THE GAZETTE OF INDIA 
EXTRAORDINARY

Part II- Section 3, Sub-Section (i)

MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

(Department of Information Technology)

NOTIFICATION

New Delhi, the 17th March, 2003
G.S.R.220(E)

In exercise of the powers conferred by Clauses (p) & (q) of sub-section (2) of Section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules regulating the terms and conditions of the service of the Presiding Officer, namely: -

1. Short title and commencement :-

• These rules may be called the Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003.
• These shall come into force on the date of their publication in the Official Gazette.

2. Definitions :-

In these rules, unless the context otherwise requires -

• "Act" means the Information Technology Act, 2000 (21 of 2000).
• "Adjudicating Officer" means an adjudicating officer appointed under sub-section (1) of section 46, of the Act.
• "Proforma" means a proforma appended to these rules.
• Words and expressions used herein and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act.

3. Eligibility for Adjudicating Officer :-

Whereas the purpose and intent of Section 46(3) of IT Act is that the Adjudicating Officer should be a person so qualified and experienced to take decisions with a view in relation to Information Technology aspects as well as in a position to determine the complaints keeping in view the legal or judicial mannerism on the principle of compensation of damages of IT Act.

A person shall not be qualified for appointment as Adjudicating Officer unless the person -

• Possesses a University graduate Bachelor degree or equivalent, recognized by Central Government / State Government for the purpose of recruitment to grade I Service in a Government Department through Union / State Public Service Commission.
• Possesses Information Technology experience in the areas of relevance to public interface with Central / State Government functioning and experience obtained though the in-service training imparting competence to operate computer system to send and receive e-mails or other information through the computer network, exposure and awareness about the method of carrying information, data, sound, images or other electronic records through the medium of network including Internet.
• Possesses legal or judicial experience to discharge responsibilities connected with the role of Central / State Government in respect of making decisions or orders in relation to administration of laws as a District Magistrate, or Additional District Magistrate or Sub-Divisional Magistrate or an Executive Magistrate or in other administrative or quasi-judicial capacity for a cumulative period of 5 years.
• Is working and holding a post in Grade I in Government Department either in State Government/Union Territories to perform functional duty & discharge job responsibility in the field of Information Technology.
• Is an in-service officer not below the rank of Director to the Government of India or an equivalent officer of State Government.