IT Act likely to be delayed

IT Act likely to be delayedSEPT 7: The notification of the final rules for IT Act 2000, providing a legal framework for electronic transac...

SEPT 7: The notification of the final rules for IT Act 2000, providing a legal framework for electronic transactions, is likely to get delayed for the second time in a row, owing to IT Minister Pramod Mahajan’s visit to the US.

This is the second time that the notification has been postponed with the government having earlier announced the notification of IT Act 2000, by August 15. On the scheduled day, however, it said that the draft rules had been framed and that the formal notification of the Act would be issued by September 15, following online feedback from the industry and public.

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"The Ministry had announced that the notification would be issued by September 15. However, due to the absence of the minister on account of the US visit, the final notification is likely now to be made only by end of the month," Secretary of IT Ministry P V Jayakrishnan said.

Jayakrishnan said that the draft rules had attracted positive response from the industry and the ministry expected the notification to be issued immediately after Mahajan’s return from the US.

IT Act 2000 draft rules envisage appointment of certain important authorities such as Controller, the adjugating officer, presiding officer and the Cyber Appellate Tribunal.

Under the draft rule, one of the key functionaries would be the controller who would supervise the activities of the certifying authority and would lay down the standards which the authority should maintain, he said.

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The other important issue which has been dealt by the rules is one of specifying the qualifications for becoming the certifying authority. A certifying authority is a person who would be granted a licence to issue a digital signature certificate and would be responsible for securing online transactions.

The rules specify the amount of paid-up capital, the bank guarantee and various other requirements that would need to be fulfilled before one is granted a licence for issuing digital signature certificates.

The draft rules also cover issues such as the period of validity of licence granted for issue of digital certificates and the payments to be made for the same. The rules also envisage procedures for creating secure electronic record and secure digital signature.

Rules have also dealt with the manner in which the disputes which arise would be disposed. To this effect, rules have been framed on the manner in which the adjugating officer shall hold the inquiry.