Comments on: Times of India appears to be wrong on ITA 2008 amendments

By: Kapeesh

Kapeesh — Mon, 20 Apr 2009 11:17:51 +0000

Rajesh the Bill has received the assent of the president and become the Act. However, the Act 2008 is of no legal significance till concerned provisions of a section(s) or the entire Act is “notified” by the central govt u/s 1(2). The legal position is that till now only IT Act, 2000, as unamended, would govern the position.

Naavi is right in his assertion that the Bill has become the Act but wrong in assuming that it has legal significance even without notification.

For instance, the Delhi Rent Control Act, 1995 has received the President;s assent but till now it has not been notified. So Delhi is still governed by the 1958 law in this regard.

Naavi seems to be over exicted over the matter and is simply ignoring the fact of non notification.

By: naavi

naavi — Sat, 11 Apr 2009 18:15:58 +0000

Act has been notified. Rules are under formation. Once the rules are finalized, the rules will be notified along with the date of effect of the provisions of the Act.

By: Rajesh Khurana

Rajesh Khurana — Fri, 10 Apr 2009 05:12:38 +0000

Very confusing. The amendment has been notified or not? The bill has been withdrawn or notified? Can anybody give me a link where the amended bill has been notified as i tried all sites but with no info?

Naavi is the act notified or simply published in gazzette for public information? Because if it is the former, the govt must have informed the same? If the act has not been notified it must be withdrawn. I have read the opinion of other experts as well but nowhere i could find the notification. Kindly clarify.

By: naavi

naavi — Fri, 10 Apr 2009 03:09:20 +0000

Act has already been gazetted and not withfrawn. Information posted by John is incorrect.

Rules are under formation in consultation with the industry representatives.

By: John

John — Thu, 09 Apr 2009 15:51:15 +0000

This is insane. I do not know who is giving these stupid ideas to Indian government. The proposed server approach is not going to serve any purpose. This is just another excuse to extend the surveillance powers over Indians in an illegal manner. This may be the reason why Indian government has withdrawn the recent amendments and abstained from implementing them. The proposed amendments have already provided enhanced surveillance powers to Indian govt. I hope after the elections the Indian govt would start thinking rationally so that India may have good laws and effective cyber security. Otherwise morons would keep on ruling India and make absurd laws and experiments.