Information Technology (Amendment) Act 2008 Section 46 - Bare Act

Act Info:

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In section 87 of the principal Act,--

(A) in sub-section (2),--

(i) for clause (a), the following clauses shall be substituted, namely:--

"(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A;

(aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3 A;

(ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;";

(ii') after clause (c), the following clause shall be inserted, namely:--

"(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;";

(iii) for clause (e), the following clauses shall be substituted, namely:--

"(e) the manner of storing and affixing electronic signature creation data under section 15;

(ea) the security procedures and practices under section 16;";

(iv) in clause (f), for the words "and Assistant Controllers", the words ", Assistant Controllers, other officers and employees" shall be substituted;

(v) clause (g) shall be omitted;

(vi) after clause (m), the following clause shall be inserted, namely:--

"(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;";

(vii) after clause (o), the following clauses shall be inserted, namely:--

"(oa) the duties of subscribers under section 40A;

(ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;";

(viii) in clause (r), for the words "Presiding Officer", the words "Chairperson and Members" shall be substituted;

(ix) in clause (s), for the words "Presiding Officer", the words "Chairperson and Members" shall be substituted;

(x) for clause (w), the following clauses shall be substituted, namely:--

"(w) the powers and functions of the Chairperson of the Cyber Appellate Tribunal under section 52A;

(x) the information, duration, manner and form of such information to be retained and preserved under section 67C;

(y) the procedures and safeguards for interception, monitoring, or decryption under sub-section (2) of section 69;

(z) the procedure and safeguards for blocking for access by the public under sub-section (2) of section 69A;

(za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B;

(zb) the information security practices and procedures for protected system under section 70;

(zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A;

(zd) the officers and employees under sub-section (2) of section 70B;

(ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under subsection (3) of section 70B;

(zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B;

(zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79;

(zh) the modes or methods for encryption under section 84A;"; (B) in sub-section (3),--

(i) for the words, brackets, letter and figures "Every notification made by the Central Government under clause (f) of sub-section (4) of section 1 and every rule made by it", the words "Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it" shall be substituted;

(ii) the words "the notification or" wherever they occur, shall be omitted.

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