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Luther Gulick and Lyndall Urwick(Administrative Thinker)

Posted by Unknown Tuesday, 8 October 2013 0 comments

Luther Gulick and Lyndall Urwick


In Brief

The contribution of Gulick and Urwick to the administrative theory are summarized below :
  • Luther Gulick, an acknowledged founder of administrative thought, and Lyndall Urwick, an outstanding management consultant with their rich experience in civil and military administration made contribution to the synthesis of classical administrative theory.
  • The papers on the Science of Administration, edited by them, is considered a landmark in the development of the science of administration. In their view the process of development in engineering science, which is based on empirical observations and analysis, is equally applicable to the development of science of administration.
  • Gulick and Urwick emphasised the importanceof structure in administration. They considered structure as a designing process and devoted their attention to the discovery of principles based on which the structure may be designed. They considered principles as a framework of thought and arrangements of ideas to help in the development of science of administration.
  • Gulick discussed in detail the executive functions and coined POSDCORB By incorporating the first letters of all the functions of the executive. The acronym, though not comphrensive, helps in understanding and analysing the functions of the executive.
  • Gulick considered division of work as the basis of organization. His theory of departmentalization addresses the basis of division of work for the creation of departments. The four basis of departmentalization viz., purpose, process, persons and place, popularly known as the "4Ps", are extensively used in the creation of departments/units in organizations. Gulick and Urwick in their writings in detail the application of many other principles like single executive, staff principles, delegation, span of control, etc.
  • Gulick, in his later writings focused on human factors in administration. Based on his fifty years of analysis, Gulick observes:"after all governments are constituted of human beings, are run by human beings and have as their main job, helping, contributing and serving human beings". He considered the human being as the dynamic factor intrinsic in the study of administration.
  • Gulick also emphasised time as the crucial factor in the organizations. He identified five aspects of time, viz., time as input, time as an output, time as the flow of events and time as a gap between two or more significant events or processes and finally timing as a management policy. He consisders time factor as critical in public administration.
  • The principles of organization of Gulick and Urwick were criticised for their contradictions and inadequacy to answer practical organizational questions and also for their neglect of role of human element in organizational processes. In his later writings Gulick emphasised the role of human beings in organizations; and 
  • There can not be any serious of the science of administration without reference to the principles of organization. Understanding and theorising the dynamic nature of application of these principles in different administrative situations is the major challenge of administrative studies today.


MAX WEBER(Administrative Thinkers)

Posted by Unknown Monday, 7 October 2013 0 comments
MAX WEBER



In brief
Weber’s contribution to the study of bureaucracy can be summarized as :

·                Max Weber, a broad-based scholar with academic interest spanning economic, history, politics, religion and society made a significant contribution to the analysis and  understanding of bureaucracy. Today, there cannot be any study or discussion on bureaucracy without reference to Max Weber.
·           
           Weber defined administration as exercise as authority and identified different forms of legitimacy viz., traditional, charismatic and legal and analyzed the nature of exercise of authority in ideal-type authority.

·                Weber considered legal authority as rational and called it legal-rational. He considered bureaucracy, the institutional form of legal-rational authority, as the most appropriate to modern governments.

·              He described in detail the characteristics of legal ration bureaucracy which is popularly known as Weberian Model of  bureaucracy.

·             Weber laid stress on legitimacy of legal-rational authority which is based on impersonal orders, rules, sphere of competence, hierarchy, written documents, technically qualified people and separation of personal and public ends.

·             Weberian model of bureaucracy attracted criticism mainly on three grounds i.e. rationality, suitability of model to different places and changing times, and its ability to attain maximum efficiency.

·              The core of criticism is on its emphasis on structure and neglect of human behavior. The model is described by some as a structural approach to organizations.

·                The webwrian model has both positive and negative features. In assessing Weberian ideal type, the historical context of Germany of his time should be kept in mind.


·               The Weberian model continues to be the framework for the analysis, criticism and for improvements in bureaucracy. That is the immortality of the model. 



FREDERICK TAYLOR(Administrative Thinker)

Posted by Unknown Friday, 4 October 2013 0 comments

FREDERICK TAYLOR



In Brief,

Frederick Taylor's contribution to a management and administration can be summarized as :

  • Frederick Winslow Taylor, a mechanical engineer by training, was regarded as the "Father of Scientific Management" for pioneering work in the study of human being at work;
  • Based on extensive studies of industrial work situation, Taylor identified defects in management and proposed a philosophy of management  for industrial efficiency, which was subsequently labelled as "Scientific Management" by Louis Brandies;
  • Taylor's Philosophy of scientific management is that there is no inherent conflict in the interests of employee, workers and consumers. Based on this philosophy he developed four principles of scientific management viz., a) development of true science of work; b) scientific selection of work; c) scientific education and development of workers; and d) intimate and friendly cooperation between the management and the men;
  • Taylor developed many management techniques like functional foremanship; time and motion study; piece-rate system; standardization of tools; the exception principles; the differential rate system, etc., as application tools of scientific management. The tools, Taylor felt, will help in identifying "one best way of doing things";
  • The essence of scientific management, according to Taylor, is mental revoloution i.e. change of attitude on the part of workers and management towords their work and their relationships;
  • Both trade unions and managers of the day were very critical of scientific management, through for different reasons. The trade union consisdered the scientific management as anti-labour and anti-trade union, focusing on mechanical aspects of work ignoring the human aspects. The labour organizations protested the "dehumanising" aspect of Taylorism;
  • The manager did not appreciate the criticism of rule-of-thumb methds and prescription of technical training to managers to increase efficiency and effectiveness in organizations;
  • Taylor's principles and prescriptions were criticised by latter writers for their failure to understand the anatomy of work. Simon and March characterized scientific management as the "psychological organization theory";
  • Taylor's work, in spite of limitationsand criticisms, greatly influenced the study and practices of industrial administration in the modern world. Taylor's heritage is visible in many modern management techniques like operation research, method study, Time study, etc. Taylor should be given due credit for laying foundation for the systematic study of work and worker.  

Henry Feyol(Administrative Thinker)

Posted by Unknown Wednesday, 2 October 2013 0 comments

Henry Feyol




Henri Fayol's contribution to the theory of oublic administration is as follows :

  • Henri Fayol, a successful executive of a mining of company in France, made significant contribution to the management concepts and is considered as the founder of "Management Process School".
  • He considered management as a science which can be developed, studied and applied equally well to public and private affairs.
  • He emphasised the university of management processes and made a distinction between management and public administration.
  • He identified five elements of organization viz., planning, organization, command, coordination and control.
  • Fayol derived fourteen principles of administration which are capable of adoption to various enterprises and settings. He emphasised the importance of training in administration.
  • Although Fayol places great emphasis on formal organization, he is alive to the limitations of the hierarchy and formalism. Therefore, he suggested Gangplank - "level jumping" - in hierarchical organization.
  • A comparison of contributors of Henri Fayol, a French Manager and F.W.Taylor, an American engineer is useful to understand the complementarity of their contributions and the differences in their approach and focus. Taylor focused mainly on the management principles to be directly applied to the field of production and Fayol mainly focused on the development of general theory of administration to be applied at the top management level.
  • Fayol's theory of functionalism is criticised for its narrow focus, mechanical approach and neglect of complex factors affecting human behaviour in organizations.
  • Fayol's framework of systematic analysis of administrative process stimulated subsequent writers on administration and management. His principles of administration, in variant form, are applied in the working of modern organizations.

Woodrow Wilson (Administrative Thinker)

Posted by Unknown Thursday, 19 September 2013 0 comments
Woodrow Wilson




Woodrow Wilson’s contribution to the field of public administration may be summarized as :


§  Wilson laid the intellectual roots for the emergence of public administration as a field/subject of enquiry through his essay “ The Study of Administration” in 1887.
§  “ The Study of Administration” traced the history of administration as a new development political science, presented the value of the study and indicated the methods by means which it ought to be carried.
§  “ The Study of Administration” was the result of Wilson’s search to find answers to the political abuses of the spoil system and finding ways of assimilation of European administrative systems into  American democratic politics.
§  He emphasized  the importance study of administration in the context of increasing complexity in society, increasing role of state and democratic nature of governments.
§  Wilson considered administration eminently a science and pleaded for the development of clear concepts of good administration.
§  He examined the relationship between politics and administration and considered them as separate activities at one level and interdependent at another. This vagueness lead to different interpretations of his views on politics and administration relationships.
§  He focused on the implementation aspects of the government and advocated the need for technically competent civil service based on merit.
§  Wilson emphasized the importance of comparative method, particularly learning from others about the ways of doing things without learning without learning their motives and ends; and

§  “ The Study of Administration” was too general, too broad and too vogue, as Wilson himself put it. It gave scope for different interpretations of Wilson’s views and also assessment of his contribution to the study of public administration. Looking in a historical context when the political debate was mainly on “who” should make laws and “what” the laws should be, his focus on “how” law should be ‘administered’ is a seminal contribution.



Profit and Loss Formulae

Posted by Unknown Sunday, 8 September 2013 0 comments

Profit and Loss Formulae 



Probability – Sample space for two dice (outcomes)

Posted by Unknown Wednesday, 4 September 2013 0 comments
Probability – Sample space for two dice (outcomes):
Probability for Rolling Two Dice
Note:
(i) The outcomes (1, 1), (2, 2), (3, 3), (4, 4), (5, 5) and (6, 6) are called doublets.
(ii) The pair (1, 2) and (2, 1) are different outcomes.

Worked-out problems involving probability for rolling two dice:
1. Two dice are rolled. Let A, B, C be the events of getting a sum of 2, a sum of 3 and a sum of 4 respectively. Then, show that
(i) A is a simple event
(ii) B and C are compound events
(iii) A and B are mutually exclusive
Solution: 
Clearly, we have
A = {(1, 1)}, B = {(1, 2), (2, 1)} and C = {(1, 3), (3, 1), (2, 2)}.
(i) Since A consists of a single sample point, it is a simple event.
(ii) Since both B and C contain more than one sample point, each one of them is a compound event.
(iii) Since A ∩ B = ∅, A and B are mutually exclusive.
2. Two dice are rolled. A is the event that the sum of the numbers shown on the two dice is 5, and B is the event that at least one of the dice shows up a 3.
Are the two events (i) mutually exclusive, (ii) exhaustive? Give arguments in support of your answer.
Solution: 
When two dice are rolled, we have n(S) = (6 × 6) = 36.
Now, A = {(1, 4), (2, 3), (4, 1), (3, 2)}, and
B = {(3, 1), (3, 2), (3, 3), (3, 4), (3, 5), (3, 6), (1,3), (2, 3), (4, 3), (5, 3), (6, 3)}
(i) A ∩ B = {(2, 3), (3, 2)} ≠ ∅.
Hence, A and B are not mutually exclusive.
(ii) Also, A ∪ B ≠ S.
Therefore, A and B are not exhaustive events.

More examples related to the questions on the probabilities for throwing two dice.
3. Two dice are thrown simultaneously. Find the probability of:
(i) getting six as a product
(ii) getting sum ≤ 3
(iii) getting sum ≤ 10
(iv) getting a doublet
(v) getting a sum of 8
(vi) getting sum divisible by 5
(vii) getting sum of atleast 11
(viii) getting a multiple of 3 as the sum
(ix) getting a total of atleast 10
(x) getting an even number as the sum
(xi) getting a prime number as the sum
(xii) getting a doublet of even numbers
(xiii) getting a multiple of 2 on one die and a multiple of 3 on the other die
Solution: 
Two different dice are thrown simultaneously being number 1, 2, 3, 4, 5 and 6 on their faces. We know that in a single thrown of two different dice, the total number of possible outcomes is (6 × 6) = 36.
(i) getting six as a product:
Let E1 = event of getting six as a product. The number whose product is six will be E1= [(1, 6), (2, 3), (3, 2), (6, 1)] = 4
Therefore, probability of getting ‘six as a product’
               Number of favorable outcomes
P(E1) =     Total number of possible outcome 

      = 4/36
      = 1/9

(ii) getting sum ≤ 3:
Let E2 = event of getting sum ≤ 3. The number whose sum ≤ 3 will be E2 = [(1, 1), (1, 2), (2, 1)] = 3
Therefore, probability of getting ‘sum ≤ 3’
               Number of favorable outcomes
P(E2) =     Total number of possible outcome 

      = 3/36
      = 1/12

(iii) getting sum ≤ 10:
Let E3 = event of getting sum ≤ 10. The number whose sum ≤ 10 will be E3 =
[(1, 1), (1, 2), (1, 3), (1, 4), (1, 5), (1, 6),
(2, 1), (2, 2), (2, 3), (2, 4), (2, 5), (2, 6),
(3, 1), (3, 2), (3, 3), (3, 4), (3, 5), (3, 6),
(4, 1), (4, 2), (4, 3), (4, 4), (4, 5), (4, 6)
(5, 1), (5, 2), (5, 3), (5, 4), (5, 5),
(6, 1), (6, 2), (6, 3), (6, 4)] = 33
Therefore, probability of getting ‘sum ≤ 10’
               Number of favorable outcomes
P(E3) =     Total number of possible outcome 

      = 33/36
      = 11/12

(iv) getting a doublet: Let E4 = event of getting a doublet. The number which doublet will be E4 = [(1, 1), (2, 2), (3, 3), (4, 4), (5, 5), (6, 6)] = 6
Therefore, probability of getting ‘a doublet’
               Number of favorable outcomes
P(E4) =     Total number of possible outcome 

      = 6/36
      = 1/6

(v) getting a sum of 8:
Let E5 = event of getting a sum of 8. The number which is a sum of 8 will be E5 = [(2, 6), (3, 5), (4, 4), (5, 3), (6, 2)] = 5
Therefore, probability of getting ‘a sum of 8’
               Number of favorable outcomes
P(E5) =     Total number of possible outcome 

      = 5/36

(vi) getting sum divisible by 5:
Let E6 = event of getting sum divisible by 5. The number whose sum divisible by 5 will be E6 = [(1, 4), (2, 3), (3, 2), (4, 1), (4, 6), (5, 5), (6, 4)] = 7
Therefore, probability of getting ‘sum divisible by 5’
               Number of favorable outcomes
P(E6) =     Total number of possible outcome 

      = 7/36

(vii) getting sum of atleast 11:
Let E7 = event of getting sum of atleast 11. The events of the sum of atleast 11 will be E7 = [(5, 6), (6, 5), (6, 6)] = 3
Therefore, probability of getting ‘sum of atleast 11’
               Number of favorable outcomes
P(E7) =     Total number of possible outcome 

      = 3/36
      = 1/12

(viii) getting a multiple of 3 as the sum:
Let E8 = event of getting a multiple of 3 as the sum. The events of a multiple of 3 as the sum will be E8 = [(1, 2), (1, 5), (2, 1), (2, 4), (3, 3), (3, 6), (4, 2), (4, 5), (5, 1), (5, 4), (6, 3) (6, 6)] = 12
Therefore, probability of getting ‘a multiple of 3 as the sum’
               Number of favorable outcomes
P(E8) =     Total number of possible outcome 

      = 12/36
      = 1/3

(ix) getting a total of atleast 10:
Let E9 = event of getting a total of atleast 10. The events of a total of atleast 10 will be E9 = [(4, 6), (5, 5), (5, 6), (6, 4), (6, 5), (6, 6)] = 6
Therefore, probability of getting ‘a total of atleast 10’
               Number of favorable outcomes
P(E9) =     Total number of possible outcome 

      = 6/36
      = 1/6

(x) getting an even number as the sum:
Let E10 = event of getting an even number as the sum. The events of an even number as the sum will be E10 = [(1, 1), (1, 3), (1, 5), (2, 2), (2, 4), (2, 6), (3, 3), (3, 1), (3, 5), (4, 4), (4, 2), (4, 6), (5, 1), (5, 3), (5, 5), (6, 2), (6, 4), (6, 6)] = 18
Therefore, probability of getting ‘an even number as the sum
               Number of favorable outcomes
P(E10) =     Total number of possible outcome 

      = 18/36
      = 1/2

(xi) getting a prime number as the sum:
Let E11 = event of getting a prime number as the sum. The events of a prime number as the sum will be E11 = [(1, 1), (1, 2), (1, 4), (1, 6), (2, 1), (2, 3), (2, 5), (3, 2), (3, 4), (4, 1), (4, 3), (5, 2), (5, 6), (6, 1), (6, 5)] = 15
Therefore, probability of getting ‘a prime number as the sum’
               Number of favorable outcomes
P(E11) =     Total number of possible outcome 

      = 15/36
      = 5/12

(xii) getting a doublet of even numbers:
Let E12 = event of getting a doublet of even numbers. The events of a doublet of even numbers will be E12 = [(2, 2), (4, 4), (6, 6)] = 3
Therefore, probability of getting ‘a doublet of even numbers’
               Number of favorable outcomes
P(E12) =     Total number of possible outcome 

      = 3/36
      = 1/12


(xiii) getting a multiple of 2 on one die and a multiple of 3 on the other die:
Let E13 = event of getting a multiple of 2 on one die and a multiple of 3 on the other die. The events of a multiple of 2 on one die and a multiple of 3 on the other die will be E13 = [(2, 3), (2, 6), (3, 2), (3, 4), (3, 6), (4, 3), (4, 6), (6, 2), (6, 3), (6, 4), (6, 6)] = 11
Therefore, probability of getting ‘a multiple of 2 on one die and a multiple of 3 on the other die’
               Number of favorable outcomes
P(E13) =     Total number of possible outcome 

      = 11/36


4. Two dice are thrown. Find (i) the odds in favour of getting the sum 5, and (ii) the odds against getting the sum 6.
Solution:
We know that in a single thrown of two die, the total number of possible outcomes is (6 × 6) = 36.
Let S be the sample space. Then, n(S) = 36.
(i) the odds in favour of getting the sum 5:
Let E1 be the event of getting the sum 5. Then,
E1 = {(1, 4), (2, 3), (3, 2), (4, 1)} 
⇒ P(E1) = 4
Therefore, P(E1) = n(E1)/n(S) = 4/36 = 1/9
⇒ odds in favour of E1 = P(E1)/[1 – P(E1)] = (1/9)/(1 – 1/9) = 1/8.

(ii) the odds against getting the sum 6:
Let E2 be the event of getting the sum 6. Then,
E2 = {(1, 5), (2, 4), (3, 3), (4, 2), (5, 1)} 
⇒ P(E2) = 5
Therefore, P(E2) = n(E2)/n(S) = 5/36 
⇒ odds against E2 = [1 – P(E2)]/P(E2) = (1 – 5/36)/(5/36) = 31/5.

These examples will help us to solve different types of problems based on probability for rolling two dice.

REGULATION CERTIFYING AUTHORITIES

Posted by Unknown Wednesday, 28 August 2013 0 comments
REGULATION CERTIFYING AUTHORITIES

1. Appointment of Controller and other officers

(1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purpose of this Act and may also by the same or subsequent notification appoint such of Deputy Controllers and Assistant Controllers as it deems fit.

(2) The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government.

(3) The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by the Controller under the general superintendence and control of the Controller.

(4) The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers and Assistant Controllers shall be such as may be prescribed by the Central Government.

(5) The Head Office and Branch Office of the office of the Controller shall be at such places as the Central Government may specify, and these may be established at such places as the Central Government may think fit.

(6) There shall be a seal of the Office of the Controller.

2. Functions of Controller

The Controller may perform all or any of the following functions, namely:-
(a) exercising supervision over the activities of the Certifying functions, namely :-

(b) certifying public keys of the Certifying Authorities;

(c) laying down the standards to be maintained by the Certifying Authorities;

(d) specifying the qualifications and experience which employees of the Certifying Authority should possess;

(e) specifying the conditions subject to which the Certifying Authorities shall conduct their business;

(f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a Digital Signature Certificate and the public key;

(g) specifying the form and content of a Digital Signature Certificate and the key;

(h) specifying the form and manner in which accounts shall be maintained by the Certifying Authorities;

(i) specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them;

(j) facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems;

(k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers;

(l) resolving any conflict of interests between the Certifying Authorities and the subscribers;

(m) laying down the duties of the Certifying Authorities;

(n) maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.

3. Recognition of foreign Certifying Authorities

(1) Subject to such conditions and restrictions as may be specified by regulations, the Controller may with the previous approval of the Central Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a Certifying Authority for the purpose of this Act.

(2) Where any Certifying Authority is recognised under sub-section (1), the Digital Signature Certificate issued by such Certifying Authority shall be valid for the purposes of this Act.

(3) The Controller may, if he is satisfied that the Certifying Authority has contravened any of the conditions and restrictions subject to which it was granted recognition under sub-section (1) he may, for reasons to be recorded in writing in the Official Gazette, revoke such recognition.
4. Controller to act as repository
(1) The Controller shall be the repository of all Digital Signature Certificates issued under this Act.

(2) The Controller shall-

(a) make use of hardware, software and procedures that are secure from intrusion and misuse;

(b) observe such other standards as may be prescribed by the Central Government, to ensure that the secrecy and security of the digital signatures are assured.

(3) The Controller shall maintain a computerised data base of all public keys in such a manner that such data base and the public keys are available to any member of the public.
5. Licence to issue Digital Signature Certificates

(1) Subject to the provisions of sub-section (2), any person may make an application, to the Controller, for a licence to issue Digital Signature Certificates.

(2) No licence shall be issued under sub-section (1), unless the applicant fulfills such requirements with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities, which are necessary to issue Digital signature Certificates as may be prescribed by the Central Government.

(3) A licence granted under this sections shall-

(a) be valid for such period as may be prescribed by the Central Government;

(b) not be transferable or heritable;

(c) be subject to such terms and conditions as may be specified by the regulations.

6. Application for licence

(1) Every application for issue of a licence shall be in such form as may be prescribed by the Central Government.

(2) Every application for issue of a licence shall be accompanied by-

(a) a certification practice statement;

(b) a statement including the procedures with respect to identification of the applicant;

(c) payment of such fees, not exceeding twenty-five thousand rupees as may be prescribed by the Central Government;

(d) such other documents, as may be prescribed by the Central Government.

7. Renewal of licence

An application for renewal of a licence shall be-

(a) in such form;

(b) accompanied by such fees, not exceeding five thousand rupees, as may be prescribed by the Central Government and shall be made not less than forty-five days before the date of expiry of the period of validity of the licence.
8. Procedure for grant or rejection of licence

The Controller may, on receipt of an application under sub-section (1) of section 21, after considering the documents accompanying the application and such other factors, as he deems fit, grant the licence or reject the application: Provided that no application shall be rejected under this section unless the applicant has been given a reasonable opportunity of presenting his case.

9. Suspension of licence

(1) The Controller may, if he is satisfied after making such inquiry, as he may think fit, that a Certifying Authority has,-

(a) made a statement in, or in relation to, the application for the issue or renewal of the licence, which is incorrect or false in material particulars;

(b) failed to comply with the terms and conditions subject to which the licence was granted;

(c) failed to maintain the standards specified under clause (b) of sub-section
(2) of section 20;

(d) contravened any provisions of this Act, rule, regulation or order made thereunder, revoke the licence :
Provided that no licence shall be revoked unless the Certifying Authority has been given a reasonable opportunity of showing cause against the proposed revocation.

(2) The Controller may, if he has reasonable cause to believe that there is any ground for revoking a licence under sub-section (1), by order suspend such licence pending the completion of any inquiry ordered by him : Provided that no licence shall be suspended for a period exceeding ten days unless the Certifying Authority has been given a reasonable opportunity of showing cause against the proposed suspension.

(3) No certifying Authority whose licence has been suspended shall issue any Digital Signature Certificate during such suspension.
10. Notice of suspension or revocation of licence
(1) Where the licence of the Certifying Authority is suspended or revoked, the Controller shall publish notice of such suspension or revocation, as the case may be, in the data base maintained by him.

(2) Where one or more repositories are specified, the Controller shall publish notices of such suspension or revocation, as the case may be, in all such repositories: Provided that the data base containing the notice of such suspension or revocation, as the case may be, shall be made available through a web site shall be accessible round the clock : Provided further that the Controller may, if he considers necessary, publicise the contents of data base in such electronic or other media, as he may consider appropriate.
11. Power to delegate

The Controller may, in writing, authorise the Deputy Controller, Assistant Controller or any officer to exercise any of the powers of the Controller under this Chapter.

12. Power to investigate contraventions
(1) The Controller or any officer authorised by him in this behalf shall take up for investigation any contravention of the provisions of this Act, rules or regulations made thereunder.

(2) The Controller or any officer authorised by him in this behalf shall exercise the like powers which are conferred on Income-tax authorities under Chapter XIII of the Income-tax Act, 1961 and shall exercise such powers, subject to such limitation laid down under that Act.
13. Access to computers and data
(1) Without prejudice to the provisions of sub-section (1) of section 69, the Controller or any person authorised by him shall, if he has reasonable cause to suspect that nay contravention of the provisions of this Act, rules or regulations made thereunder has been committed, have access to any computer system, any apparatus, data or any other material connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system.

(2) For the purpose of sub-section (1), the Controller or any person authorised by him may, by order, direct any person incharge of, or otherwise concerned with the operation of, the computer system, data apparatus or material, to provide him with such reasonable technical and other assistance as he may consider necessary.
14. Certifying Authority to follow certain procedures

Every Certifying Authority shall,-
(a) make use of hardware, software and procedures that are secure from intrusion and misuse;

(b) provide a reasonable level of reliability in its services which are reasonably suited to the performance of intended functions;

(c) adhere to security procedures to ensure that the secrecy and privacy of the digital signatures are assured; and

(d) observe such other standards as may be specified by regulations.
15. Certifying Authority to ensure compliance of the Act, etc.

Every Certifying Authority shall ensure that every person employed or otherwise engaged by it complies, in the course of his employment or engagement, with the provisions of this Act, rules, regulations and orders made thereunder.

16. Display of licence

Every Certifying Authority shall display its licence at a conspicuous place of the premises in which it carries on its business.

17. Surrender of licence
(1) Every Certifying Authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the Controller.

(2) Where any Certifying Authority fails to surrender a licence under sub-section (1), the person in whose favour a licence is issued, shall be guilty of an offence and shall be punished with imprisonment which may extend up to six months or a fine which may extend up to ten thousand rupees or with both.
18. Disclosure
(1) Every Certifying Authority shall disclose in the manner specified by regulations-

(a) its Digital Signature Certificate which contains the public key corresponding to the private key used by that Certifying Authority to digitally sign another Digital Signature Certificate;

(b) any certification practice statement relevant thereto;

(c) notice of the revocation or suspension of its Certifying Authority certificate, if any; and

(d) any other fact that materially and adversely affects either the reliability of a Digital Signature Certificate, which that Authority has issued, or the Authority's ability to perform its services.

(2) Where in the opinion of the Certifying Authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a Digital Signature Certificate was granted, then, the Certifying Authority shall-

(a) use reasonable efforts to notify any person who is likely to be affected by that occurrence; or


(b) act in accordance with the procedure specified in its certification practice statement to deal with such event or situation.

Cyber Laws

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CYBER LAWS
With the advent of Computers as a basic tool of Communication, Information Processing, Information Storage, Physical Devices Control, etc., a whole new Cyber Society has come into existence. This Cyber society operates on a virtual world created by Technology and it is the “Cyber Space Engineering” that drives this world. In maintaining harmony and co-existence of people in this Cyber Space, there is a need for a legal regime which is what we recognize as “Cyber laws”.  Cyber Laws are the basic laws of a Society and hence have implications on every aspect of the Cyber Society such as Governance, Business, Crimes, Entertainment, Information Delivery, Education etc. 
WHY THE NEED FOR CYBER LAW?
•  Coming of the Internet.
•  Greatest cultural, economic, political and social transformation in the history of human
    society.
•  Complex legal issues arising leading to the development of cyber law.
•  Different approaches for controlling, regulating and facilitating electronic communication
    and commerce.
CATEGORIES OF CYBER LAWS
•  Laws Relating to Digital Contracts
•  Laws Relating to Digital Property
•  Laws Relating to Digital Rights
•  Law of Cyber Crimes



•  Aims to provide the legal infrastructure for e-commerce in India.
•  India 's codified Cyber law is the Information Technology Act, 2000 (Act 21 of 2000).
•  Based on the INCITRAL Model Law on Electronic Commerce, 1996.
•  IT Act is divided into 13 chapters and has 94 sections.
•  Amendments to IPC, Indian Evidence Act, Bankers Book Evidence Act and RBI Act have
    been effected.



The Act provides for:
•  Legal Recognition of Electronic Documents
•  Legal recognition of Electronic commerce Transactions
•  Admissibility of Electronic data/evidence in a Court of Law
•  Legal Acceptance of digital signatures
•  Punishment for Cyber obscenity and crimes
•  Establishment of Cyber regulations advisory Committee and the Cyber Regulations
    Appellate Tribunal.
•  Facilitation of electronic filing maintenance of electronic records.
THE IT ACT, 2000 – OBJECTIVES
•  To provide legal recognition for transactions:-
•  Carried out by means of electronic data interchange, and
•  Other means of electronic communication, commonly referred to as "electronic commerce",
   involving the     use of alternatives to paper-based methods of communication and storage
   of information,
•  To facilitate electronic filing of documents with the Government agencies
•  To amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's Book
    Evidence Act, 1891     and the Reserve Bank of India Act, 1934
•  Aims to provide for the legal framework so that legal sanctity is accorded to all electronic
    records and     other activities carried out by electronic means. 
According to the Indian IT Act, 2000 the various Cyber offences are:
•  Tampering with computer source documents
•  Hacking with computer system
•  Publishing of information which is obscene in electronic form
•  Not to obey the direction of Controller
•  Directions of Controller to a subscriber extend facilities to decrypt information
•  Intrusion into protected system
•  Penal action for misrepresentation
•  Breach of confidentiality and privacy
•  Publishing digital signature certificate false in certain particular etc.
•  Act to apply for offence or contravention committed outside India and
•  Confiscation
THE IT ACT, 2000 – POSITIVE ASPECTS
Legality of Email:
•  E-mail will now be a valid and legal form of communication in our country.
•  Can be duly produced and proved in a court of law.
India's strategy for prevention of Computer Crimes 
•  Stipulating the offences which would constitute Computer crimes.
•  Identification of domestic criminal law for possible amendments to meet the requirements
    of prevention of computer     related crimes.
•  Improving international collaborations.
•  Effective prosecution under the existing criminal law.
•  Adaptation and classification of OECD (Organization of Economic Cooperation and
    Development) guidelines.
•  Development of Security guidelines and manuals for implementation of such guidelines.
Crimes Prevention under the IT Act.  
•  Chapter IX provides for Penalties and Adjudication.
•  Chapter XI provides for Offences.
The object of IT Act is to protect:
•  All electronic systems for intrusion;
•  Privacy of certain messages;
•  protect the computer system from unauthorized access
The object of IT Act is to ensure:
•  Compliance to the provisions of the Act;
•  Non-publishing of obscene information.
•  Assistance in the decrypting information in the interest of state and crime control.
The Act also aims at preventing misrepresentation, falsity and fraud and provides for penalty.
Information Technology Act & Indian Penal Code
•  All cyber crimes do not come under the IT Act.
•  Many cyber crimes come under the Indian Penal Code.
Sending threatening messages by email  
-
  Section 506 IPC
Sending defamatory messages by email  
-
  Section 499 IPC
Forgery of electronic records  
-
  Section 465 IPC
Bogus websites, cyber frauds  
-
  Section 420 IPC
Email spoofing  
-
  Section 465, 419 IPC
Web-jacking  
-
  Section 383 IPC
Online sale of narcotics  
-
  NDPS Act
Online sale of weapons  
-
  Arms Act
Hacking  
-
  Section 66 IT Act
Pornography  
-
  Section 67 IT Act
Email bombing  
-
  Section 66 IT Act
Denial of Service attacks  
-
  Section 43 IT Act
Virus attacks  
-
  Section 43, 66 IT Act
Salami attacks  
-
  Section 66 IT Act
Logic bombs  
-
  Section 43, 66 IT Act

I.T. ACT 2000 - Overall Perspectives

The IT Act is a first step taken by the Government of India towards promoting the growth of e-commerce.
It is a first historical step.

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