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Strictly Private and Confidential Draft for discussion purposes ... - Delhi

Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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Preliminary & TentativePrivileged & <strong>Confidential</strong><strong>Draft</strong> For Discussion Purposes Only(2) The Authority shall <strong>for</strong> the <strong>purposes</strong> of this Act prescribe appropriate systems of securityhaving due regard to prevailing commercial circumstances <strong>and</strong>a) the nature of transaction;b) the level of sophistication of the parties with reference to their technologicalcapacity;c) the volume of similar transactions engaged in by other parties;d) the availability of alternatives offered to but rejected by any party;e) the cost of alternative procedures;f) the procedures in general use <strong>for</strong> similar types of transactions orcommunications;Notwithst<strong>and</strong>ing anything contained in this section the Authority shall be at a minimumgoverned by the In<strong>for</strong>mation Technology Security Guidelines contained in Schedule II tothe In<strong>for</strong>mation Technology (Certifying Authorities) Rules, 2000 of the In<strong>for</strong>mationTechnology Act, 2000.CHAPTER XIIPENALTIES64. Penalty <strong>for</strong> incorrectly endorsing, copying etc. with intent to injureEvery Registrar appointed under this Act <strong>and</strong> every person employed in his office <strong>for</strong> the<strong>purposes</strong> of this Act, who, being charged with the endorsing, copying, translating orregistering of any document presented or deposited under its provisions, endorses, copies,translates or registers such document in a manner which he knows or believes to beincorrect, intending thereby to cause or knowing it to be likely that he may thereby cause,injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall bepunishable with imprisonment <strong>for</strong> a term which may extend to seven years, or with fineof Rs. [insert], or with both.65. Penalty <strong>for</strong> making false statements, false copies or translations etc.Whoever--(a) intentionally makes any false statement, whether on oath or not, <strong>and</strong> whether ithas been recorded or not, be<strong>for</strong>e any officer acting in execution of this Act, inany proceeding or enquiry under this Act; or(b)(c)(d)intentionally delivers to a Registrar a false copy or translation of a document, or afalse copy of a map or plan; orfalsely personates another, <strong>and</strong> in such assumed character presents any document,or makes any admission or statement, or causes any summons to be issued, ordoes any other act in any proceeding or enquiry under this Act; orabets anything made punishable by this Act,shall be punishable with imprisonment <strong>for</strong> a term which may extend to sevenyears, or with fine of Rupees two lakhs (Rs. 2,00,000), or with both.40

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