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Section 11: Compounding of Contraventions

Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003.Central Rules · 2000

(a) A person, against whom a report of contravention of the Act, Rules or Regulations, directions or orders or conditions has been filed before an Adjudicating Officer, may make an application for compounding the contravention during the adjudicating proceedings to the concerned adjudicating officer.

Provided that an application for compounding may be filed even before the contravention is reported, in which case the contravener himself shall state the contravention undertaken or committed and the likely loss to various parties and the amount of compensatory damages tendered by the contravener.

(b) The applicant desirous of compounding the contravention shall deposit the sum determined by the officer compounding the contravention into the office of Adjudicating Officer.

Provided that sum determined as compounding fee shall not exceed the maximum 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. E-mail address

3. Telephone No.

4. Address for correspondence

5. Digital Signature Certificate, if any II 1. Name of the Respondent

2. E-mail address

3. Telephone No.

4. Address for correspondence

5. Digital Signature Certificate, if any III Damages claimed Fee deposited Demand Draft No.____________dated __________Branch_______ IV Complaint under Section/Rule/Direction/Order etc.

V Time of Contravention VI Place of Contravention VII Cause of action VIII Brief facts of the case (Signature of the Complainant)

Where this provision sits

ActInformation Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003.
Section11
Marginal noteCompounding of Contraventions
JurisdictionCentral
StatusIn force as published by the source

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