The Path to a Greener Future: Understanding Sustainable Development In an era where environmental challenges and resource depletion are becoming increasingly evident, the concept of sustainable development has gained significant importance. Sustainable development aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. This blog post will explore the principles, goals, and strategies of sustainable development, highlighting its critical role in ensuring a balanced and healthy future for our planet. "Transforming our world: The path to sustainable development." What is Sustainable Development? Sustainable development is a holistic approach that integrates economic growth, environmental protection, and social equity. It seeks to create a harmonious relationship between human activities and the natural world, ensuring that resources are used efficiently and responsibly. Definition: The most widely recognized de...
PENALTIES AND ADJUDICATION
Chapter IX containing section 43 to 47 is important as it deals with penalties and adjudicationPenalties for damage to computer, computer system etc. (Sec 43): Section 43 provides compensation not exceeding 1 core for damage caused to any computer network by introduction of computer virus, unauthorized access and other mischief.
If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network does the following –
a) Access to such computer, computer system or computer network;
b) Download, copies or extracts any data;
c) Introduce or cause to be introduced any computer contaminant or virus;
d) Damages or causes to be damaged any data residing in such computer, computer system or computer network;
e) Disrupt or cause disruption of any computer, computer system or computer network;
f) Denies or causes the denial of access to any person authorized to access by any means;
g) Provides any assistance to any person to facilitate access in contravention of the provision of this Act, rules or regulations made thereunder;
h) Charges the services availed of by a person to the account of another person by tampering with o manipulating any computer, computer system, or computer network.
Penalty for failure to furnish information, return etc. (Sec 44): Section 44 provides that if any person -
1. Fails to Furnish any document, return or report to controller or to the certifying authority, then penalty not exceeding Rs. 1,50,000 for each such failure.
2. Fails to Furnish any information, books other documents within specified time, then penalty not exceeding Rs 5,00 per day during which failure continues.
3. Fails to maintain books of accounts or records, then penalty not exceeding Rs. 10,000 per day for which failure continues.
Residuary Penalty (Sec 45): Section 45 provides liability to pay a compensation not exceeding 25,000 by a person for contravention any regulations made under the Act for which no separate penalty has been provided.
Adjudication (Sec 46 – 47): The Information Technology Act, 2000 has well defined adjudication process based on the principle of natural justice.
Adjudication Officer: U/S 46, the Central Government is empowered to appoint any officer, not below the rank of a Director to the Government of India or any equivalent officer of any State Government to be an Adjudicating Officer. The Adjudicating officer may hold enquiry in the prescribed manner to adjudge whether any person has committed any contravention of the provision of this Act.
Factors to be taken into account by the adjudicating officer: U/S 47, provides that while adjudicating he quantum of compensation, the adjudicating officer shall have due regard to the amount of gain of unfair advantage, the amount of loss caused to any person as a result of the default and the repetitive nature of the default.
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