(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 authorised in this behalf by the agency referred to in sub-section (1).
Cyber Lawyer says
MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY
(Department of Electronics and Information Technology)
New Delhi, the 26 April, 2016
S.O. 1581(E).—In exercise of the powers conferred by sub-section (1) of section 69B of the InformationTechnology Act, 2000 (21 of 2000), the Central Government, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, hereby authorises the Indian Computer Emergency Response Team, an agency of the Central Government, appointed vide notification number S.O. 2689(E), dated the 27th October, 2009, to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.
RAMESH KUMAR SUDHANSHU, Jt. Secy.