, failure to meet issuance requirements, or compromise of the issuing authority's private key or security system affecting certificate reliability. The subscriber must receive an opportunity of being heard before revocation, and the revocation must then be communicated to the subscriber.
Section 37 of the Information Technology Act, 2000 - Indian Laws - Acts
A Digital Signature Certificate may be suspended on the request of the named subscriber or a duly authorised person, or where suspension is considered necessary in the public interest. Suspension beyond fifteen days requires that the subscriber be given an opportunity of being heard. Following suspension, the Certifying Authority must communicate the suspension to the subscriber.
Section 36 of the Information Technology Act, 2000 - Indian Laws - Acts
Issuance of a Digital Signature Certificate requires certification of statutory compliance, publication or availability of the certificate to a relying person, and subscriber acceptance. The subscriber must hold a private key corresponding to the listed public key; the private key must create a digital signature and the public key must verify it. The key pair must function properly, certificate information must be accurate, and no known material fact may adversely affect the reliability of these representations.