*[ 70B. Indian Computer
Emergency Response Team to serve as national agency for incident
response.- (1) The Central Government shall, by notification
in the Official Gazette, appoint an agency of the government
to be called the Indian Computer Emergency Response Team.
(2) The Central Government shall provide the agency referred
to in sub-section (1) with a Director General and such other
officers and employees as may be prescribed.
(3) The salary and allowances and terms and conditions of
the Director General and other officers and employees shall
be such as may be prescribed.
(4) The Indian Computer Emergency Response Team shall serve
as the national agency for performing the following functions
in the area of Cyber Security,-
(a) collection, analysis and dissemination of information
on cyber incidents
(b) forecast and alerts of cyber security incidents
(c) emergency measures for handling cyber security incidents
(d) coordination of cyber incidents response activities
(e) issue guidelines, advisories, vulnerability notes and
white papers relating to information security practices, procedures,
prevention, response and reporting of cyber incidents
(f) such other functions relating to cyber security as may
be prescribed
(5) The manner of performing functions and duties of the agency
referred to in sub-section (1) shall be such as may be prescribed.
(6) For carrying out the provisions of sub-section (4), the
agency referred to in sub-section (1) may call for information
and give direction to the service providers, intermediaries,
data centers, body corporate and any other person
(7) Any service provider, intermediaries, data centers, body
corporate or person who fails to provide the information called
for or comply with the direction under sub-section (6), shall
be punishable with imprisonment for a term which may extend
to one year or with fine which may extend to one lakh rupees
or with both.
(8) No Court shall take cognizance of any offence under this
section, except on a complaint made by an officer authorized
in this behalf by the agency referred to in sub-section (1).
[* Inserted vide Information Technology Amendment Act, 2008]
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