Section 70A IT Act: National nodal agency

Information Technology Act, 2000

Section 70A IT Act at a Glance

Section 70A IT Act lets the Central Government designate a government organisation, through a notification in the Official Gazette, as the national nodal agency responsible for all measures to protect Critical Information Infrastructure, including research and development.

Section 70A IT Act Bare Act Text

70A. National nodal agency.

(1) The Central Government may, by notification published in the Official Gazette, designate any organisation of the Government as the national nodal agency in respect of Critical Information Infrastructure Protection.

(2) The national nodal agency designated under sub-section (1) shall be responsible for all measures including Research and Development relating to protection of Critical Information Infrastructure.

(3) The manner of performing functions and duties of the agency referred to in sub-section (1) shall be such as may be prescribed.

Amendments to this section
  • Ins. by s. 36, ibid. (w.e.f. 27-10-2009).

Section 70A IT Act in Simple Words

Section 70A IT Act empowers the Central Government to set up a single national agency for protecting Critical Information Infrastructure. Under Section 70A(1) IT Act, the Central Government may publish a notification in the Official Gazette (the government's official publication) designating any government organisation as the national nodal agency in respect of Critical Information Infrastructure Protection.

Under Section 70A(2) IT Act, once designated, the national nodal agency is responsible for all measures relating to the protection of Critical Information Infrastructure. This responsibility explicitly includes research and development for protecting Critical Information Infrastructure.

Under Section 70A(3) IT Act, the national nodal agency must perform its functions and duties in the manner that may be prescribed. Act 10 of 2009 inserted Section 70A IT Act with effect from 27 October 2009. By a notification of 16 January 2014, the Central Government designated the National Critical Information Infrastructure Protection Centre (NCIIPC) as the national nodal agency.

When Section 70A IT Act Applies

  • Designation by the Central Government through a notification published in the Official Gazette (Section 70A(1) IT Act).
  • Selection of an organisation of the Government to act as the national nodal agency for Critical Information Infrastructure Protection (Section 70A(1) IT Act).
  • Responsibility of the designated agency for all protection measures, including research and development, carried out in the manner that may be prescribed (Sections 70A(2) and 70A(3) IT Act).

Example of Section 70A IT Act

By a notification in the Official Gazette dated 16 January 2014, issued under Section 70A(1) IT Act, the Central Government designated the National Critical Information Infrastructure Protection Centre (NCIIPC) as the national nodal agency in respect of Critical Information Infrastructure Protection. Under Section 70A(2) IT Act, that Centre is responsible for all measures, including research and development, relating to the protection of Critical Information Infrastructure, such as the computer systems that run power grids, banks and telecom networks. Under Section 70A(3) IT Act, it performs those functions and duties in the prescribed manner.

FAQs on Section 70A IT Act

What is Section 70A IT Act?▼

Section 70A IT Act empowers the Central Government to designate any government organisation, by notification in the Official Gazette, as the national nodal agency for Critical Information Infrastructure Protection. Once designated, the agency is responsible for all protection measures, including research and development, performed in the prescribed manner.

Which agency is the national nodal agency under Section 70A IT Act?▼

The National Critical Information Infrastructure Protection Centre (NCIIPC). The Central Government designated it under Section 70A(1) IT Act by a notification dated 16 January 2014.

Who can be designated as the national nodal agency under Section 70A IT Act?▼

Any organisation of the Government. Under Section 70A(1) IT Act, the Central Government may make this designation by publishing a notification in the Official Gazette.

Is the Central Government required by Section 70A IT Act to designate a national nodal agency?▼

No. Section 70A(1) IT Act uses the word 'may', which gives the Central Government the power to designate a national nodal agency without making designation compulsory in the bare text.

Does the national nodal agency's role under Section 70A IT Act cover research and development?▼

Yes. Section 70A(2) IT Act states that the designated national nodal agency is responsible for all measures relating to the protection of Critical Information Infrastructure, including research and development.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·