If any person who is required under this Act, etc., to (a) furnish
any document, return or report to the controller or the certifying Authority fails
to furnish the same, he shall be liable to a penalty not exceeding Rs one lakh
and fifty thousand for each such failure; (b) file any return or furnish any
information, books or other documents within the times specified therefor in
the regulations fails to file return or furnish the same within the time
specified therefor in the regulations, he shall be liable to a penalty not
exceeding Rs 5000 for every day during which such failure continues; (c) maintain
books of accounts or records fails to maintain the same, he shall be liable to
a penalty not exceeding Rs 10,000 for every day during which the failure continues.
13.10.3 Residuary
Penalty (s. 45). Whoever contravenes any rules or regulations made under
this Act for the contravention of which no penalty has been separately provided,
shall be liable to pay a compensation not exceeding Rs 25000 to the person
affected by such contravention.
13.10.4 Power to adjudicate (s. 46). For the purposes of adjudicating whether any person has committed a contravention of any of the provisions of this Act or any rule. regulation, direction or order made thereunder, the Central Government shall appoint an officer not below the rank of a director to the Government of India or an equivalent officer of a state government to be an adjudicating officer for holding an enquiary in the manner prescribed by the Central Government. But no person shall be appointed as an adjudicating officer unless he possesses such experience in the field of Information Technology and legal or judicial experience as may be prescribed by the Central Government. Further every adjudicating officer shall have the powers of civil court which are conferred on the Cyber Appellate Tribunal under s.58, and (a) all proceedings before it shall be deemed to be judicial proceedings under the Indian Penal Code; (b) shall be deemed to be a Civil Court for the purposes of sections 345 and346 of the Code of Criminal Procedure, 1973.
13.10.4 Power to adjudicate (s. 46). For the purposes of adjudicating whether any person has committed a contravention of any of the provisions of this Act or any rule. regulation, direction or order made thereunder, the Central Government shall appoint an officer not below the rank of a director to the Government of India or an equivalent officer of a state government to be an adjudicating officer for holding an enquiary in the manner prescribed by the Central Government. But no person shall be appointed as an adjudicating officer unless he possesses such experience in the field of Information Technology and legal or judicial experience as may be prescribed by the Central Government. Further every adjudicating officer shall have the powers of civil court which are conferred on the Cyber Appellate Tribunal under s.58, and (a) all proceedings before it shall be deemed to be judicial proceedings under the Indian Penal Code; (b) shall be deemed to be a Civil Court for the purposes of sections 345 and346 of the Code of Criminal Procedure, 1973.
The Adjudicating officer shall give the person committing a
contravention a reasonable opportunity for making representation in the matter.
Also the Adjudicating officer, if satisfied that the person has committed the
contravention, he may impose such penalty or award such compensation as he
thinks fit.
13.10.5
Factors to be taken into account by the Adjudicating officer (s. 47). While adjudging the quantum of compensation the
Adjudicating officer shall have due regard to the following factors, namely;
(a) the amount of gain of unfair advantage, whenever quantifiable, made as a
result of the default; (b) the amount of loss caused to any person as a result
of the default (c) the repetitive nature of the default.
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