Chapter IX
MISCELLANEOUS (under Sec 85-90)
85. Public servants.–The Controller, the Deputy Controller, the Assistant Controller or any person empowered under this Act to exercise his power and carrying out the tasks shall be deemed to be public servants within the meaning of section 21 of Penal Code.
86. Protection of action in good faith.–No suit, prosecution or other legal proceedings shall lie against the Government, the Controller, the Deputy Controller, the Assistant Controller or any person acting on his behalf, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation, order or direction made thereunder.
87. Augmented use of few definitions used in few acts.--For the purpose of this Act,–
(a) The definition of “document” in section 29 of Penal Code, 1860 (Act XLV of 1860)
also includes the document generated or prepared by electronic machine or
technology;
(b) The definition of “document” in section 3 of Evidence Act, 1872 (Act I of 1872) also includes the document generated or prepared by electronic machine or technology;
(c) The definition of “bankers books” in section 2, Clause (3) of Banker’s Books
Evidence Act, 1891 (Act XVIII of 1891) also includes the books viz. ledgers, day-books, cash-books, account-books and all other books generated or prepared by electronic machine or technology;
88. Power of Government to make rules.–The Government may, by notification in the Official Gazette and in the Electronic Gazette, make for all or any of the following rules for carrying out of this Act:
(a) the manner in which any information or matter may be authenticated or any
document may be signed by means of digital signature;
(b) the electronic form in which filing, issue, grant or payment;
(c) the manner and format in which electronic records shall be filed, or issued and the method of payment;
(d) the matters relating to the type of digital signature, manner and format in which it
may be affixed;
(e) the qualifications, experience and terms and conditions of service of the Controller, Deputy Controllers and Assistant Controllers;
(f) other standards to be observed by the Controller;
(g) the requirements which an applicant must fulfill;
(h) the period of validity of licence;
(i) the format in which an application may be made;
(j) the amount of fees payable with application for licence;
(k) such other document which shall accompany an application for licence;
(l) the form of application for renewal of a licence and the fee payable;
(m) the form in which application for issue of a Digital Signature Certificate and the
amount of fees payable;
(n) the qualifications and experience of Chairman and members of Cyber Appeal
Tribunal;
(o) the form in which appeal may be filed;
(p) the procedure of investigation;
(q) other such necessary matters.
89. Power of Controller to make regulations.--The Controller with prior approval of the Government, by notification in the Official Gazette and in the Electronic Gazette, make for all or any of the following regulations:–
(a) the particulars relating to maintenance of database containing the disclosure record of every Certify Authority;
(b) the conditions and restrictions subject to which the Controller may recognize any
foreign Certifying Authority;
(c) the terms and conditions subject to which a licence may be granted;
(d) other standards to be observed by a Certifying Authority;
(e) the manner in which the Certifying Authority shall disclose the particular matters;
(f) the particulars of statement which shall accompany an application.
90. Original script & English script.–The original script shall be in Bengali and there shall be a dependable English transcription of it.
Provided that any conflict arises between Bengali & English scripts the Bengali script shall get domination.