Network Service Providers Not To Be Liable in Certain Cases
Network Service Providers Not To Be Liable in Certain Cases
Network Service Providers Not To Be Liable in Certain Cases
Network service providers is not to be liable in certain cases if he proves that the offence
or contravention was committed without his knowledge or that he had exercised all due steady effort to prevent the commission of such offence or contravention.
Offences by companies.
(1) A person committing a contravention of any of the provisions of this Act or of any rule, direction or order made there under 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 there under 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.
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 according to the situation 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.
(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 thereof 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 Certifying Authority 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 subsection (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 above-mentioned, 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 termination shall be without prejudice to the validity of anything previously done under that notification or rule.
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 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.