(1) In this Act, unless the context otherwise requires,--

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(a) "access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;

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(b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;

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(c) "adjudicating officer" means an adjudicating officer appointed under sub-section (1) of section 46;

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(d) "affixing ¹ [electronic signature]" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature;

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² [(da) "Appellate Tribunal" means the Appellate Tribunal referred to in sub-section (1) of section 48;]

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(e) "appropriate Government" means as respects any matter,--

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(i) enumerated in List II of the Seventh Schedule to the Constitution;

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(ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution,

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the State Government and in any other case, the Central Government;

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(f) "asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;

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(g) "Certifying Authority" means a person who has been granted a licence to issue a 1 [electronic signature] Certificate under section 24;

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(h) "certification practice statement" means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing ¹ [electronic signature] Certificates;

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³ [(ha) "communication device" means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;]

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(i) "computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;

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⁴ [(j) "computer network" means the inter-connection of one or more computers or computer systems or communication device through--

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(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and

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(ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the inter-connection is continuously maintained;]

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(k) "computer resource" means computer, computer system, computer network, data, computer data base or software;

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(l) "computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;

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(m) "Controller" means the Controller of Certifying Authorities appointed under sub-section (1) of section 17;

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² [(na) "cyber cafe" means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public;

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(nb) "cyber security" means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction;]

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(o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;

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(p) "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;

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(q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;

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(r) "electronic form" with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;

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(s) "Electronic Gazette" means the Official Gazette published in the electronic form;

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(t) "electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;

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⁶ [(ta) "electronic signature" means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;

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(tb) "Electronic Signature Certificate" means an Electronic Signature Certificate issued under section 35 and includes Digital Signature Certificate;]

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(u) "function", in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer;

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⁶ [(ua) Indian Computer Emergency Response Team means an agency established under subsection (1) of Section 70B;]

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(v) "information" includes ⁷ [data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche;

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⁸ [(w) "intermediary", with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes;]

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(x) "key pair", in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key;

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(y) "law" includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub-clause (a) of clause (1) of article 357 of the Constitution and includes rules, regulations, bye-laws and orders issued or made thereunder;

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(z) "licence" means a licence granted to a Certifying Authority under section 24;

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(za) "originator" means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary;

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(zb) "prescribed" means prescribed by rules made under this Act;

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(zc) "private key" means the key of a key pair used to create a digital signature;

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(zd) "public key" means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate;

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(ze) "secure system" means computer hardware, software, and procedure that--

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(a) are reasonably secure from unauthorised access and misuse;

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(b) provide a reasonable level of reliability and correct operation;

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(c) are reasonably suited to performing the intended functions; and

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(d) adhere to generally accepted security procedures;

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(zf) "security procedure" means the security procedure prescribed under section 16 by the Central Government;

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(zg) "subscriber" means a person in whose name the ⁹ [electronic signature] Certificate is issued;

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(zh) "verify", in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions, means to determine whether--

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(a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;

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(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature.

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(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

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(1) The Central Government may, by notification in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.

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(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

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¹ [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A;

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(aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A;

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(ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;]

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(b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6;

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(c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6;

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² [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;]

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(d) the matters relating to the type of ³ [electronic signature], manner and format in which it may be affixed under section 10;

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⁴ [(e) the manner of storing and affixing electronic signature creation data under section 15;

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

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(f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers ⁵ [, Assistant Controllers, other officers and employees] under section 17;

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(h) the requirements which an applicant must fulfil under sub-section (2) of section 21;

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(i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21;

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(j) the form in which an application for licence may be made under sub-section (1) of section 22;

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(k) the amount of fees payable under clause (c) of sub-section (2) of section 22;

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(l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22;

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(m) the form and the fee for renewal of a licence and the fee payable thereof under section 23;

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⁷ [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;]

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(n) the form in which application for issue of a ³ [electronic signature] Certificate may be made under sub-section (1) of section 35;

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(o) the fee to be paid to the Certifying Authority for issue of a ³ [electronic signature] Certificate under sub-section (2) of section 35;

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² [(oa) the duties of subscribers under section 40A;

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(ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;]

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(p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46;

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(q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46;

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(u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57;

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(v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and

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⁹ [(w) the powers and functions of the Chairperson of the ¹⁰ [Appellate Tribunal] under section 52A;

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(x) the information, duration, manner and form of such information to be retained and preserved under section 67C;

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

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(z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A;

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(za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B;

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

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(zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A;

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(zd) the officers and employees under sub-section (2) of section 70B;

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(ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B;

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(zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B;

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(zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79;

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(zh) the modes or methods for encryption under section 84A.]

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(3) ¹¹ [Every notification made by the Central Government under sub-section (1) of section 70A 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 aforesaid, both Houses agree in making any modification in ¹² *** the rule or both Houses agree that ¹² *** the rule should not be made, ¹² *** 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 annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

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