TaxTMI 
TaxTMI 
Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003.
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....ience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003. (b) These shall come into force on the date of their publication in the Official Gazette. 2. Definitions: - In these rules, unless the context otherwise requires - (a) "Act" means the Information Technology Act, 2000 (21 of 2000); (b) "Adjudicating Officer" means an adjudicating officer appointed under sub-section (1) of section 46, of the Act. (c) "Proforma" means a proforma appended to these rules. (d) Words and expressions used herein and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act. 3. Eligibility for Adjudicating Officer: - Whereas the purpose and intent of Sect....
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....trate or in other administrative or quasi-judicial capacity for a cumulative period of 5 years; (d) Is working and holding a post in Grade I in Government Department either in State Government/Union Territories to perform functional duty & discharge job responsibility in the field of Information Technology; (e) Is an in-service officer not below the rank of Director to the Government of India or an equivalent officer of State Government 4. Scope and Manner of holding inquiry: - (a) The Adjudicating Officers shall exercise jurisdiction in respect of the contraventions in relation to Chapter IX of IT Act 2000 and the matter or matters or places or area or areas in a State or Union Territory of the posting of the ....
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....should not be held in the alleged contravention or that why the report alleging the contravention should be dismissed. (g) The Adjudicating Officer on the basis of the report of the matter, investigation report (if any), other documents and on the basis of submissions shall form an opinion that there is sufficient cause for holding an enquiry or that the report into the matter should be dismissed and on that basis shall either by order dismiss the report of the matter, or shall determine to hear the matter. (h) If any person or persons fails, neglects or refuses to appear, or present himself as required by sub-rule (d), before the Adjudicating Officer, the Adjudicating Officer shall proceed with the inquiry in the absence ....
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....d other records and submissions, the Adjudicating Officer Is satisfied that the person has become liable to pay damages by way of compensation or to pay penalty under any of the provisions of the Act or rules, regulations, directions or orders, the Adjudicating Officer may, by order in writing, order payment of damages by way of compensation or impose such penalty, as deemed fit. (b) While adjudging the quantum of compensation or penalty, the Adjudicating Officer shall have due regard to the following factors, namely: (i) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default; (ii) the amount of loss caused to any person as a result of the default; (iii) the repetit....
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....tion Fee a) Upto Rs. 10,000 10% ad valorem rounded of to nearest next hundred b) From 10001 to Rs.50000 Rs. 1000 plus 5% of the amount exceeding Rs. 10,000 rounded of to nearest next hundred c) From Rs.50001 to Rs. 100000 Rs. 3000/- plus 4%of the amount exceeding Rs. 50,000 rounded of to nearest next hundred d) More than Rs. 100000 Rs. 5000/- plus 2% of the amount exceeding Rs. 100,000 rounded of to nearest next hundred (ii) Fee for every application Rs. 50/- 9. Duplicity Avoided: - When an adjudication into a matter of contravention is pending before an Adjudicating Officer, same matter shall not be pursued before any court or Tribunal or Authority in any proceeding whatsoever and if t....
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....um amount of penalty, which may be imposed under this Act for the contraventions so compounded. 12. Certifying Authorities and other Governmental Agencies to Assist All the licensed or recognized Certifying Authorities, the Controller and other officers agencies established under the Act and other government agencies like CERT- IND shall promptly assist the Adjudicating Officers in any proceedings filed or pending before the Adjudicating Officers. APPENDIX PROFORMA FOR COMPLAINT TO ADJUDICATING OFFICER UNDER INFORMATION TECHNOLOGY ACT - 2000 I 1. Name of the Complainant 2....