Intermediaries , Examiners & Miscellaneous
Section 79. Exemption from liability of intermediary in certain cases.
79(1).
This provision will apply even if any other law says otherwise.
An intermediary is generally not liable for:
Any information, Data, or Communication link that is made available or hosted by a third party.
The key idea is that the intermediary is not the creator or originator of the content.
So , the intermediaries get safe harbour, protecting them from liability for third-party content.
The Safe Harbour lasts as long as they comply with the conditions in 79(2) and 79(3).
The protection given here is not absolute and is subject to 79(2) and 79(3).
79(2).
79(1) shall apply and the safe harbour will be available only when the following conditions are met.
(a).
The function of the intermediary is limited to providing access to a communication system.
This means the intermediary’s role is only to:
Provide access to a communication system.
Transmit, temporarily store, or host information that is made available by third parties.
(b)
The intermediary must remain neutral and must not:
(i). Initiate the transmission
The intermediary should not start or originate the communication.
(ii). Select the receiver of the transmission
The intermediary should not decide who receives the information.
(iii). Select or modify the information contained in the transmission.
The intermediary should not choose, alter, or edit the content being transmitted.
(c).
The intermediary observes due diligence
The intermediary must:
Act responsibly while performing duties under this Act.
Follow any guidelines prescribed by the Central Government.
79(3).
70(1) shall not apply and the safe harbour will be denied in the following situations.
(a). The intermediary has conspired or abetted or aided or induced
The intermediary loses protection if it has:
Conspired, or Abetted, or Aided, or Induced the commission of an unlawful act, whether:
By threats.
By promise.
By any other means.
(b). Upon receiving actual knowledge, or on being notified by the appropriate Government or its agency
The obligation arises when the intermediary:
Has actual knowledge, or
Is formally notified by the appropriate Government or its agency.
The information must be: Residing in, or Connected to a computer resource controlled by the intermediary.
The information Is being used to commit the unlawful act and the content must be linked to an ongoing or intended unlawful activity.
Fails to expeditiously remove or disable access
If the intermediary does not act promptly to: Remove the content, or Disable access to it, without vitiating the evidence in any manner.
The intermediary must also ensure that the evidence is not destroyed, altered, or tampered with while taking action.
Explanation:
For the purposes of this section
Third party information means any information dealt with by an intermediary
The information must be something that the intermediary: Handles, Hosts, Transmits, or Provides access to.
The intermediary must be acting only as an intermediary, and not as: The creator, The publisher, or The controller of the content.
Section 79A. Central Government to notify Examiner of Electronic Evidence.
The Central Government has the power to take this action and provide expert opinion on evidence in electronic form.
Such expert opinion can be given before any court or other authority.
The Expert opinion has to be provided by a Department , Body or Agency.
The entity can be appointed the Central Government, or a State Government.
The appointment must be made through a notification in the Official Gazette.
Once notified, the entity functions as an Examiner of Electronic Evidence.
Explanation:
Electronic form evidence refers to any information that has probative value, meaning it can help prove or disprove a fact.
The information must be stored in electronic form or transmitted in electronic form.
The scope of the term is broad and not limited to one type of data.
It includes computer evidence, such as files, logs, or data stored on computers.
It includes digital audio, like sound recordings.
It includes digital video, such as CCTV footage or video files.
It includes evidence from cell phones, including data and communications.
It includes digital fax machines and the information generated or stored in them.
Section 80. Power of police officer and other officers to enter, search.
80(1).
This provision applies even if the Code of Criminal Procedure, 1973 says otherwise.
The below mentioned power is given to:
A police officer not below the rank of Inspector.
Any other officer of the Central Government or a State Government who is authorised by the Central Government.
Such authorised officers may enter any public place and may conduct a search in that public place.
They may arrest a person without a warrant.
This power can be exercised when a person is:
Reasonably suspected of having committed an offence under this Act.
Reasonably suspected of committing an offence under this Act.
Reasonably suspected of being about to commit an offence under this Act.
The suspicion must be reasonable, not arbitrary.
Explanation:
For the purposes of this section:
Public place includes:
It includes any public conveyance, such as buses, trains, or other transport used by the public.
It includes any hotel.
It includes any shop.
It also includes any other place that is: Intended for use by the public, or Accessible to the public.
80(2).
When a person is arrested under 80(1) and such arrest is made by an officer who is not a police officer then:
It is considered that such officer has a mandatory duty after making the arrest.
The arrested person must be taken or sent without unnecessary delay.
The person must be produced before:
A magistrate having jurisdiction over the case.
The officer-in-charge of a police station.
80(3).
The procedures of the Code of Criminal Procedure, 1973 apply.
They apply only to the extent they are compatible with this section.
The CrPC governs entries, searches, and arrests under this section.
In case of any conflict, the provisions of this section will prevail over the CrPC.
Section 81. Act to have overriding effect.
The provisions of this Act apply even if they are inconsistent with any other law in force.
The Act has an overriding effect over conflicting laws.
Exception:
Nothing in this Act can limit or take away rights under the Copyright Act, 1957 or the Patents Act, 1970.
Rights available under these two intellectual property laws can be fully exercised, even if this Act is in force.
Section 81A. Application of the Act to electronic cheque and truncated cheque.
81A(1).
The provisions of this Act apply to electronic cheques and truncated cheques.
The application will be in accordance to the law in force at the relevant time.
The application is subject to necessary modifications and amendments.
The necessary modifications must be such that they are required to carry out the purposes of the Negotiable Instruments Act, 1881.
The power to make these modifications lies with the Central Government.
The Central Government must act make these modification in consultation with the Reserve Bank of India.
The changes, modification and the amendments must be made through a notification in the Official Gazette.
81A(2).
With respect to every notification issued by the Central Government under 81A(1):
After a notification is made, it must be laid before each House of Parliament.
This laying must be done as soon as possible after the notification is issued.
The notification must be placed before Parliament only when Parliament is in session.
The total period for which the notification must lie before Parliament is thirty days.
These thirty days do not have to be in one continuous session.
The thirty days may be spread across:
One session.
Two or more successive sessions of Parliament.
Parliament has the power to examine the notification during this period.
If, before the end of the session immediately following:
The session in which the notification was first laid, or
The last of the successive sessions in which it was laid,
Both Houses of Parliament agree on a decision, consequences follow.
If both Houses agree to make modifications, the notification will: Continue to operate only in the modified form.
If both Houses agree that the notification should not be made, the notification will: Cease to have effect altogether.
Any modification or annulment decided by Parliament will operate prospectively.
So , actions already taken, or things already done under the notification remain valid.
Explanation:
For the purposes of this Act:
The Act defines the expressions: Electronic cheques , and Truncated cheque.
These expressions are not defined independently in this Act.
Their meanings are borrowed directly from section 6 of the Negotiable Instruments Act, 1881.
In accordance to Section 6 of the NI Act , 1881:
(a). Electronic Cheque means:
A cheque in electronic form is a cheque drawn electronically using a computer resource.
It is signed in a secure system.
The signature may be a digital signature using an asymmetric crypto system, or an electronic signature, as applicable.
The Digital Signature can be with or without biometric signature.
(b). Truncated Cheque:
A truncated cheque refers to a cheque that stops moving in its physical paper form during the clearing cycle.
A clearing cycle is the process by which a cheque is verified, processed, and finally paid by the bank.
Instead of the paper cheque travelling from bank to bank, an electronic image of the cheque is used for processing and settlement.
This speeds up clearing, reduces handling risks, and supports electronic banking systems.
Section 82. Controller, Deputy Controller and Assistant Controller to be public servants.
The Controller, Deputy Controller, and Assistant Controllers are officers are legally treated as public servants.
Their status is determined by law, not by their job title alone.
The meaning of Public servant is taken from section 21 of the Indian Penal Code, 1860.
Because of this status, they:
Are subject to duties and responsibilities applicable to public servants.
Are covered by offences and protections under the IPC relating to public servants.
Section 83. Power to give directions.
The power to issue directions is given to the Central Government.
These directions may be issued to any State Government.
The purpose of such directions is the implementation and execution of the Act.
The directions may relate to:
Any provision of this Act.
Any rule, regulation, or order made under this Act.
The directions are meant to ensure uniform and effective enforcement of the Act across States.
Section 84. Protection of action taken in good faith
The following authorities and persons are granted legal protection.
The Central Government and the State Government.
Controller.
Any person acting on behalf of the Controller.
Adjudicating officers.
The protection is that:
No suit, prosecution, or other legal proceeding can be initiated against these persons.
The protection applies only to acts: Done in good faith, or Intended to be done in good faith.
Such acts must be in pursuance of: This Act, or Any rule, regulation, or order made under the Act.
If an act is malicious, dishonest, or outside the scope of the Act, this protection will not apply.
84A. Modes or methods for encryption.
The Central Government has the power to the lay down encryption standards or methods.
The objective is to:
Improve security.
Support digital governance and digital trade.
Promotion of e-governance.
Promotion of e-commerce.
84B. Punishment for abetment of offences.
When a person abets the commission of an offence then:
That person who abetted the offence will be punished in the same manner as the person who committed the offence.
The rule applies only if the act abetted is actually committed as a result of that abetment.
It further applies only where the Act does not contain a specific provision prescribing punishment for such abetment.
The punishment imposed will be the punishment provided for the offence itself under this Act.
Explanation:
This provision explains when an act or offence is treated as having been committed because of abetment.
An offence is considered to be committed in consequence of abetment if it results from instigation.
It is also treated as committed in consequence of abetment if it is done in pursuance of a conspiracy.
It is further covered where the offence is committed with the aid or assistance that amounts to abetment.
The focus is on a causal link between the abetment and the commission of the offence.
In short, if the offence happens because of instigation, conspiracy, or assistance, it is legally regarded as committed due to abetment.
84C. Punishment for attempt to commit offences.
This provision deals with attempts to commit offences under the Act.
It applies to a person who:
Attempts to commit an offence punishable under this Act, or
Causes an offence to be committed.
Mere intention is not enough; during the attempt, the person must do some act towards the commission of the offence.
The rule applies only when the Act does not contain a specific provision punishing such an attempt.
In such cases, punishment may include imprisonment of the kind provided for the offence.
The term of imprisonment may extend to one-half of the maximum term prescribed for the main offence.
Alternatively, the person may be punished with the fine prescribed for the offence.
The court may also impose both imprisonment and fine.
85. Offences by companies.
85(1).
When a contravention of any provision of this Act, or any rule, direction, or order made under this Act.is committed by a company:
The company itself is deemed to be guilty of the contravention.
In addition, every person who, at the time the contravention occurred:
Was in charge of the company.
Was responsible to the company for the conduct of its business.
is also deemed to be guilty.
Such persons can be proceeded against separately or along with the company.
They are liable to be punished in accordance with the Act.
85(2).
An exception to liability under the sub-section. applies to persons who were: In charge of the company, and Responsible for the conduct of its business.
Such a person will not be liable to punishment if he is able to prove either of the following:
The contravention took place without his knowledge.
He exercised all due diligence to prevent the contravention.
The burden is on the person concerned to establish lack of knowledge or due diligence.
Explanation:
For the purposes of this section:
(i).
Company includes any body corporate , firm and further includes any other association of individuals.
(ii).
Director, in relation to a firm, has a special meaning.
In the case of a firm, a partner is treated as a director.
The purpose of these definitions is to expand liability beyond companies registered under company law.
86. Removal of difficulties.
86(1).
When practical difficulties arise in implementing the Act then the Central Government has the power to address such difficulties.
The Central Government may act by issuing an order.
Such order must be published in the Official Gazette.
The order may contain provisions to remove the difficulty.
These provisions must be:
Necessary or expedient.
Not inconsistent with the provisions of this Act.
The Central Government cannot make any order under this section after 2 years.
The two-year period is calculated from the commencement of this Act.
After this period expires, the power to issue orders to remove difficulties comes to an end.
86(2).
This provision applies to every order made under this section.
Once an order is issued, it must be placed before each House of Parliament.
This must be done as soon as possible after the order is made.
87. Power of Central Government to make rules.
87(1).
The power to make rules is given to the Central Government.
Rules can be made to carry out the provisions of this Act.
The rules must be made by notification.
The notification must be published in the Official Gazette, and the Electronic Gazette.
87(2).
In particular, and without limiting the general powers above, the rules may cover any or all of these matters.
These matters are only illustrative in nature and not exhaustive.
So the listed matters are just examples and do not limit the scope to only those items.
(a).
With respect to Section 3A(2) and in assessing the reliability of An electronic signature, or An electronic authentication technique:
The rules may specify the conditions or criteria for such assessment.
(aa).
Section 3A(3) concerns the procedure for ascertaining an electronic signature, or an electronic authentication technique.
The rules may lay down the step-by-step process for such verification.
(ab).
Section 5 of the Act deals with authentication of information or matters.
Authentication must be done using an electronic signature.
The rules may prescribe the manner or method of such authentication.
(b).
Section 6(1) of the Act deals with activities such as filing, issue, grant, or payment.
These activities are to be carried out in electronic form.
The rules may prescribe what electronic form or format must be used.
(c).
Section 6(2) of the Act deals with:
The manner of filing or issuing electronic records.
The format of such electronic records.
The method of payment.
The rules may prescribe how electronic records are to be filed or issued.
The rules may also specify the acceptable payment methods.
(ca).
Section 6A(2) of the Act deals with authorised service providers.
The rules may prescribe how service charges are to be handled.
This includes the manner of:
Collection of service charges.
Retention of service charges.
Appropriation (use or adjustment) of service charges.
(d).
Section 10 of the Act deals with electronic signatures.
The rules may specify:
The type of electronic signature permitted.
The manner in which it is to be affixed.
The format in which it must be applied.
(e).
Section 15 of the Act deals with electronic signature creation data.
The rules may prescribe: The manner of storing such data, and the manner of affixing such data.
(ea).
Section 16 of the Act deals with security procedures and practices.
The rules may prescribe what security measures must be followed.
These procedures are meant to ensure safe and secure electronic transactions.
Compliance with such prescribed security practices is mandatory.
(f).
Section 17 of the Act deals with appointments and service conditions.
The rules may prescribe:
The qualifications required.
The experience required.
The terms and conditions of service.
These rules apply to the Controller, Deputy Controllers, Assistant Controllers, and other officers and employees.
(h).
Section 21(2) of the Act concerns applicants under that section.
The rules may prescribe specific requirements or conditions.
An applicant must fulfil these prescribed requirements.
Compliance with these requirements is mandatory for eligibility or approval under Section 21.
(i).
Section 21(3)(a) of the Act deals with licence granted under that clause.
The rules may prescribe the period of validity of such licence.
The validity period determines how long the licence remains effective.
After expiry, the licence may require renewal or fresh grant, as prescribed.
(j).
Section 22(1) of the Act deals with applications for a licence.
The rules may prescribe the form of the application.
Applicants must submit the application in the prescribed form.
Using the prescribed form is mandatory for valid consideration of the licence application.
(k).
Section 22(2)(c) of the Act deals with the fees payable for a licence.
The rules may prescribe the amount of such fees.
Payment of the prescribed fee is mandatory.
Non-payment or short payment can affect processing or grant of the licence.
(l).
Section 22(2)(d) of the Act deals with documents required for a licence application.
The rules may specify additional documents.
These documents must accompany the application.
Submission of such documents is mandatory for a complete and valid licence application.
(m).
Section 23 of the Act deals with renewal of a licence.
The rules may prescribe:
The form for applying for renewal.
The fee payable for such renewal.
Payment of the prescribed fee is mandatory for renewal.
Compliance with the prescribed form and fee is required for continuation of the licence.
(ma).
Section 35 of the Act deals with the issue of an Electronic Signature Certificate.
The rules may prescribe:
The form of the application, an The fee payable.
Applicants must use the prescribed form.
Payment of the prescribed fee is mandatory for issuance of the Electronic Signature Certificate.
(n).
Section 35(1) of the Act concerns applications for issue of an electronic signature certificate.
The rules may prescribe the form of the application.
Applicants must submit the application in the prescribed form.
Use of the prescribed form is mandatory for valid processing.
(o).
Section 35(2) of the Act deals with the fee payable for issuance of an electronic signature certificate.
The fee is to be paid to the Certifying Authority.
The rules may prescribe the amount of such fee.
Payment of the prescribed fee is mandatory for issue of the certificate.
(oa).
Section 40A of the Act deals with the duties of subscribers.
The rules may prescribe what duties subscribers must perform.
These duties are mandatory and legally binding.
(ob).
Section 43A of the Act deals with
Reasonable security practices and procedures.
Sensitive personal data or information.
The rules may define what constitutes reasonable security practices.
The rules may also specify what data qualifies as sensitive personal data or information.
(p).
Section 46(1) of the Act deals the inquiry conducted by the adjudicating officer.
The rules may prescribe the manner of holding the inquiry.
This includes the procedure and steps to be followed.
(q).
Section 46(3) of the Act deals with the adjudicating officer.
The rules may prescribe:
The qualifications required, and the experience required.
These requirements must be possessed by the adjudicating officer.
(u).
Section 57(3) of the Act deals with appeals under that section.
The rules may prescribe:
The form in which an appeal must be filed.
The fee payable for filing the appeal.
Filing the appeal in the prescribed form is mandatory.
Payment of the prescribed fee is necessary for valid filing of the appeal.
(v).
Section 58(2)(g) of the Act deals with the powers of a civil court.
Certain civil court powers are not directly listed in the Act.
The rules may prescribe any other civil court powers as required.
Once prescribed, such powers can be exercised under the Act.
(w).
Section 52A of the Act deals with the Chairperson of the Appellate Tribunal.
The rules may prescribe:
the powers of the Chairperson, and functions of the Chairperson.
These powers and functions govern how the Appellate Tribunal is administered and operates.
Compliance with the prescribed framework is mandatory.
(x).
Section 67C of the Act deals with information that must be retained and preserved.
The rules may prescribe:
The type of information to be retained.
The duration for which it must be preserved.
The manner of retention.
The form in which it must be kept.
Compliance with these requirements is mandatory for entities covered under Section 67C.
(y).
Section 69(2) of the Act deals with interception, monitoring, or decryption of information.
The rules may prescribe:
The procedures to be followed.
The safeguards to be ensured.
These procedures govern how interception, monitoring, or decryption is carried out.
The safeguards are meant to prevent misuse and protect privacy and rights.
(z).
Section 69A(3) of the Act deals with blocking of access by the public.
The rules may prescribe:
The procedures to be followed.
The safeguards to be ensured.
These procedures regulate how and when public access may be blocked.
(za).
Section 69B(3) of the Act deals with monitoring and collection of traffic data or information.
The rules may prescribe:
The procedure to be followed.
The safeguards to be observed.
These procedures regulate how traffic data is monitored and collected.
(zb).
Section 70 of the Act deals with protected systems.
The rules may prescribe information security practices and procedures.
These practices apply specifically to protected computer systems.
(zc).
Section 70A(3) of the Act deals with the agency referred to under that section.
The rules may prescribe the manner of performing its functions and duties.
This includes how the agency operates and discharges its responsibilities.
(zd).
Section 70B(2) of the Act deals with officers and employees of the agency under that section.
The rules may prescribe matters relating to:
Their appointment, or their roles and service conditions.
These provisions govern the staffing structure under Section 70B.
(ze).
Section 70B(3) of the Act deals with the Director General and other officers and employees.
The rules may prescribe:
Salaries and allowances.
Terms and conditions of service.
These provisions regulate pay, benefits, and service conditions.
(zf).
Section 70B(5) of the Act deals with the agency referred to under that section.
The rules may prescribe the manner of performing its functions and duties.
This covers how the agency carries out its responsibilities in practice.
(zg).
Section 79(2) of the Act deals with intermediaries.
The rules may prescribe guidelines to be followed by intermediaries.
These guidelines are mandatory for claiming protection under Section 79.
(zh).
Section 84A of the Act deals with encryption.
The rules may prescribe: The modes, o the methods for encryption.
These prescribed methods govern how encryption is to be implemented.
87(3).
Every notification and rule made by Central Government under of section 70(1) must be laid before each House of Parliament..
This must be done as soon as possible after the regulation is issued.
The regulation must be placed before Parliament while it is in session.
The total period for which the regulation must lie before Parliament is thirty days.
These thirty days: May be in one session or May be spread across two or more successive sessions.
During this period, Parliament has the power to review the regulation.
If, before the end of the session immediately following:
The session in which the notification was first laid, or
The last of the successive sessions in which it was laid,
Both Houses of Parliament agree on a decision, consequences follow.
If both Houses agree to modify the regulation, it will: Continue to operate only in the modified form.
If both Houses agree that the regulation should not be made, it will: Cease to have effect.
Any modification or annulment operates prospectively.
Actions already taken under the regulation remain valid.
88. Constitution of Advisory Committee.
88(1).
The Central Government has a mandatory duty to act as soon as possible after the Act comes into force.
It must constitute a Committee.
The Committee is to be called the Cyber Regulations Advisory Committee.
The purpose is to have a dedicated advisory body under the Act.
88(2).
The composition of the Cyber Regulations Advisory Committee is as follows:
The Committee must have a Chairperson.
It must also have a number of other members, as decided by the Central Government.
These members may be official members.
They may also be non-official members.
The members should:
Represent the interests principally affected by the subject matter.
Possess special knowledge or expertise in the relevant field.
The Central Government has the discretion to decide the number and nature of members.
88(3).
The Committee has a duty to advise the Central Government.
(a).
The advice to the Central Government may be:
Of a general nature.
Specifically related to rules.
For any other purpose connected with this Act.
(b).
The Committee also has a duty to advise the Controller.
This advice relates to the framing of regulations under this Act.
88(4).
The non-official members of the Committee. are entitled to receive payment.
The payment covers: Travelling allowances, and Other allowances.
The Central Government has the authority to decide:
The nature of these allowances.
The amount payable.
Section 89. Power of Controller to make regulations.
89(1).
The power to make regulations is given to the Controller.
Before making regulations, the Controller must consult the Cyber Regulations Advisory Committee.
The Controller must also obtain prior approval of the Central Government.
Regulations can be made only by notification in the Official Gazette.
The regulations must be consistent with:
The provisions of this Act.
The rules made under this Act.
The purpose of these regulations is to carry out the objectives of this Act.
89(2).
The provision explains the scope of the regulation-making power.
Regulations may cover specific matters listed later.
The listed matters do not limit the broader power to make regulations.
The Controller can make regulations on:
All of the listed matters.
Any of the listed matters.
The list that follows is illustrative, not exhaustive.
(a).
With respect to maintenance of a database:
The database must contain the disclosure record of every Certifying Authority.
The requirement arises under clause (n) of section 18.
The regulations may specify the particulars or details to be maintained in this database.
This includes what information must be recorded and how it should be kept.
(b).
With respect to recognition of foreign Certifying Authorities:
The power to recognise such authorities lies with the Controller.
The recognition is granted under section 19(1).
Regulations may prescribe the conditions that must be satisfied for recognition.
Regulations may also prescribe restrictions or limitations attached to such recognition.
These conditions and restrictions control when and how a foreign Certifying Authority can be recognised.
(c).
With respect to Grant of a Licence:
The power to grant such licence arises under clause (c) of Section 21(3) of the IT Act , 2000.
Regulations may prescribe the terms on which the licence is granted.
Regulations may also prescribe the conditions attached to the licence.
These terms and conditions govern:
How the licence may be used.
The obligations of the licence holder.
(d).
With respect to standards applicable to a Certifying Authority:
The obligation arises under clause (d) of section 30.
Regulations may prescribe additional standards beyond those already specified.
These standards must be observed and complied with by the Certifying Authority.
The purpose is to maintain reliability, security, and uniform practices.
(e).
With respect to disclosure obligations of a Certifying Authority:
The matters to be disclosed are specified in Section 34(1).
Regulations may prescribe the manner of disclosure.
This includes:
How the information is to be disclosed.
The form or method of such disclosure.
(f).
With respect to applications made under section 35(3):
Such an application must be accompanied by a statement.
Regulations may specify the particulars or details that must be included in that statement.
These particulars determine what information the applicant must provide.
(g).
With respect to communication by a subscriber:
Under circumstance there is compromise of a private key then:
The communication must be made to the Certifying Authority.
The obligation arises under Section 42(2).
Regulations may prescribe the manner of communication.
This includes how and through what means the subscriber must inform the Certifying Authority.
89(3).
After a regulation is made, it must be laid before each House of Parliament.
This must be done as soon as possible after the regulation is issued.
The regulation must be placed before Parliament while it is in session.
The total period for which the regulation must lie before Parliament is thirty days.
These thirty days: May be in one session or May be spread across two or more successive sessions.
During this period, Parliament has the power to review the regulation.
If, before the end of the session immediately following:
The session in which the notification was first laid, or
The last of the successive sessions in which it was laid,
Both Houses of Parliament agree on a decision, consequences follow.
If both Houses agree to modify the regulation, it will: Continue to operate only in the modified form.
If both Houses agree that the regulation should not be made, it will: Cease to have effect.
Any modification or annulment operates prospectively.
Actions already taken under the regulation remain valid.
Section 90. Power of State Government to make rules.
90(1).
The power to make rules is given to the State Government.
The State Governments can frame subordinate legislation to implement the Act.
Rules can be made to carry out the provisions of this Act.
The rules must be made by notification in the Official Gazette.
90(2).
With respect to scope of the rule-making power of the State Government.
The State Government can in particular introduce specific matters that may be covered by rules.
The listed matters do not limit the overall power to make rules.
Rules may be framed for all or any of the matters listed.
(a).
Rules may prescribe the electronic form in which: Filing, Issue, Grant, Receipt, or Payment is to be carried out under 90(1) of section 6.
(b).
Rules may also be made for the matters specified in 6(2).
The State Government can set detailed procedural rules for electronic transactions under section 6.
90(3).
After a rule is made, it must be laid before the State Legislature.
This must be done as soon as possible after the rule is issued.
If the State Legislature has two Houses, the rule must be laid before both Houses.
If the State Legislature has only one House, the rule must be laid before that House.
91. [Omitted.].
92. [Omitted.].
93. [Omitted.].
94. [Omitted.].
