Directions of the Controller

In one line

The Controller may order a Certifying Authority or any of its employees to take measures or to stop an activity where that is necessary to secure compliance with the Act, and an intentional or knowing failure to obey is now a penalty of up to twenty five lakh rupees.

In the wording a student can write in an exam: section 68(1) of the Information Technology Act, 2000 provides that the Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order, if those are necessary to ensure compliance with the provisions of the Act, rules or regulations made thereunder.

Why the power is there

Licensing without a power to direct is licensing with two speeds only. Chapter VI lets the Controller grant a licence and revoke it. Section 68 gives him something in between: an order to do a thing or to stop doing it.

And it reaches the employee, not only the Authority. The order may be addressed to "any employee of such Authority", which is the only place in the Act where the regulator can command an individual inside a regulated body.

The provision itself

Sub-section (1). The Controller may, by order, direct a Certifying Authority or any employee of such Authority:

• to take such measures as specified in the order; or
• to cease carrying on such activities as specified in the order,

if those are necessary to ensure compliance with the provisions of the Act, rules or any regulations made under it.

Sub-section (2), as it now stands. Any person who intentionally or knowingly fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable to penalty which may extend to twenty five lakh rupees.

Sub-section (2), as India Code still prints it. "…shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both."

Which is right. The amended text. Item (G) of the Jan Vishwas schedule substituted the quoted words with effect from 30 November 2023, and the same amending Act made the identical change to section 33(2), where the print does show the new wording. A candidate should state the amended provision and may add that the consolidated print has not caught up.

Broken down

Only the Controller may make the order. Not a Deputy or Assistant Controller in his own right, although section 27 lets the Controller authorise them in writing to exercise his powers under Chapter VI.

The order must be necessary for compliance. The power is not general. It is tied to securing compliance with the Act, rules or regulations, so an order about something else is outside the section.