Electronic Transaction act 2063

 Electronic Transaction act 2063 (2008): 

यसको बारेमा more details भित्र छ (more details)

➤ Date of Authentication and Publication - 22 Mansir 2063 (December 8, 2006), Act number 27 of the year 2063.

Preamble: WHEREAS, it is expedient to make, legal provisions for authentication and regularization of the recognition, validity, integrity and reliability of generation, production, processing, storage, communication and transmission system of electronic records by making the transactions to be carried out by means of electronic data exchange or by any other means of electronic communications, reliable and secured; And where as, for controlling the acts of unauthorized use of electronic records or of making alteration in such records through the illegal manner, Now, therefore, be it enacted by the House of Representatives in the First Year of the issuance of the Proclamation of the House of Representatives, 2063(2007) . 

Chapter - 1 Preliminary:

1. Short Title, Extension and Commencement: (1) This Act may be called "The Electronic Transactions act,2063 (2008)". (2) This Act shall be deemed to have been commenced from 24 Bhadra 2063 ( sep.2, 2006). (3) This Act shall extend throughout Nepal and shall also apply to any person residing anywhere by committing an offence in contravention to this act.

2. Definitions: Unless the subject or context otherwise requires, in this Act,-

1. "Asymmetric Crypto System" means a system that creates a secured key-pair consisting of a private key creating a digital signature and a public key to verify the digital signature.
2. "License"
3. "Originator"
4. "Computer
5. Computer Database
6. Computer Network
7. Computer system
8. Computer Resource
9. Subscriber
10. Key Pair
11. Data
12. Tribunal
13. Private Key
14. Digital signature
15. Access
16. Appellate Tribunal
17. Certificate
18. Certification Practice statement
19. Certifying Authority
20. Addressee
21. Electronic Record
22. Electronic Form
23. Public Key
24. Information
25. Information System
26. Software
27. Computer Accessory
28. Government Authority
29. Public Institution

Chapter - 2 Provisions Relating to Electronic Record and Digital Signature:

3. Authenticity of Electronic Record:

4. Legal Recognition of Electronic record: 

5. Legal Recognition of Digital Signature:

6. Electronic Records to be kept Safely:

7. Electronic Record May Fulfill the Requirement of Submission of any Original Document:

8. Secured Electronic Records:

9. Secured Digital Signature:

Chapter - 3 Provision Relating to Dispatch, Receipt and acknowledgement of Electronic Records:

10. Electronic Record to be Attributed to Originator:

11. Procedure of Receipt and Acknowledgement of Electronic Records:

12. Time and Place Of Dispatch and Receipt of Electronic Record:

Chapter 4. Provisions Relating to controller and certifying Authority:

13. Appointment of the Controller and other Employees:

14. Functions, Duties and Powers of the Controller:

15. License to be Obtained:

16. Application to be submitted for a License:

17. Other Functions and Duties of the Certifying Authority:

18. Procedure of License:

19. Renewal of License:

20. License may be suspended:

21. License may be revoked:

22. Notice of Suspension or revocation of a license:

23. Recognition to Foreign Certifying Authority may be given:

24. The Controller may issue Orders:

25. The Controller may delegate power:

26. The Controller may investigate: 

27. Performance Audit of Certifying Authority:

28. The Controller to have the Access to Computers and data:

29. Record to be maintained:

Chapter-5 Provisions Relating to Digital Signature and Certificates

30. Certifying Authority may issue a Certificate: 

31. Apply to obtain a Certificate:

32. Certificate may be suspended:

33. Certificate may be revoked:

34. Notice of Suspension or Revocation: 

Chapter-6 Functions, Duties and Rights of Subscriber

35. To Generate Key pair:

36. To Accept a Certificate:

37. To retain the private key in a secured manner:

38. To Deposit the Private Key to the Controller:

Chapter-7 Electronic Record and Government use of Digital Signature 

39. Government Documents may be published in electronic form: 

40. To Accept the Document in Electronic Form:

41. Use of Digital Signature in Government Offices:

 

Chapter –8 Provisions Relating to Network Service

42. Liability of Network Service Providers:

43. Network Service Provider not to be Liable:

Chapter -9 Offence Relating To Computer 

44. To Pirate, Destroy or Alter computer source code: 

45. Unauthorized Access in Computer Materials:

46. Damage to any Computer and Information System:

47. Publication of illegal materials in electronic form: 

48. Confidentiality to Divulge:

49. To inform False statement:  

50. Submission or Display of False License or Certificates:

51. Non-submission of Prescribed Statements or Documents:

52. To commit computer fraud: 

53. Abetment to commit computer related offence:

54. Punishment to the Accomplice:

55. Punishment in an offence committed outside Nepal:

56. Confiscation:

57. Offences Committed by a corporate body:

58. Other Punishment:

59. No Hindrance to Punish Under the Laws prevailing: 

Chapter-10 Provisions Relating to Information Technology Tribunal

60. Constitution of a Tribunal:

61. Qualification of the Member of the Tribunal:

62. Terms of office, remuneration and conditions of service of the Member of Tribunal:

63. Circumstances under which office shall be fallen vacant and filling up of vacancy: 

64. Staff of the Tribunal:

65. Procedures to be followed by the Tribunal:

Chapter-11 Provisions Relating to Information Technology Appellate Tribunal 

66. Establishment and formation of the Appellate Tribunal:

67. Qualification of the Member of Appellate Tribunal:

68. Terms of Office, Remuneration and Terms & Conditions of the service of the Member of                 Appellate Tribunal:

 69. Conditions of Vacancy of Office and filling up of such Vacancy:

70. Staff of the Appellate Tribunal:

71. Procedures to be followed by the Appellate Tribunal:

Chapter-12 Miscellaneous:

72. Provision may be made by an Agreement:

73. Government of Nepal may issue Directives:

74. Time Limitation to file a Complaint:

75. Government of Nepal to be a Plaintiff:

76. Compensation to be Recovered:

77. This Act shall not Apply:

78. Power to Frame Rules:

79. To Frame and Enforce the Directives:

80. Effect of inoperativeness of The Electronic Transactions Ordinance, 2063 (2008):