Power of Controller to make regulations
Section 89 of the Information Technology Act, 2000 deals with power of Controller to make regulations. The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act. The Act came into force on 17 Oct 2000.
(1) The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the particulars relating to maintenance of data base containing the disclosure record of every Certifying Authority under clause 1[(n)] of section 18;
(b) the conditions and restrictions subject to which the Controller may recognise any foreign Certifying Authority under sub-section (1) of section 19;
(c) the terms and conditions subject to which a licence may be granted under clause (c) of sub-section (3) of section 21;
(d) other standards to be observed by a Certifying Authority under clause (d) of section 30;
(e) the manner in which the Certifying Authority shall disclose the matters specified in sub-section (1) of section 34;
(f) the particulars of statement which shall accompany an application under sub-section (3) of section 35.
(g) the manner by which the subscriber shall communicate the compromise of private key to the Certifying Authority under sub-section (2) of section 42.
(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.
Section 89, The Information Technology Act, 2000 (Act 21 of 2000).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 18 Functions of Controller
- s. 19 Recognition of foreign Certifying Authorities
- s. 21 Licence to issue electronic signature Certificates
- s. 30 Certifying Authority to follow certain procedures
- s. 34 Disclosure
- s. 35 Certifying authority to issue electronic signature Certificate
- s. 42 Control of private key
Made under this section, and citing it
2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 89
What does Section 89 of the Information Technology Act deal with?
Section 89 of the Information Technology Act is headed "Power of Controller to make regulations". The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
How do I find court cases under Section 89 of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 89, section 89 IT Act, section 89 of the Information Technology Act. People searching for it also type it act 89a and income tax act 89 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 89 of the Information Technology Act, and has it changed?
Its own text turns on section 18 (Functions of Controller), section 19 (Recognition of foreign Certifying Authorities), section 21 (Licence to issue electronic signature Certificates), section 30 (Certifying Authority to follow certain procedures), and on 3 further provisions, so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 2: most recently Information Technology (Recognition of Foreign Certifying Authorities operating under Regulatory Authority ) Regulation 2013 (2013), then INFORMATION TECHNOLOGY (CERTIFYING AUTHORITY) REGULATIONS, 2001 (2001).
When did Section 89 of the Information Technology Act come into force?
Section 89 of the Information Technology Act, cited as IT Act 89, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 46. Power to adjudicate370 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
- 13. Time and place of despatch and receipt of electronic record315 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.