adjudicating officer means an adjudicating officer appointed under sub-

section (1) of section 46

Certifying Authority means a person who has been granted a licence to issue
a 5[electronic signature] Certificate under section 24;

Cyber Appellate Tribunal means the Cyber Appellate Tribunal established

under sub-section (1) of section 48;

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;]

data means are presentation 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;

digital signature means authentication of any electronic record by a sub-

scriber by means of an electronic method or procedure in accordance with the
provisions of section 3;

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 tele-
com 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

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;

private key means the key of a key pair used to create a digital signature;

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

DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

S. 3. Authentication of electronic records

(2) The authentication of the electronic record shall be effected by the use of
asymmetric crypto system and hash function which envelop and transform
the initial electronic record into another electronic record.

For the purposes of this sub-section, hash function means an algorithm

mapping or translation of one sequence of bits into another, generally
smaller, set known as hash result

(3) Any person by the use of a public key of the subscriber can verify the
electronic record.

(4) The private key and the public key are unique to the subscriber and
constitute a functioning key pair.

ELECTRONIC GOVERNANCE:

S. 4. Legal recognition of electronic records.

S. 5. Legal recognition of electronic signatures.

S. 6. Use of electronic records and electronic signatures in Government

and its agencies.

S. 7. Retention of electronic records

S. 7A. Audit of documents etc., maintained in electronic form.

S. 8. Publication of rule, regulation, etc., in Electronic Gazette

S. 9.document should be accepted in electronic form.

S. 10. Power to make rules by Central Government in respect of

23[electronic signature]

S. 10A. Validity of contracts formed through electronic means.

Digital Signature Certificate means a Digital Signature Certificate issued

under sub-section (4) of section 35;

S. 35 ,Certifying Authority to issue

Any person may make an application to the Certifying Authority for the issue of
a 47[Electronic Signature] Certificate in such form as may be prescribed by the
Central Government.

DIGITAL SIGNATURE CERTIFICATE ISSUING AUTHORITIES

Some of the dealers are required to obtain Digital Signature Certificate from the
appropriate certifying authority for making online application for the issue of
CST related Forms and Way Bill. A list of such dealers has been displayed in
this website.

A licensed Certifying Authority (CA) issues the digital signature. At present the
following organisations are authorised Certifying Authorities under CCA,
Government of India.

4. TCS

5. MTNL

6. Customs & Central Exercise

7. e-Mudhra

DUTIES OF SUBSCRIBERS

S. 40. Generating key pair.

S. 40A. Duties of subscriber of Electronic Signature Certificate.

S. 41. Acceptance of Digital Signature Certificate.

S. 42. Control of private key

PENALTIES, COMPENSATION AND ADJUDICATION

S. 43 :Penalty and compensation] for damage to computer, computer

system, etc

If any person without permission of the owner or any other person who is
incharge of a computer, computer system or computer network

(a) accesses or secures access to such computer,

(b) downloads, copies or extracts any data.

(c) introduces or causes to be introduced any computer contaminant

(d) damages or causes to be damaged any computer,

(e) disrupts or causes disruption of any computer,

(g) provides any assistance to any person to facilitate access to a computer,

(i) destroys,deletes or alters any information residing in a computer resourc.

he shall be liable to pay damages by way of compensation to the person so

affected-3 YEARS+5 LAKHS

computer database means a representation of information, knowledge,

facts, concepts or instructions in text, image, audio, video that are being
prepared or have been prepared in a formalised manner or have been pro-
duced by a computer, computer system or computer network and are in-
tended for use in a computer, computer system or computer network;

S. 43A. Compensation for failure to protect data

S. 44. Penalty for failure to furnish information, return, etc

S. 45. Residuary penalty.

THE CYBER 66[*] APPELLATE TRIBUNAL

S. 48. Establishment of Cyber Appellate Tribunal

S. 49. Composition of Cyber Appellate Tribunal

The Cyber Appellate Tribunal shall consist of a Chairperson and such number
of other Members, as the Cen- tral Government may, by notification in the
Official Gazette, appoint:

(2) The selection of Chairperson and Members of the Cyber Appellate Tribunal
shall be made by the Central Government in consultation with the Chief Justice
of India.

(a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal may
be exercise by the Branches thereof;

(b) a Bench may be constituted by the Chairperson of the Cyber Appellate Tri-
bunal with one or two Members of such Tribunal as the Chairperson may deem
fit;

(c) the Benches of the Cyber Appellate Tribunal shall sit at New Delhi and at
such other places as the Central Government may,

S. 50. Qualifications for appointment as Chairperson and Members of

Cyber Appellate Tribunal
(1) A person shall not be qualified for appointment as a Chair person of the
Cyber Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge
of a High Court.

S. 51. Term of office, conditions of service, etc., of Chairperson and

Members.

1) The Chairperson or Member of the Cyber Appellate Tribunal shall hold of-
fice for a term of five years from the date on which he enters upon his office or
until he attains the age of sixty-five years, whichever is earlier.

S. 52A. Powers of superintendence, direction, etc

The Chairperson of the Cyber Appellate Tribunal shall have powers of general
superintendence and directions in the conduct of the affairs of that Tribunal
and he shall

S. 52C. Power of Chairperson to transfer cases.

S. 57. Appeal to Cyber Appellate Tribunal.

1) Save as provided in sub-section (2), any person aggrieved by an order made

by an adjudicating officer under this Act may prefer an appeal to a Cyber
Tribunal having jurisdiction in the matter.

S. 58. Procedure and powers of the Cyber Appellate Tribunal

(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down
by the Code of Civil Procedure,

S. 62. Appeal to High court