it amendment act 2008

8/14/2019 IT Amendment Act 2008

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LOK SABHAList No.2

S.No.

59.

60.

61.

INFORMATIONTECHNOLOGY(AMENDMENT) BILL, 2006[As introduced in Lok Sabha]

Notice of Motions under Rule388Name ofMember and text ofMotion

SHRI A.RAJA:"That this House do suspend clause (i) of rule 80 of Rules ofProcedure and Conduct ofBusiness in Lok Sabha in so far as itrequires that an amendment shall be within the scope of the Billand relevant to the subject matter of the clause to which it relates,in its application to the Government amendment No. 12* to theInformation Technology (Amendment) Bill, 2006 and that thisamendment may be allowed to be moved.""That this House do suspend c lause (i) of rule 80 of Rules ofProcedure and Conduct ofBusiness in Lok Sabha in so far as itrequires that an amendment shall be within the scope of the Billand relevantto the subject matter of the clause to which it relates,in its application to the Government amendment No. 13* to theInformation Technology (Amendment) Bill, 2006 and that thisamendment may be allowed to be moved.""That this House do suspend c lause (i) of rule 80 of Rules ofProcedure and Conduct ofBusiness in Lok Sabha in so far as itrequires that an amendment shall be within the scope of the Billand relevantto the subject matter ofthe clauseto which itrelates,in its application to the Government amendment No. 41* to theInformation Technology (Amendment) Bill, 2006 and that thisamendment may be allowed to be moved."

Clause No.

7A(New)

lOA(New)

37A(New)

NEW DELHI;December 16,2008Agrahayana 25, 1930 (Saka)

*Vide Amendments list No. I circulated on 16.12.2008.

GMGIPMRND-4424LS(S5)-16-12-2008.

P. D.T. ACHARY,Secretary-General.


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List No.1LOK SABRA

INFORMATION TECHNOWGY (AMENDMEN1) BILL, 2008[As introduced in Lok Sabha]

Notice of AmendmentsS.No. Name ofMember and text ofAmendment

SHRI A.RAJA:Clause No.

1.

2.3.

Page 1,Page 1,Page 2,

line 1,for "Fifty-seventh", substitute "Fifty-ninth". Enact ingformula

line 5 for "2006", substitute "2008", 1after line 35, insert- 4'(A) after clause (h), the following clause shall beinserted, namely:-

'(ha) "communication device" means cel lphone s, p er sona l d ig it al a ss is ta nc e orcombination of both or any other device usedto communicate , send or transmit any text ,video, audio or image;';'.

10. Page 3,

4.5.

6.7.8.

9.

Page 2,Page 2,Page 2,Page 2,

Page 3,

Page 3,

line 36,for "(A)", substitute "(AA)".line 38, after "computer systems", insert "orcommunication device".line 39, after "terrestrial line", insert "wire,".line 42, after "computers", insert "or communicationdevice".line 1,for "following clause", substitute "followingclauses".after line 4, insert-'(n b) "cyber security" means protecting

information, equipment, devices, computer,computer resource, communication device andinformation stored therein from unauthorisedaccess, use, disclosure, disruption, modificationor destruction;'.after line 10, insert-'(DA) after clause (u), the following clause shall be

inserted, namely:-'(ua) "Indian Computer Emergency ResponseTeam"means an agency established under subsection (1) of section 70B;'.'.

4444

4

4

4


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S. No.11. Page 3,12. Page 4,

Insertion ofnew section 7A.

Audit ofdocuments etc.maintained inelectronic form

13. Page 5,Amendment ofSection 17.

14. Page 5,

15. Page 5,

16. Page 5,17. Page 5,

2Name ofMember and text of Amendmentlines 19and 20, omit",but does not include bodycorporate referred to in section 43A".after line30, insert-'7A.After section 7 of the principal Act, thefollowing section shall be inserted, namely:-"7A. Where in any law for the time being in force,there is a provision for audit of documents, recordsor information, that provision shall also be applicablefor audit of documents, records or informationprocessed and maintained in the electronic form.".'.after line 7, insert-' lOA. In section 17 of the principalAct , -(a) in sub-section (l), for the words" and Assistant

Controllers", the words ",Assistant Controllers,o ther o ff icer s and employees " shal l besubstituted; and

(b) in sub-section (4), for the words "and AssistantControllers", the words" ,Assistant Controllers,other officers and employees " shal l besubstituted.'.

for line 39, substitute-"(a) in.themarginal heading, for the word "Penalty",the words "Penalty and Compensation".after line40, insert-"(aa) in clause (a), after the words "computernetwork", the words "or computer resource" sha,llbe inserted;".line 41.for "following clause", substitute"followingclauses" .after line43, insert-

"0 ) steals, conceals, destroys or alters or causesany per son to steal, conceal, destroy oralter any computer source code used for a

, computer resource with an intention to causedamage,(c) for the portion beginning with the words "heshall be liable to pay damages" and ending withthe words "person so affected" the following shallbe substituted, namely:-

"he shall be liable to pay damages by way ofcompensation to the person so affected";

Clause No.4

7A(New)

lOA(New)

19

19

1919


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3S.No. Name ofMember and text of Amendment Clause No.

(d ) in th e Explanation, a ft er c la use ( iv ), th efol1owing clause shall be inserted, n amel y : -'(v) "computer source code" means the listing ofprogrammes computer commands, design andlayout and p ro g ra mm e a n al ys i s o f computerresource in any form."."'.

18. Page 6, lines 7 and 8, omit "not exceeding five crore rupees,". 2019. Page 6, for lines 24 to 26, substitute- 21

'21. In section 46 of the principal Act,-(a) in sub-section (1), for the words "direction ororder made therunder", the words "di rect ion ororder made thereunder which renders him liable topay penalty or compensation," shall be substituted;(b) after sub-section (I), the foIlowing sub-sectionshall be inserted, n amel y : -

"(1 A). T h e a dju dic ating officer appointedunder sub-section (1) shall exercise jurisdictionto adjudicate matters in which the claim forinjury or damage does not exceed rupees fivecrore:

Provided that the jurisdiction in respect of the claimfor injury or damage exceeding rupees five croreshall vest with the competent court.";(c) in sub-section (5), after clause (b), the followingclause shall be inserted, n amel y : -

"(c) shall be deemed to be a civil court forpurposes of Order XXI o f the Civil ProcedureCode, 1908.".'.

20. Page 6, after line 35, insert- 24"Provided th a t th e person appointed as th ePresiding Officer o f the Cyber Appel1ate Tribunalunder the provisions of this Act immediately beforethe commencement of the Information Technology(Amendment) Act, 2008 shall be deemed to havebeen appointed as the Chairperson o f the said CyberAppellate Tribunal under the provisions o f this Actas amended by th e I n fo r ma t io n T e ch n ol o gy(Amendment)Act, 2008".

21. Page 6, Omit lines45 and 46. 2422. Page 7, line 23,for "two years", substitute "one year". 2423. Page 8, line 34,for "two years", substitute "three years". 3124. Page 8, line 43,/or "content", substitute "information". 3125. Page 8, line 44,/or "content", substitute "information". 3126. Page 8, line 46,/or "makes", substitute "bymaking". 31


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S. No.: Page8,Page 9,y Page 9,

Punishmentfor dishonestlyreceiving stolencomputerresource orcommunicationdevice.

Punishment foridentity theft.

Punishment forcheating bypersonation byusing computerresource.

Punishment forviolation ofprivacy.

4Name ofMemberand text of Amendmentafter line47, insert-"(c) any electronic mail or electronic mail messagefor the purpose of causing annoyance orinconvenience or to deceive or to mislead theaddressee or recipient about the origin of suchmessages,".line I,jor "two years", substitute "three years".for lines 3 to 5, substitute-'Explanation.-For the purposes of this section,terms "electronic mai l" and "electronic mailmessage" means a message or information createdor transmitted or received on a computer, computersystem, computer resource or communicationdevice including attachments in text, image, audio,video and any other electronic record, which maybe transmitted with the message.66B. Whoever, dishonestly receives or retains anystolen computer resource or communication deviceknowing or having reason to believe the same tobe s tolen computer resource or communicationdevice, shall be punished with imprisonment ofeither description for a term which may extend tothree years or with fine which may extend to rupeesone lakh or with both.66C. Whoever, fraudulently or dishonestly makeuse of the electronic signature, password or anyother unique identification feature of any otherperson, shall be punished with imprisonment ofeither description for a term which may extend tothree years and shall also be liable to fine whichmay extend to rupees one lakh.66D. Whoever, by means of any communicationdevice or computer resource cheats by personation,shall be punished with imprisonment of eitherdescription for a term which may extend to threeyears and shall also be liable to fine which mayextend to one lakh rupees.66,f:.Whoever, intentionally or knowingly captures,publishes or transmits the image of a private areaof any person without his or her consent, undercircumstances violating the privacy of thatpersons, shall be punished with imprisonment whichmay exte:id to three years or with fine not exceedingtwo lakh rupees, or with both.Explanation.-For the purposes of this section-(a) "transmit" means to electronically send a visualimage with the intent that it be viewed by a personor persons;

Clause No.31

3131


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S.No.

. Punishment forcyber terrorism.

5Name ofMember and text of Amendment(b) "capture", with respect to an image, means tovideotape, 'photograph, film or record by any means;(c) "private area" means the naked or undergarmentclad genitals, public area, buttocks or female breast;(d) "publishes" means reproduction in the printed orelectronic form andmaking itavailable for public;(e) "under circumstances violating privacy" meanscircumstances inwhich a personcanhave a reasonableexpectation that-

(i) he or she could disrobe in privacy, withoutbeing concerned that an imageof his private areawas being captured; or(ii) any part ofhis orher private areawouldnot bevisible to the public, regardless of whether thatperson is ina public or private place.

66F. (l) Whoever,- \(A) with intent to threa ten the unity, integrity,security or sovereignty of India or to strike terrorin the people or any section of the people by -(i) denying or cause the denial of access to any

person authorised to access computerresource; or

(it) attempting to penetrate or access a computerresource without authorisation or exceedingauthorised access; or

(iii) introducing or caus ing to int roduce anycomputer contaminant;and by means of such conduct causes or is likelyto cause death or injuries to persons or damage

to or destruction of property or disrupts orknowing that it is likely to cause damage ordisruption of supplies or services essential tothe life ofthe community or adversely affect thecritical information infrastructure specified undersection 70, or

(B) knowingly or intentionally penetrates or accessesa computer resource without authorisation orexcceding authorised access, andbymeansofsuchconduct obtains access to information, data orcomputer database that is restricted for reasons ofthe secunty of the State or foreign relations; or anyrestricted mformation, data or computer database,with reasons to believe that such information, dataor computer database so obtained may be used tocause or likely to cause injury to the interests ofthe soveretgnty and mtegnty ofIndia, the secuntyof the State, friendly relations with foreign States,

Clause No.


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S.No.6

Name ofMember and text of Amendment Clause No.

30.31.

Page 9,Page 9,Punishment forpublishing ortransmitting ofmaterialdepictingchildren insexually explicitact, etc. inelectronic form.

public order, decency or morality, or in relation tocontempt of court, defamation or incitement to anoffence, or to the advantage ofany foreign nation,group of individuals or otherwise,

commits the offence ofcyber t e r r o r i s m . ~(2) Whoever commits or conspires to commit cyberterrorism shall bepunishablewith imprisonmentwhichmay extend to imprisonment for life'..line 11.for "two years", subsititute "three years".for lines 22 to 28, substitute-'67 B.Whoever,-

(a) publishes or transmits or causes to bepubli shed or t ransmit ted material in anyelectronic formwhichdepicts childrenengagedin sexually explicit act or conduct; or

(b) creates text or digital images, collects, seeks,browses, downloads, advertises, promotes,exchanges or distributes material in anyelectronic form depicting children inobsceneor indecent or sexually explicit manner; or

(c) cultivates, entices or induces children to onlinerelationship with one or more children for andon sexually explicit act or ina manner thatmayoffend a reasonable adult on the computerresource; or

(d) facilitates abusing children online; or(e) records in any electronic form own abuse orthat of others pertaining to sexually explicit

act with children,shall be punishedon first convictionwith imprisonmentof either description for a term which may extend tofive years and with fine which may extend to ten lakhrupees and in the event of second or subsequentconviction with imprisonment of either description fora term which may extend to seven years and also withfine which may extend to ten lakh rupees:Provided that provisions of section 67, section 67Aand th is sec tion does not ext end to any book,pamphlet, paper , wri ting, drawing, painting,representation or figure inelectronic form-

(i) The publication of which is proved to bejustified as being for the public good on theground that such book, pamphlet, paperwriting drawing, painting, representation orfigure is in the interest of science, literature,art or learning or other objects of generalconcern; or

3131


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S.No.7


32. Page 9,

33.

Preservationand retention ofinformation byintermediaries.

Page 9,Power to issue-a.rectlons for ..:.Interception ormon\toring ordecryption ofany informationthrough anxcomputer"resource.------

(ii) which is kept or used for bonafide heritage orreligious purposes.

Explanation.- For the purposes o f this section"children" means a person who has not completedthe age o f 18 years.67 C. (I ) Intermediary shall preserve and retain suchinformation as may be specified for such durationand in such manner and format as the CentralGovernment may prescribed.(2 ) An y intermediary who internationally orknowingly contravenes th e provisions o f sub-section (I) shall be punished with an imprisonmentfor a term which may extend to three years and alsobe liable to fine.'.line 35, for "following section" Substitute"following sections".for lines 37 to 50, substitute-'''69. (I ) Where the Central Government or a S t Government or any o f its officer specially authorisedby the Central Government or the State Government,as the case maybe, inthis behalfmay, if satisfied thatIt IS necessary or expedient so to do inthe interest o fthe sovereignty or integrityof india, defence of India,secunt)f of the State, fi'iendl relations with foreisntates or public order or for preventing incitement to

the commiSSIOn o f any cognizable offence relating toabove or for Investigation of any offence, it maysubject to theprovisionsof sub-section 2 ,for reasonsto e recor e Inwnting, by order, direct any agenclo f the appropnate Government to intercept, monitoror decrypt or cause to be intercepted or monitored ordecrypted any information generated, transmlttea,received or stored Inany eoinputer resource.(2) The procedure and safeguards subject to whichsuch Interception or mOnitoringor decryption may becarried out, shall be such as may be prescribed.(3) The subscriber or intermediary or any personincharge of the computer resource shall, when called~ o by any agency referred to in sub-section (1),extend all facilities and technical assistance to -

(a) provide access to or secure access to thecomputer resource generating, transmitting,receiving or storing such information;or

(b) intercept, monitor, or decrypt th einformation, as the case may be; or

(c) provide information stored in computerresource.

33

33


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S.No.

Power to issuedirections forblocking forpublic access ofany informationthrough anycomputerresource.

Power to .authorize tomonitor andcollect trafficinformationthrough anycomputerresource forcy6er security.

8Name o fMember and text of Amendment(4) The subscriber or intermediary or any personwho falls to assist the agency referred to in subsection (3) snail be punished with imprisonmentfor a term which may extend to seven years andshall also be liable to fine..69A. (I ) Where the Central Government or any ofits officer specially authorised by it inthis behalf is.satisfied that it is necessary or expedient so to dointhe interest of soverei nt and inte ri ofIndia,e ence of India, security of the State, fr iendlyrelations with foreign States or pUblic order or forpreventing incitement to the commission of anycognizable offence relating to above, itmay subjectto the provisions of sub-section (2), for reasons to

~ recorded inwriting. by order, direct any agencyof the Government or intermediary to block roraccess by the publIc or cause to be blocked foraccess by the public any information generated,t ransmitted , received, s tored or hosted in an ycomputer resource.(2)The procedure and safeguards subject to whichsuch blockmg for access by the public may becamed out, shall be such as may be prescribed.(3) The intermediary who fails to comply with thedirection issued under sub-section ( I ) shall bepunished with an imprisonment for a term whichmay extend to seven years and also be liable toflOe.-9B. (I ) The Central Government may,to enhancecyber security and for identification, analysis andprevention of intrusion or spread o f computercontammant in the country, by notification in theOffiCial Gazette, authorise any agenc of theovernment to monitor and co lect traffic data or

("formation generated, transmitted, received orstored in any computer resource.(2) The intermediary or any person in-charge of thecomputer resource shall, when calJed upon by theagency which has been author ised under subsection (/), provide technical assistance and extendall facilities to such agency to enable online accessor to secure and provide online access to thec o mp ut e r r e so ur c e g e ne ra t in g, t ra n sm i tt in g,receiving or storing such traffic data or information.(3) The procedure and safeguards for monitoringand collecting traffic data or information, shall besuch as may be prescribed.(4) Any intermediary wh o intentionally orknowingly contravenes th e provisions o f

Clause No.

I

I

1j


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S.No.9

Name ofMember and text of Amendmentsub-section (2 ) shaH be punished with animprisonment for a term which may extend to threeyears and shall also be liable to fine.Explanation.-For the purposes of this section,-(i) "Computer contaminant" shall have the

meaning assigned to it in section 43;(ii) "Traffic data" means any data identifying or

purporting to identify any person, computersystem or computer network or location to orfrom which the communication is or may betransmitted and includes communicationsongin, destination, route, time, date, size,duration or type ofunderiying service and anyother information." .'

Clause No.

34. Page 1O,35. Page 1O,36. Page 1O,

Nationalnodal agency.

Indian ComputerEmergencyResponse Teamto serve asnational agencyfor incidentresponse.

omit lines I to 5. 33line 19,for "following section" substitute "following 35sections".for lines 21 to 33, substitute- 35'''70A. (1) The Central Government may, bynotification published inthe Official Gazette, designateany organisation of the Government as the nationalnodal agency in respect of Critical InformationInfrastructure Protection.(2) The national nodal agency designated under subsec tion (1) sha ll be responsible for all measuresincluding Research and Development relating toprotection ofCritical Information Infrastructure.(3) The manner ofperforming functions and duties ofthe agency referred to in sub-section (I ) shall be suchas may be prescribed.70B. (1) The Central Governmentshal1, b y n o t i f i c a t i o ~in the 07i 'icial Gazet te , appoint an agency of theGovernment to be cal led the Ind ian ComputerEmergency Response Team.(2) The Central Government shall provide the agencyreferred to in sub-section (1) with a Director Generaland such other officer and employees as may beprescribed.(3) The salary and al lowances and terms andconditions of the Director General and other officersand employees shall be such as may be prescribed.(4) The Indian Computer EmergencyResponse Teamshall serve as the national agency for performing thefOllOWing functions in the areaof cyber security,-

(a) col lect ion, analysis and dissemination ofinformation on cyber incidents;


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S.No.10


37. Page 10,38. Page 10,39. Page 11,

Compoundingof offences.

(b) !orecast and alerts ofcyber security incidents;(c) emergency measures for handling cyber

security incidents;(d) cooordination of cyber incidents response'activities;(e) issue guidelines, advisories, vulnerability

notes and whitepapers relating to informationsecurIty practices, procedures, prevention,response and reporting of cyber incidents;

(f) such other functions relating to cyber securityasmay be prescribed.

(5) The mannerofperforming functions and duties ofthe agency referred to in sub-section (I ) shall be suchas may be prescribed.(6) For carrying out the provisions of sub-section (4),the agency referred to in sub-section (I ) may call forinformationandgive direction to the service providers,intermediaries, data centres, body corporate, and anyother person.(7)Anyservice provider, intermediaries, data centres,body corporate or person who fails to provide theinformation called for or comply with the directionunder sub-section (6), shall be punishable withimprisonment for a termwhich may exend to one yearor with fine which may extend to one lakh rupees orwith both.(8)No court shall take cognizance ofanyoffence underthis section, except on a complaint made by an officerauthorised in this behalfby the agency referred to insub-section (I).".'line 42,for "two years", substitute "Three years".line 44,for "sections 77 and 78" substitute "section 77".for lines 4 to 12, substitute-"77A.Acourtofcompetentjurisdictionmaycompoundoffences, o ther than offences for which thepunishment for life or imprisonment for a termexceeding three years has been provided, under thisAct:Provided that the court shall not compound suchoffence where the accused is, by reason ofhis previousconviction, liable to either enhanced punishment or toa punishment ofa different kind:Provided further that the court shall not compoundany offence where such offence affects the socioeconomic conditions of the country or has beencommitted against a child below the age of18years orawoman.

363737


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11S.No. Name ofMember and text of Amendment Clause No.

(2) The person accused of an offence under this Actmay file an application for compounding in the courtinwhich offence ispending for trial and the provisionsof section 265B and 265C of the Code of CriminalProcedure, 1973 shalI apply.

Offences with 77B. (1) Notwithstanding anything contained inthree years Criminal ProcedureCode, 1973, the offencepunishable 20f1974.imprisonment with imprisonment of three years and above shalI beto be bailable. cogni za bl e and the of fence puni sh ab le w ithimprisonment of three years shalI be bailabIe.".

40. Page 11, omit lines 13to 23. 3741. Page 11, after line 23, insert,- 37A(New)

Amendment "37A. In section 78ofthe principal Act, for the wordsof section 78. "Deputy Superintendent of Pol ice" t he word"Inspector" shall be substituted.".

42. Page 11, line 28, omit "other". 3843. Page 11, line 31, after "available", insert "or hosted". 3844. Page 11, line 35, after "stored", insert "or hosted". 3845. Page 11, after line 39, insert- 38

"(c) the intermediary observes due diligence whiledischarging his duties under thisAct and also observessuch other guidelines as the Central Government mayprescribe in this behalf'.

46. Page 11, line 41, after "abetted", insert "or aided or induced, 38whether by'threats or promise or otherwise, ".47. Page 12, omit lines 3 and 4. 3848. Page 12, for line18, substitute- 39

Amendment "39. In section 80 of the principal Act, in sub-sectionof section 80. (I), for the words "Deputy Superintendent ofPolice",the word "Inspector" shalI be substituted.".

49. Page 13, after line 20, insert- 44'(iiia) in clause (f), for the words "and Ass istantControlIers", the words, "Assistant ControlIers, otherofficers and employees" shalI be substituted.'.

50. Page 13, after line 35, insert- 44"(wa) the information, duration, manner and form ofsuch information to be retained and preserved undersection 67 C;".

51. Page 13, for lines 36 and 37, substitute- 44"(x) the procedures and safeguards for interception,monitoring, or decryption under sub-section '(2) ofsection 69;(xa) the procedure and safeguards for blocking foraccess by the public under sub-section (2) of section69A;


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12S. No. Name ofMember and text of Amendment Clause No.

(xb) the procedure and safeguards for monitor ingand collecting traffic data or information under sub-section (3) of section 69B;".

52. Page 13, after line 39, insert- 44"(ya) manner of performing functions and dutiesof the agency under sub-section (3) ofsection 70A;(yb) the officers and employees under sub-section(2) of section 70B;(yc) salaries and allowances and terms andconditions of service of the Director General andother officers and employees under sub-section (3)of section 70B;(yd) the manner in which the functions and dut iesof agency shall be per formed under sub-section(5) of section 70B;".53. Page 13, lines 40 and 41 ,for "sub-section (4)", substitute "sub- 44section (2) ".

54. Page 13, for line 46, substitute- 44"everyrule made by it", the words "Every notificationmade by the Central Government under sub-section(I ) of section 70A and every rule made by it" '.

55. Page 14, for lines 1 to 3, substitute- 45Amendment "45. In section 90 of the principal Act, in sub -of section 90. section (2), clause (c) shall be omitted.".

56. Page 15, omit lines 20 to 32. 4957. Page 15, omit lines 35 to 45. 4958. Page 16, omit lines 1to 13. 49

NEW DELHI;December 16,2008Agrahayana 25, 1930 (Saka)

GMGIPMRND-4423LS (S-5}-16-12-2008.

P.D.T.ACHARY,Secretary-General.

it amendment act 2008

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