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FINANCIAL MEMORANDUM  

Clause 48 of the Bill relates to the establishment of Cyber Regulations Appellate Tribunal and clause 52 relates to the salaries and allowances payable to and the other terms and conditions of service including pension, gratuity and other retirement benefits of the presiding officer of the Tribunal. Sub-clause (3) of clause 56 of the Bill provides for the salaries and allowances and other conditions of service of the officers and employees of the Cyber Regulation Appellate Tribunal. Sub-clause (4) of clause 87 of the Bill provides for such traveling and other allowances to be paid to the Members of the Committee.

2. It is assumed that the Bill, when enacted will involve a non-recurring expenditure of rupees seventy-five lakhs and recurring expenditure of rupees one hundred and fifty lakhs during every financial year.

3. The Bill does not involve any other non-recurring expenditure.

   

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 1(4)(f) of the Bill empowers the Central Government to notify any class of documents or transactions in the Official Gazette to which the provisions of this Act will not apply.

2. Clause 85 of the Bill empowers the Central Government by order to remove certain difficulties which may appear to it to be necessary or expedient Further such order shall not be made under this clause after the expiry of a period of two years from the commencement of this Act. Every such order shall be laid before both Houses of Parliament.

3. Clause 86 of the Bill empowers the Central Government to make rules by notification to carry out the provisions of the Act. The matters in respect of which such rules may be made are specified therein. These matters relate, inter alia, to the electronic form in which filing, creation, grant or payment shall be made, types of digital signatures, the security procedure for creating secure electronic record and secure digital signature, the conditions to be fulfilled by an appliant for granting licence, renewal and revocation of such licence, the manner in which the adjudicating officer shall hold inquiry, the salary, allowances and other terms and conditions of service of the presiding officer of the Cyber Appellate Tribunal, the procedure for investigation of misbehaviour or incapacity of the presiding officer, the form of appeal, the salary and allowances and other conditions of service of other officers and employees of the Tribunal.

4. Clause 88 of the Bill empowers the Controller to make regulations after consultation with the Cyber Regulation Advisory Committee and with the previous approval of the Central Government to carry out the purposes of this Act. The matters in respect of which such regulations may be made are specified therein. These matters relate, inter alia, to the particulars relating to maintenance of database containing the disclosure record of every Certifying Authority, conditions and restrictions subject to which the Controller may recognise any Certifying Authority to issue Digital Signature Certificate in a country outside India, the terms and conditions subject to which a licence may be granted and other standards to be observed by a Certifying Authority.

5. Clause 89 of the Bill empowers the State Goverment to make rules by notification to carry out the provisions of the Act. The matters in respect of which such rules may be made are specified therein. These matters relate, inter alia, to the electronic form in which filing, creation, grant or payment shall be affected, and certain other matters specified in sub-section (2) of section 6.

6. The matters in respect of which rules and regulations may be made are matters of administrative detail arid procedure and, as such, the delegation of legislative power is of a normal character.

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