Every organisation for the purpose of these rules, shall designate one of its officer as the Nodal Officer and shall intimate the same to the Central Government in the Department of Infornwtion Technology under the Ministry of Communications and Information Technology. Government of India and also publish the name of the said Nodal Officer on their web&lc 5 Direction by Designated Officer.— The Designated Officer may. on receipt of any request from the Nodal Officer of an organisation or a competent court, by order oVect any Agency of the Government or intermediary to bfock for access by the public any information or part thereof generated, transmitted recerved. stored or hosted in any computer resource for any of the reasons specified in sub-section ( t ) of section 69A of the Act 6 Forwarding of request by organisation.— (1) Any person may send their complaint to the Nodal Officer of the concerned organisation for blocking of access by the puWic any information generated.
transmitted, recerved. stored or hosted in any computer resource:
Provided that any request, other than the one from the Nodal Officer of the organisation aha! be sent with the approval of the Croef Secretary of the concerned State or Union territory to the Dcs>qn£ted Officer * THEGAZI i l |KOF INl j lA : EXTRAORDINARY I PAUL II Su.3(i) f
Provided further (hat m case a Union temtory ha t no Cn»ef Secretary, then, such request may be approved by the Adviser to the Administrator rtf mat Union territory.
(2) The organisation shaU examine the complaint received under sub-rule (1) to satisfy themselves about the need for taking of acton in relation to the seasons enumerated in sub-section i of section 69A of the Act and after being satisfied, il shall send the request through As Nodal Officer to the Oes»gnated Officer m the format s p e w e d in the Form appendec to these rules.
(3) The Designated Officer shall not entertain any complaint or request for blocking of information directly from any person
(4) The request shall be in writing on the letter head of me respective organisation, complete in alt respects and may be sent erther by mail or oy fax or by e-mail signed with electronic signature of me Nodal Officer
Provided tnat in cade the request is sent by fa* or by o-mail which is not signed w»lh electron*;
signature me Nodal Office* shall provide a signed copy of the request so as to reach the Designated Officer within a period of three days o f receipt <4 the request by such fax or e-mail
(5) On receipt each request Shall be assigned a number alongwith the date and time of its receipt by the Designated Officer and he shall acknowledge the receipt thereof to the Nodal Offcer wrtrvn a period of twenty tour hours of its receipt 7- Committee for examination of request— The request atongwrth the printed sample content of the alleged offending information or part thereof shaM be examined by a committee consisting of the Designated Officer as its chairperson and representatives, net below the rank of jomt Secretary m Ministries of Law and Justice, Home Affairs, information and Broadcasting and the Indian Computer emergency Response Team appointed under sub-section (1) of section 70S of the Act 8 Examination of request— (1) On receipt of request under r j * 6, the Designated Officer shall make a* reasonable efforts to identify the person cr intermediary who has hosted the ^formation or part thereof as well as the computer resource o n vmich such information or part thereof •$ being hosted aiKJ where he 15 able to identify such person or intermediary and the computer resource hosting the information or part tnereof which have been requested to be Hocked for public access, he $nail issue a notice by way of letters or fax or e-mail signed wtth electronic signatures to such |>erson or intermediary n control of such computer resource to appear and submit the*f reply and clarncatrons. n* any. before the committee referred to »n rule 7. at a specified date and time whtch shall no: be less than forty-eight hours from the time of receipt of such notice by such person or intermediary
(2) In case of non-appearance of such person or intermediary, who has been served with the nobce under sub-rule (1). before the o>rnmttee on such specified date and feme, the committee shall give specific refommendalkon i n writing with respect to the request received from the Nodal Officer, based on the information available with the committee.
(3) tn case, such a person or intermediary who has beei served win the notice under sub-rule
(i)P is a foreign entity or body corporate as trjentfred by the Designated Officer, nobce shall be sent Dy way of letters or fa* or e-mail signed with electronic signatures io such foreign entity or body corporate and any soch foreign entity or body corporate shall respond to sucti a notice within the time speofied therem. fading w W i the committee shall gn/e specific recommendation in wnt^g wrth respect to the request received from the Nodal Officer, based on the information Available with the committee (4> The committee referred to in rule 7 shall examine the request and pnnted sample information and consider whether the request is covered wrthm the srope of siib-sectron 11) of section 69A of the Act and that * is Justifiable to block such information or part thereof and shall grve specific recommendation in writing with respect to the request received from the Nodal Officer
(5) The designated Officer shall submit the recommendation of the committee, in respect of ihe request for blocking of informjton alongwith the details sent by the Nodal Officer. to the Secretary m the Department of Information Technology under the Ministry of Communications and In formation I \jR ii—Tsrns j(i)] vnff wt yyq^ • a n r a w __ JL Technology. Government of India (hereinafter refened to as the "Secretary. Department of Information Technology*).
($) The Designated Officer, on approval of the request by the Secretary. Department oi Information Technology. sh*H direct any agency of tne Government or the intermediary \o btocfc the offending information generated, transmuted. received, stored or hosted m the*' computer resource for public access wiihm the time limit specified In the direction
Provided that m case the request of the Nodal Office is not approved by the Secretary Department of information Technology, the Designated Officer shall convey the same to such Nodai Offttr.
9. Blocking o f Information in cases of emergency,^ (1) Notwithstanding anything contained in njies 7 and 8. the Designated Officer, in any case of emergency nature fof which no delay is acceptable, shall examine the request and printed sample format ion and cons*der whether the reddest is w*hm the scope of $ub-seciic i of section 69A oi the Act and it is necessary or expedient and justifiable to block such information or p*rt thereof and submit the request with specific recommendations in verting to Secretary Department of Information Technology
(2) In a case of emergency nature* the Secretary, Department of information Technology may. if he is satisfied that tt is necessary or expedient and justifiable for blocking to' public access of any Information or part thereof through any computer resource and after recording r f asons m writing, as an intenm measure issue such directions as he may consider necessary to such identified or identifiable persons or intermediary in control of such computer resource hosting such information or part thereof without giving him an opportunity of heanng.
<3) The Designated O^eer. at the earliest but not later than forty-eight hours of issue of direction under sub-rule (?). shal bring the request before the committee referred to tn ru# 7 for its consideration and recommendation,
(4) On receipt of recommendations of committee. Secretary. Department of information Technology, shall pass the final order as regard to approval o* such request and m case the request for blocking is rot approved by the Secretary, Department of Information TecnnoJogy in his final order, the mtenm direction rssued under sub-rufe (2) shall be revoked and the person or intermediary in control of sucT ^formation shall be accordingly directed to unblock the information for public access