Section 88 IT Act: Constitution of Advisory Committee
Information Technology Act, 2000
Section 88 IT Act at a Glance
Section 88 IT Act requires the Central Government to set up the Cyber Regulations Advisory Committee with official and non-official members. The Committee advises the Central Government on rules and other matters under the Act, and advises the Controller on framing regulations.
Section 88 IT Act Bare Act Text
88. Constitution of Advisory Committee.
(1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committee.
(2) The Cyber Regulations Advisory Committee shall consist of a Chairperson and such number of other official and non-official members representing the interests principally affected or having special knowledge of the subject-matter as the Central Government may deem fit.
(3) The Cyber Regulations Advisory Committee shall advise—
(a) the Central Government either generally as regards any rules or for any other purpose connected with this Act;
(b) the Controller in framing the regulations under this Act.
(4) There shall be paid to the non-official members of such Committee such travelling and other allowances as the Central Government may fix.
Section 88 IT Act in Simple Words
Section 88 IT Act establishes the Cyber Regulations Advisory Committee to advise on rules, regulations and related matters under the Information Technology Act, 2000. Under Section 88(1) IT Act, the Central Government must constitute the Cyber Regulations Advisory Committee as soon as may be after the commencement of the IT Act. Under Section 88(2) IT Act, the Committee consists of a Chairperson and such number of other official and non-official members as the Central Government may deem fit, representing the interests principally affected or having special knowledge of the subject-matter.
Section 88(3) IT Act sets out the advisory role of the Cyber Regulations Advisory Committee. Under Section 88(3)(a) IT Act, the Committee must advise the Central Government either on broad matters regarding any rules or for any other purpose connected with the IT Act, which connects to the Central Government's rule-making power under Section 87 IT Act. Under Section 88(3)(b) IT Act, the Committee must also advise the Controller in framing regulations under the IT Act, which connects to Section 89 IT Act.
Under Section 88(4) IT Act, non-official members of the Cyber Regulations Advisory Committee must be paid such travelling and other allowances as the Central Government may fix.
When Section 88 IT Act Applies
- The Central Government constitutes the Cyber Regulations Advisory Committee as soon as may be after the commencement of the IT Act.
- The Committee consists of a Chairperson and such number of official and non-official members representing the interests principally affected or having special knowledge of the subject-matter as the Central Government deems fit.
- The Committee advises the Central Government on broad matters regarding any rules or for any other purpose connected with the IT Act.
- The Committee advises the Controller in framing regulations under the IT Act.
- Non-official members of the Committee are paid travelling and other allowances fixed by the Central Government.
Example of Section 88 IT Act
FAQs on Section 88 IT Act
What is Section 88 IT Act?▼
Section 88 IT Act is the provision that requires the Central Government to constitute the Cyber Regulations Advisory Committee with a Chairperson and official and non-official members. The Committee advises the Central Government on rules and other purposes connected with the Information Technology Act, 2000, and advises the Controller in framing regulations under the Act.
Who constitutes the Cyber Regulations Advisory Committee under Section 88 IT Act?▼
The Central Government. Under Section 88(1) and Section 88(2) IT Act, the Central Government sets up the Committee with a Chairperson and such number of official and non-official members representing affected interests or having special knowledge of the subject-matter as the Central Government deems fit.
Whom does the Cyber Regulations Advisory Committee advise under Section 88(3) IT Act?▼
Both the Central Government and the Controller. Under Section 88(3) IT Act, the Committee advises the Central Government regarding rules or any other purpose connected with the IT Act, and advises the Controller in framing regulations under the Act.
Are non-official members of the Cyber Regulations Advisory Committee paid allowances under Section 88 IT Act?▼
Yes. Under Section 88(4) IT Act, non-official members of the Committee must be paid such travelling and other allowances as the Central Government may fix.
Does Section 88 IT Act fix a specific number of members on the Cyber Regulations Advisory Committee?▼
No. Section 88(2) IT Act provides for a Chairperson and such number of other official and non-official members as the Central Government may deem fit.
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Sources: Bare Act Text, Information Technology Act, 2000 ·