GOVERNMENT OF KARNATAKA
No:
ITD 07 PRM 2004 Karnataka Government
Secretariat,
Department of Information Technology
&
Biotechnology
UNI Building, Thimmaiah Road,
Bangalore, dated: 05.08.2004.
NOTIFICATION
In
exercise of the powers conferred by section 90 of the Information Technology
Act, 2000 (Central Act 21 of 2000), the Government of Karnataka hereby makes the
following rules,
namely:
1.Title and Commencement:
(1).
These rules may be called the Information Technology (Karnataka) Rules 2004.
(2)
They shall come into force on the date of their publication in the Official
Gazette.
2.Definitions:
In these rules, unless the context otherwise requires:
(a)
“Act” means the Information Technology Act, 2000 (Central Act 21 of 2000);
(b)
“Log Register” means the Register in Form-1 maintained by the Cyber Café
owner/Network Service Provider for using the Cyber Café.
(c)
“User” means a person who uses the Computer in a Cyber Café
(d) “Cyber Café” means a premises where the Cyber Café Owner/Network Service
Provider provides the computer services including Internet access to the public.
(e)
Cyber Police Authority” means the officers of the Cyber Crime Police Station.
3.
Cyber Café:
(1)
The owner of the Cyber Café shall take sufficient precautions so
that computers and computer systems in the Cyber Café are not used for any
illegal or criminal activity.
(2)
Cyber Café Owner/Network Service Provider shall not allow any User
to use his Computer, Computer System and/or Computer Network without the
identity of the User being established before him before use. The intending User
may establish his Identity by producing any Photo Identity Card issued by any
School or College or a Photo Credit Card of any Bank or Passport or Voters
Identity Card or PAN Number Card issued by Income-Tax authorities or Photo
Identity Card issued by the Employer or Driving License to the satisfaction of
Cyber Café Owner.
4.
Entries in the Log Register:
(1) After the Identity of the User is established, the owner of the Cyber
Café or the manager or the attendant or on his behalf any authorised person
managing the Cyber Café shall obtain and maintain the following information in
the Log Register for each user:
i.
Name of the User
ii.
Age and Sex of the User
iii.
Present residential address of the User
iv.
Log in time
v.
Log out time
(2) When a User cannot produce any Photo Identity Card to establish his identity
to the satisfaction of the Cyber Café Owner/Network Service Provider, he may be
photographed by the Cyber Café Owner/Network Service Provider after obtaining
his consent using a ‘Web Camera’ hooked onto one of the computers or computer
systems in the Cyber Café and the User shall be explained that his photograph
will be taken and stored in the hard disk of the computer, for verification by
Law enforcement authorities, whenever required. This is in addition to the
entries made in the log register. In case the User does not agree for storing
his photograph he shall not be allowed to use any computer, computer system and
/or computer network or access to the Internet in the Cyber Café.
(3)
All time clocks in Cyber Cafes must be regularly checked and synchronized
with Indian Standard Time (IST).
(4)
Maintaining proper account of the User as explained shall be the
responsibility of the Cyber Café Owner/Network Service provider.
5)
Log Register and the Photograph of the User shall be maintained by the
Cyber Café Owner/Network Service Provider for a minimum period of ONE YEAR and
which shall be provided to Law enforcement agencies as and when required.
(6) Cyber Police authorities may on complaint inspect Cyber Cafes at
all reasonable time to ensure compliance of these rules. If any Cyber Café
Owner/Network Service Provider fails to maintain Log Register and records he
shall be liable for penalties as provided in the Act or any other Law, for the
time being in force.
By
Order and in the
Name
of the Governor of Karnataka,
(K M
Ananda)
Under Secretary to Government
Dept. of IT, BT and Science & Technology
To:
The
Compiler, Karnataka Gazette, Bangalore for Publication in the next issue of the
Gazette and to supply 200 copies.
Copy
to:
1.
Chief secretary to Government, Vidhana Soudha, Bangalore.
2.
Additional chief Secretary to Government, Vidhana Soudha, Bangalore.
3.
ACS & Pr.Secy , ID / ACS & Pr.Secy, DDPER / ACS & Pr.Secy, FD/ ACS &
Dev., Commissioner, Bangalore.
4.
The Director General and Inspector General of Police, Bangalore.
5.
All Secretaries to Government.
6.
Commissioner of Police, Bangalore.
7.
Deputy Commissioners of Districts.
8.
SPs of Districts.
9.
Director, Department of Information Technology & Biotechnology,
Bangalore.
10.
Managing Director, KEONICS, Bangalore.
11.
Managing Director, KBITS, Bangalore.
12.
Director, KSRSAC,Bangalore
13.
Weekly Gazette / Guard file/Spare Copies
FORM
No. 1
|
Sl. No. |
Machine No. |
Name, Age, Sex and address of the User |
Signature |
Log in time |
Log out time |
Type of ID produced |
Issued by whom |
Remarks |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
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Note:
Column No.3 and 4 will be written by the User in his/her own handwriting and the
remaining columns are to be entered by the owner of the cyber Café or manager or
attendant of Cyber Café.
