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Section 45: After section 84 of the principal Act. the following sections shall be insened, namely

The Information Technology(Amendment) Act, 2008Union territory Act of Chandigarh · Act 10 of 2009

.- So:. I] TIlE GAZEITE OF INDIA EXTRAORDINARY 17 ) I I I , "84A.. The Central Government may. forsecurt use ofthl: electronic medium and for promotion ofe-go,,'cmance and ~mmen:e, pr~be the modes or methods for encryption _

848. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment. and no express provision is made by this Act for the punishment of such abetment. be punished with the punishment provided for the offence under this Act £Xplanolion.-An act or offence is said to be committed in cons«ruence or abeunent. \\-hen it is committed in consequence oCthe instigation, or in pursuance of the conspiracy, or ....im the aid which constitutes the abetment

84C. Whoever attempts 10 commit an offence punishable by this Act or causes such a,n offence to be commined, and in such an attempl does any Bet towards the commiJsion oflhl: ofRnce. shaJ~ where no express provision is made for the punishmcm ofsuch attempt, be punished with imprisonment of any description provided for the offence, for a term which maycxtend 10 one·balfofthe longest term of imprisonment provided for that offence, or wilh such fine as is provided for the offence, or with both.··.

46. In section &7 of the principal Aet,- (A) in sub-section (1),- (" for clause (a), the following clauses shall be substituted, namely.­ "(a) the condilions for considering reliabilityofelectronic signature or electronic authenticalion technique under sub-section (2) of section 3A;

(DO) the procedure for ascertaining electronic signature or authenlication under sub·section (3) of section 3A;

(ab) the manner in which any information or maner may be authenticated by rnC3JlS of electronic signalure under section 5;";

(il) after clause (e), the following clause shall be inserted, namely.- "(co) the manner in which the authorised servict' provider may oollec.t, retain and appropriate service charges under sub·seclion (2) of section 6A;";

(ii,' for clause (e), the following clauses shal( be subshwled, namely:­ "(e) the mannerofstoring and affixing electronic signature creation data under section l5j

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

(M in clause (I), for !.he words ·'and Assistant Controllers", the words ". Assistant Controllers, other officers and employees" shall be substituted;

(v) clause (g) shall be omitted;

("/) after clause (m), Ihe following clause shall be inscned, namely:­ "(ma) the fonn ofappliCalion and fee for issue ofElectronic Signawre Certificate under section 35;";

("i,) aftcrclause (0), the following clauses shall be inmted, namely:­ "(00) the duties of subscribers undtr section 40A;

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

('"iii) in clause (r), forlile """Ords"Presiding Officer", the words "Chairperson and Members" shall be substiMtd;

(a) in clause (.f), forthe words"PresidingOB"ICCr",1he words "Otairpc.rson and Memms" sha!! be substiMed;

(x) for clause (w), the following clauses shall be substituted, namely:­ "('It') the powers and functions of the Chairperson of the Cyber Appellate Tribunal under section 52A;

ModeJ or rnclllod. (or encrypllon POllllhmcnl (01 .betnlc"lll o( otreoc:1rS..

Pun15hmenl (or IlIempl to ~ommh otre1l~C$ Amendment of SCClJOII 11 18 THE GAZETTE OF INDIA EXTRAORDINARY A.lnrndmenl or s~tl0n 90.

Omission or secliollS 91, 92,93 -:I 94 SUM:.IIUUon o(new SchcduIC$ lOr i11'II: Sdlecule &Qd Second Scheduk.

(x) the information, duration, manner and form ofsuch information [0 be retained and preserved under section 67C;

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

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

(zo) the procedure and safeguards for monitoring and collecting U'affic data or information under sub-section (3) oheetion 69B;

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

(zc) manner afperforming functioll5 and duties afthe agency under sub-section (3) of section 70A;

(td) me officers and mtplayees under sub-section (2) of section 708;

(::e) salaries and allowances and terms and conditions ofservice of the Director General and other officers and employees under sub· section (3) ofsection 70B;

(zj) the manner in whcih the fUnctions and duties ofagency shall be performed under sub-section (5) ofsection 708;

(:!'g) lite guidelines to be observed by the intermediaries under sub-section (1) of section 79;

(:Ir) the modes or methods far encryption under section 84A;";

(B) in sub-section (1),- (I) for the words, bmckets, letter and figures "E....ery notification made by the Central Government under clause (f') of sub-section (4) of section I and every rule made by if', the words "Every notification made by the Central Government under sub-section (I) of st:ction 70A and every rule made by it" shall be substituted;

(II) the worM "the notification or" wherever they occur, shall be omiaed.

• 7. In section 90 afthe principal Act, in sub-section (1), clause (c) shall be omined .

48. Sectioll591, 92, 93 and 94 ofthe principalAet shall beomined.

Where this provision sits

ActThe Information Technology(Amendment) Act, 2008
Section45
Marginal noteAfter section 84 of the principal Act. the following sections shall be insened, namely
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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