LAW AND POLICIES IN INFRASTRUCTURE

What is Law?
Law consists of rules and principles that govern and regulate social conduct which can be enforced in the courts. Law
regulates conduct of people. It protects your property, your constitutional rights.

What Law gives you?

1. Injunctions – immediate remedy {Issued under Order No XXXIX Rule 1&2 of CPC1 }
Injunction is an order or judgment by which party is required to do or reframe from doing.

2. Damages – compensation for harm at the discretion of the courts

Damages are compensation for a legal injury. Damages can be sought in defamation. [Section 500 IPC2]

3. Costs - Expenses of litigation at the discretion of the courts [Section 35 CPC]

Costs should be reasonably sufficient to reimburse expenses incurred to attend the court.

4. Specific Performance of Contracts

Under the Specific Relief Act, 1963

5. Punishments
Offence is defined in [Section 3(38) in The General Clauses Act, 1897]
Any act or omission (negligence) made punishable by law for the time being enforced.

Crime is defined in [Section 40 of IPC]

Crime is an act or omission punishable by law.

6. Enforcement of Fundamental Rights

By Supreme Court – Article 32
By High Courts – Article 226

Rights under Constitution, Article 19

Rights under Article 21
Statutes or Laws
Civil Rights
Human Rights

Fundamental Rights under Article 19 of the Constitution

All citizens shall have the right
1. to Freedom of speech and expression
2. to assemble peaceably and without arms;
3. to form associations or unions;
4. to move freely throughout the territory of India;
5. to reside and settle in any part of the territory of India; and
6. to practice any profession, or to carry on any occupation, trade or business

Fundamental Rights under Article 21 of the Constitution (declared by SC3 from time to time)
All citizens shall have the right
1. to go abroad
2. against solitary confinement
3. to free legal aid
4. to speedy trial
5. to delayed execution
6. to no public hanging
7. to shelter
8. to medical aid
9. to live with human dignity
10. to pollution free water and air
1
CPC Civil Procedure Code 1908
2
IPC – Indian Penal Code
3
SC – Supreme Court
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 11. not to be disturbed
12. to water

Rights and Statutes

All citizens shall have the right
1. to practice [Section 30, The Advocates Act,1961]
2. to vote [The Representation of the People Act, 1951]
3. of way [The Indian Easements Act, 1882]
4. Protection of Civil Rights [The Protection of Civil Rights Act,1955]
5. Human Rights [The Protection of Human Rights Act, 1993] – Life, Liberty, Equality, Dignity

INDUSTRY AND BUSINESS ENVIRONMENT

1. The Contract Act, 1872
2. The Sale of Goods Act, 1930
3. The Information Technology Act, 2000
4. The Transfer of Property Act, 1882
5. The Industries (Development and Regulation) Act,1951

ENVIRONMENT
1. The Environment Protection Act, 1986
2. The Water(Prevention and Control) Act, 1974

CARRIAGE
1. Carrier’s Act, 1865
2. The Motor Vehicles Act, 1988
3. The National Highways Authority of India Act, 1988
4. The Railways Act, 1989
5. Road Transport Corporation Act, 2004
6. The Aircraft Act, 1934

BANKING
1. Negotiable Instruments Act, 1881

LABOUR SAFETY
1. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,
1996
2. Contract Labour (Regulation and Abolition) Act, 1970
3. The Provident Funds Act, 1957

DISPUTE RESOLUTION
1. Arbitration and Conciliation Act, 1996

ENERGY LAW
1. The Electrictiy Act, 2003
2. The Energy Conservation Act, 2001

DEVELOPMENT LAW
1. Development Muncipal law(including master plan)
2. Slum Areas (Improvement Clearance) Act, 1956

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1. THE CONTRACT ACT, 1872

Security and stability of business is dependent on law of contract, in other words, the basis of trade and commerce is
enforceability of promises. Rights created by Promises are protected and enforced.

Contract
 Exchange of promise by 2 or more persons resulting in an obligation
 Agreement creating an obligation [Sec 2 (h)]
 Agreement enforceable by law
 Legally enforceable promises are contracts

Recognizance
A party who has been arrested may be released on his promise to appear in the court and may bind himself to pay a
certain sum in events he fails to do so. Obligation of this kind is known as Recognizance.
A bond by which a person undertakes before a court or magistrate to observe some condition, especially to appear
when summoned.

ESSENTIALS of CONTRACT
1. Offer and Acceptance [Sec 3]
 Offer must be certain
 Offer must be communicated
 Offer lapsed by rejection or counter proposal
 Offer lapses by death of the offerer
 Acceptance should be absolute
 Acceptance to be made before the offer lapses
2. Competency to Contract [Sec 11(h)]
 Age of majority
 Sound Mind
 Not disqualified from contracting by any law
 All contracting parties should be competent to contract. Contract entered into by incompetent person
are void.
3. Free Consent [Sec 14 (a)]
 No Coercion [Sec 15]
Coercion – Doing of anything forbidden by IPC and Contract made under coercion is voidable
 No Undue influence [Sec 16]
Undue Influence – When one of the parties is in position to dominate the will of other and use that
position to obtain unfair advantage over the other. Contract under influence is voidable (can be
challenged in court).
 No Fraud, No concealment [Sec 17]
Fraud is also willful misrepresentation it would be by word or conduct that something is true which is
not so, so as to deceive the other person. A person whom misrepresentation has been made can avoid
the contract and claim damages.
 No Misrepresentation [Sec 18]
Misrepresentation is miss statement made innocently but is rendered contract voidable.
 No Mistake [Sec 20, 21, 22]
No mistake as to facts
 Mistakes of material facts on part of both parties render the contract void and mistake of law is not
excused.
4. Object to be lawful [Sec 23]
5. Consideration is essential [Sec 25]
Consideration is the material cause of any contract without which it would be not effective and
abiding. Consideration means reasonable equivalent of other valuable benefits passed by transferor to
transferee
6. Capable of being Performed [Sec 56]
 Agreement to do an impossible act in itself. Such a contract is void.

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Contract of Indemnity [Sec 174]
It is a contract by which one party promises to save other from loss cause to him by conduct of promises.

Promisor Promised
Indemnifier Indemnified
Saves other from loss Whose loss is made good

Contract of Guarantee [Sec 126]

Principle Debtor Surety Creditor

For whose default surety is given Person to whom guarantee/surety is
given

Express Contract: In word Spoken or word written

Implied Contract: Evidence of agreement is not shown by words written or spoken

Valid Contract: Is binding and enforceable. It has all the essentials of contract

Voidable Contract: It lacks one or more of essential of valid contract. It can be repudiated by agreed party at his
option.

Void Contract: Without legal effect

Executed Contract: Completely performed Contract ie. Cash sale

Executree Contract: Something needs to be done. If either price is paid in advance, contract is still executee, where
electricity Supply Company agrees to supply to another party for a specific period of time at stipulated price.

Wagering Contract
A wager is promise to pay money upon happening of uncertain events. Insurance is not wagering. Betting of a horse
race or wrestling matches are examples of wagering contract.

Wagering Insurance
No interest is to be protected Interest is to be protected
Full amount payment In case of fire; whatever loss is to be paid
Not in favor of public policy Is a public policy

Various discharges of contract/ termination of contract

Contracts may be discharged/terminated by anyone of the following modes:
1. By performance
2. By consent/agreement
3. By impossibility
4. By lapse of time
5. By operation of law
6. By breach of contract

Remedies for Breach of Contract

1. Suit for damages
2. Suit for specific performance of contract seek the direction of the court
3. Injunctions
Injunctions restrained the person from doing or continuing to do something which amounting to breach of
contract

Agreements oppose to public policy

1. To trade with Indian Union enemies without union license
2. Which ousting the jurisdiction of court
3. Agreement curtailing or extending the period of limitation prescribed by law are not enforcible.
4. Agreements for using improper influence of any kind with judges or officials to pay rent in consideration of
giving his daughter in marriage is void

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2. THE SALE OF GOODS ACT, 1930

Not everyone who agrees to buy or sell goods is fortunate enough to find the transaction to turns out as he has hoped.
These disappointments can seek remedy under sale of goods act. They can get enforcement of their rights under this
act.
If any transaction in movable property does not turn out as you expected, you can seek the enforcement of rights
through the Sale of Goods Act.

ESSENTIALS of SALE
1. There must be some goods, the general property of which is to be transferred from seller to buyer
2. A price in money must be paid or promised to be paid as transfer of property
3. The contract of sale is consensual and bilateral
4. There must be transfer of ownership from seller to buyer
5. The essential elements of a valid contract must be present

Contract for Sale of Goods [Sec 4]

It is a contract whereby the seller transfers or agrees to transfer the property in ownership of good to the buyer for a
price. The term contract of sale includes actual sale as well as agreement to sell. The contract of sale is this executed
when property in goods has passed from seller to buyer.

Sale Agreement to Sell

Property & goods sold, passed to the buyer and seller is
no ore the owner and buyer becomes the owner
Sale is executed contract
Sale is contract + conveyance
Seller can sue for price even though goods are in his
possession
Ownership does not pass to the buyer at the time of
contract and seller continues to be the owner until
agreement to sell becomes actual sale
This is executary contract
Is a contract; pure and simple and gives a right to either
buy or sell for any defaults in fulfilling his part of
agreement
Only remedy is to sue for damages if buyer fails to
accept and pay for goods

Contract of Bailment
Goods are delivered form one person to another for certain purpose on condition that when that purpose is over, the
goods will be returned. Ownership does not pass to bailee, only possession is given.

Barter
It is where goods are exchanged for goods.

Exchange
It is when money is exchanged for money

Mortgage
Transfer of interest and goods from mortgager to mortgagee

Hire Purchase
It is a kind of bailment which differs from contract of sale in that even though hirer pays money for use of goods, yet
ownership continues with the person who gives goods on hire. Here there is no agreement to buy; only option is given
to the hirer to buy under certain conditions.

Goods in Action
Stocks and shares are goods in action. Goodwill, trademarks, copyrights, patents, electricity are goods in action.
Goods are defined in [Sec 2(7)] in the Sale of Goods Act.
Every kind of movable property is goods. Things attached to or forming part of land which are agreed to be severed
before sale are goods.

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RIGHTS OF UNPAID SELLER [Sec 16]
1. He can withhold delivery.
2. He gets a right of resale.
3. Seller may sue for price of goods. [Sec 55(2)]
4. Seller may sue for damages where buyer wrongfully neglects or refuses to accept and pay for goods. [Sec 56]
5. There is breach of contract as the goods have not been delivered, suit for specific performance can be filed
under [Sec 58]

 Motor Vehicle being a movable property, it is governed under Sale of Goods Act. Here only Sale Deed is
required. Transfer of RC is not necessary.

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3. THE ARBITRATION AND CONCILIATION ACT, 1996

Objective:
 To consolidate and amend laws relating to
 Domestic arbitration
 International commercial arbitration
 Enforcement of foreign arbitral awards
 Bringing about conciliations

Detailed Objectives
1. Arbitral procedure to be fair and efficient
2. Arbitral tribunal has to give reasons of their decisions or awards
3. This new act has minimized supervisory role of the courts
4. To permit arbitral tribunal to use: (i) Mediation; (ii) Conciliation; (iii) Other procedures to encourage
settlement of disputes
5. Every final award is to be enforced in the same manner as if it was a decree of the court
6. The settlement agreement reached by the parties as a result of conciliation will have the same status and effect
of an arbitral award

Laws Repelled by the 1996 Act

1. Arbitration Act, 1940
2. Arbitration (Protect & Convention) Act, 1937
3. Foreign Awards (Recognition & Enforcement) Act, 1961

Framework of the Act

Acted in four part and divided in 86 sections
Part 1: Arbitration [Sections 1-43]
Part 2: Enforcement of certain foreign awards [Section 44-60]
Part 3: Conciliation [Section 61-81]
Part 4: Supplemental Procedure [Section 82-86]
Ocean
Arbitration Agreement [Sec 7]
1. Agreement by the party to submit to arbitration all or certain disputes. It could be in the form of arbitration
clause in a contract or in the form of a separate agreement.
2. Arbitration agreement shall be in writing and such a document has to be signed by both the parties

International Commercial Arbitration [Sec 2(f)]

Means an arbitration relating to disputes arising out of legal relationships whether contractual or not, considered as
commercial under the law enforced in India and where one of the parties is:
(i) An individual who is a national or habitually resident in any country other than India
(ii) A body corporate which is incorporated in any country other than India
(iii) A company or an association or a body of individuals whose central management is in any country other than
India

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4. THE NEGOTIABLE INSTRUMENTS ACT, 1881

Negotiable Instruments [Sec 13(a)]

They are written promises to pay money
They are of 3 types:
1. Promissory Note
2. Bills of Exchange
3. Cheques

Promissory Note [Sec 4]

It is an instrument in writing (not being a bank note) containing an unconditional undertaking signed by the maker to
pay a certain sum of money to a certain person.

Characteristics of Promissory Note

1. It must be in writing
2. It must contain an express promise or clear undertaking to pay
3. The promise to pay must be unconditional
4. The maker must sign the promissory note
5. The maker must be a certain person
6. The pay must be certain
7. The sum payable must be certain
8. Payment must be in the legal money of the country

Specimen of Promissory Note

PROMISSORY NOTE

Rs 50,000 DEHRADUN
16-02-2014

On demand (or six months after the date) I promise to pay Mr Arun C Mohan the sum of FIFTY THOUSAND
RUPEES with interest at the rate of 8% per annum till payment.

Stamp

Signature
Maker

Bill of Exchange
Bill of exchange is an instrument in writing containing an unconditional order signed by the maker directing a certain
person to pay a certain sum of money only to a certain person or the bearer of the instrument.

Characteristics of bill of exchange

 The drawer like the maker must be certain
 The order to pay must be unconditional
 Amount of bill and the payee and the drawee must be certain
 It has to be in writing
 It contains a direction to a certain person to pay a certain sum of money only to a certain person or the bearer
of the instrument

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Difference between:
Promissory Note
There are 2 parties: Maker (debtor) and Payee (creditor).
It contains unconditional promise by maker to pay to
payee.
It is presented without prior acceptance by the maker.
Bill of Exchange
There are 3 parties: (i) Drawer, (ii) Drawee (pays the bill
amount to a person called payee) and Payee. When
drawee accepts the bill he is called acceptor.
There is unconditional order to the drawee to pay
according to drawer direction
It must be accepted by the drawee or someone else on
his behalf before it can be presented for payment

Cheque
A cheque is a bill of exchange drawn on a bank which is payable on demand.
There are two additional qualifications in a cheque:
 It is always drawn on a bank.
 It is always payable on demand
Consequently, all cheques are bills of exchange but all bills are not cheques.

Distinction between Bills of Exchange and Cheque

 Cheque is always drawn on a banker whereas bill of exchange may be drawn on anyone including a banker.
 A cheque can only be drawn payable on demand whereas a bill of exchange may be drawn payable on demand
or on the expiry of a certain period after date.
 A bill of exchange must be accepted before payment can be demanded. A cheque does not require acceptance
and is intended for immediate payment.
 Notice of dishonor of a bill of exchange is necessary but not in the case of cheque.
 A cheque may be crossed but not a bill of exchange.
 A cheque is a revocable mandate ie. The authority may be revoked by counter demanding payment. This is
not so in case of bill of exchange.

 This law of negotiable instruments is not the law of a single country. It is the law of the whole of the
commercial world. It is a thing having the characteristics of money or cash.

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5. THE TRANSFER OF PROPERTY ACT, 1882

It deals with movable as well as immovable property. It consists of 8 chapters and 137 sections.

When a property is to be purchased or sold these 3 acts are involved:

 The Stamp Act, 1899 [Worth of property]
 The Registration Act, 1908
 The Transfer of Property Act, 1882

What does the Act cover?

 It covers transfer of property whether movable or immovable
 It covers sales, mortgages, leases, exchange and gifts

Sale: How is it made? [Sec 54]

Sale of Immovable Properties
Property of the value of Rs 100 and upwards would require to be registered. ie. the instrument of conveyance (sale)
will be registered ie. called conveyance deed or sale deed.

Duties of a Seller [Sec 55]

 To disclose to buyer any material defect in property
 Produce to buyer all documents of Title. Show record of possession and record of rights and ownership.
 Execute a proper conveyance on payment of price
 To give possession to the buyer
 Pay all charges up to date of sale

What is Mortgage?
It is the transfer of an interest in specific immovable property for purpose of securing payment of money advanced by
way of loans.

What is Lease?
 Lease of an immovable property is:
 Transfer of rights to enjoy such property
 Made for a certain time
 Or in perpetuity
 Express (word of mouth) are implied
 In consideration of a price paid or promised or of money, a share of crops, service or anything of value.
 To be rendered periodically or on specified occasions to the transferor by the transferee who accepts the
transfer of such terms.
How Lease is made? [Sec 107]
Lease of an immovable property from year to year or for any term exceeding one year can be made by a registered
instrument.

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6. THE MOTOR VEHICLES ACT, 1988

Main Subjects in the Act

 Licensing of drivers
 Licensing of conductors
 Registration of motor vehicles
 Control of transport vehicles by transport department through permits
 State transport undertakings
 Construction, Equipment and Maintenance of motor vehicles
 Control of Traffic (Speed limit, traffic signs and signals, safety for drivers and pillion riders)
 Motor vehicles temporarily leaving or visiting India.
 Liability without fault in certain cases
 Insurance of motor vehicles against 3rd party risks
 Accident claim tribunals
 Offences and penalties
 Fees for licenses, permits and wages

Important Sections under the law

 Driving Dangerously [Sec 184] 6 month imprisonment
 Necessity of a driving license [Sec 3]
 Age limit for driving [Sec 4]
 Learner’s License [Sec 8]
 Driving Schools [Sec 12]
 Renewal of driving license [Sec 15]
 Suspension or cancellation of license on conviction [Sec 22]
 Registration of vehicles [Sec 41]
 Power of the State Government of road transport [Sec 67]
 Speed limits [Sec 112]
 Parking places [Sec 117]
 Removal of abundant vehicles [Sec 127]
 Claims of compensation for death or permanent disablement [Sec 141]
 Necessity of insurance against 3rd party risks [Sec 146]
 Application for seeking claims and compensation [Sec 166]
 Travelling without ticket [Sec 178]
 Allowing unauthorized person to drive vehicle [Sec 180]
 Driving at excess speeds [Sec 183]
 Drunken driving [Sec 185] 6 month imprisonment or Rs 2000 fine or both
 Using vehicle in unsafe condition [Sec 190] 3 years imprisonment
 Driving uninsured vehicles [Sec 196]
 Breath test [Sec 203]
 Using vehicle without permit [Sec 192 A]
 Driving when mentally and physically unfit [Sec 186]

Chapters under the law

 Licensing of drivers [Ch 2]
 Licensing of Conductors [Ch 3]
 Registration of Motor Vehicles [Ch 4]
 Control of Transport Vehicles [Ch 5]
 Control of Transport Undertakings [Ch 6]
 Construct, Equipment, Maintaitenance of Motor Vehicles [Ch 7]
 Control of Traffic [Ch 8]
 Motor Vehicle temporarily leaving/visiting India [Ch 9]
 Liability without faults [Ch 10]
 Insurance of Motor Vehicle against 3rd party [Ch 11]
 Accident claim tribunal [Ch12]
 Offences, penalties [Ch 13]

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7. THE INFORMATION TECHNOLOGY ACT, 2000

This act provides 2 things:

(i) Legal recognition for transactions for electronic data interchange
(ii) Other means of electronic communication referred as e-commerce

These involve:
 Use of alternatives for paper based method of communication and storage of information
 This was done to facilitate electronic filing of documents with government agencies and further to amend IC,
Indian Evidence Act, 1872, Bankers Books Evidence Act, 1891, Reserve Bank of India Act, 1934

Amended Sections in IPC

Electronic Record [Sec 29(A)]
Wherever the word ‘document’ is there in IPC, the word ‘electronic record’ is added. [Sec 167]
Amendments in The Indian Evidence Act: [Sec 65(A), 67(A)]
Amendments in Banker’s Book Evidence Act: [Sec 2(A)]
Bankers Book: ledgers, account books whether can be written form or stored in floppy, disc or any other form of
electromagnetic storage device.
Amendments in The Reserve Bank of India Act: [Sec 58(2)(p)]

What are Digital Signatures?

Subscriber definition [Sec 2(Z)(g)]
 Subscriber makes an application under [Sec 35(1)] to certifying officer with fee of Rs 25,000 and he gets
digital signature certificate
 Subscriber holds the private key corresponding to the public key listed in digital signature certificate
 Subscriber authenticates electronic records by his digital signatures under [Sec3]
 Subscriber means a person in whose name digital signature certificate is issued [Sec 35(4)]
 Private key creates a digital signature and the public key verifies the digital signature
 Any erson by use of public key of the subscriber can verify electronic records. [Sec 3(5)]
 Subscriber authenticates electronic record by affixing his digital signature
 Private Key and Public key are unique to subscriber and constitutes a functioning key pair.

Certifying Authority [Sec 2(g)]

Person who has been granted a license to issue digital signature certificate under [Sec 24]
License is granted to the certifying authority by Controller of Certifying Authority and Controller is appointed under
[Sec 17(1)]

Asymmetric Crypto System [Sec 2(f)]

It means the system of a secured key pair consisting of a private key for creating a digital signature and a public key to
verify the signature.

Key Pair [Sec 2(x)]

It is an asymmetric crypto system, means a private key and its mathematically related public key which are so related
that the public key can verify a digital signature created by a private key.

Private Key [Sec 2(zc)]

Means a key of a key pair used to create a digital signature.

Public Key [Sec 2(zd)]

Means a key of a key pair used to verify a digital signature enlisted in digital signature certificate.

Where this act doesn’t apply? [Sec 1(4)]

 Negotiable instruments defined in {[Sec 13] of The Negotiable Instruments Act, 1881}
 Power of Attorney defined in {[Sec 1(a)] of The Power of Attorney Act, 1882}
 Trusts defined in {[Sec 3] of The Indian Trusts Act, 1882}
 Will defined in {[Sec 2(h)] of The Indian Succession Act, 1925}
 Any contracts for sale or conveyance of immovable property or any interest in such property.
 Any such class of documents or transactions as notified by central government.

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Cyber Crimes

Cyber Stalking
Stalking is the crime of following and watching somebody over a long period in a way that is annoying or frightening.
Stalking generally involves:
Harassing or threatening behavior that an individual engages repeatedly such as:
 Following a person
 Appearing at a person’s home or place of business
 Making harassing phone calls
 Leaving written messages or objects
 Vandalizing a person’s property
Cyber Stalking refers to the use of internet, email or other electronic communication devices to stalk another person.
This is an offence under [Sec 66(A)(a)] Imprisonment up to 3 years.
 Cyber Stalking may also fall under:
 Defamation in [Sec 499 IPC]
 Criminal intimidation [Sec 503 IPC]
 Intentional Insult [Sec 509 IPC]
 Words or gestures intended to outrage the modesty of woman [Sec 509 IPC]

Spam [Sec 66(A)(b)]

Unsolicited emails. They are a menace.

Phishing [Sec 66(A)(c)]

 It is a fraudulent way of getting confidential information
 Unsuspecting users receive official looking emails that attempt to fool them into disclosing:
a. Online Password
b. Usernames
c. Other personal information
 Victims are usually persuaded to click on a link that directs them to a doctoral version of an organization’s
website. Offence under [Sec 72] Breach of confidentiality, [Sec 66] Identity Theft

Shrink Wrap
 If one does not purchase computer software but merely takes a license to use it. How software maybe used
depends on, terms of the license.
 Shrink wrap is a way of licensing.
 Terms of license are printed on the sealed box with a condition that breaking the seal constitutes ascent to
those terms. This way of licensing is called shrink wrap.
 Shrink wrap licenses are common in software industry but now this practice is replaced by direct downloading
of software from the internet.

Click Wrap
 Prior to the use, the user is required to click on to the button ‘I Agree’ to ascent the terms of the license.

Browse Wrap
 Refers to a notice, placed on a webpage indicating that the user of that software is subject to a license
agreement.
 Unlike the click wrap license the browse wrap does not require the user to click a button before downloading,
installing or using software.

E-commerce
Information Technology has changed the way business was been conducted. Now business is done electronically
without the use of paper. Now electronic communications are being used in international contracting. As per United
Nations Commission on International Trade Law (UNCITRAL). As per e-commerce, documents fulfilled two main
functions as under: (i) It can be used as evidence; (ii) It has a symbolic function to show ownership. Eg: railway seat,
bill of lending. [E-commerce is covered under Chapter 3; Sec 4 to 10]

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Cyber Crimes [Sec 65-76]
Sec 65 Tampering with compute source documents
Sec 66 Hacking
Sec 66 A (a) Cyber Stalking
Sec 66 A (b) Spam
Sec 66 A (c) Phishing
Sec 66 B Dishonestly receiving stolen computer resources
Sec 66 C Identity Theft
Sec 66 D Cheating by personation by using computer resource
Sec 66 E Violation of Privacy
Sec 66 F Cyber Terrorism
Sec 67 Publishing Information which is obscene in electronic form
Sec 67 A Punishment for transmitting material containing sexual
Sec 67 B Children in sexuality
Sec 67 C Retention of information by intermediaries
Sec 69 directions of controller to subscriber
Sec 69 A Power to issue directions for blocking for public access of any information through any
computer resource
Sec 69 B Power to authorize to monitor and collect traffic data or information through any computer
resource for cyber security
Sec 70 Protected system (Securing Access)
Sec 70 A National Nodal Agency
Sec 70 B Indian Computer Emergency Response Team to serve as national agency for incident
response
Sec 71 Misrepresentation
Sec 72 Breach of confidentiality/privacy
Sec 72 A Disclosure of information in breach of lawful contracts
Sec 73 Penalty for publishing electronic signature certificate
Sec 74 Publication for fraudulent purpose
Sec 77 A Compounding of offences. [In cases the imprisonment is more than 3 yrs to life imprisonment
the compounding is compromised.]

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8. THE INDUSTRIES (DEVELOPMENT & REGULATION) ACT, 1951
This Act brings some industries under central control.
On 6th April 1948, Central government announced its industrial policy according to which there were certain activities
which affected the country as a whole. So it was decided that the development of such important industries be
governed by the central government and by as such this act was brought.
Section 2 of the Act contains the declaration as to expediency of control by the union.

What is a declaration?
It is hereby declared that it is expedient in the public interest that union should take under its control the following 38
categories of industries which has been specified in first schedule.
1. Scientific Instruments
2. Fertilizers
3. Textiles
4. Paper
5. Sugar
6. Fermentation industries
7. Food processing industries
8. Vegetable oils
9. Soaps, cosmetics
10. Rubber goods
11. Glass
12. Cement
13. Defense industries
14. Cigarettes
15. Electrical equipment
16. Medical and surgical appliances
17. Fuels
18. Transportation – Aircrafts, Ships, Railways
19. Telecommunication
20. Agricultural Machinery – Tractors
21. Commercial, office and household equipment – Air Conditioners, fridge, sewing machines

Central Advisory Council [Chapter 2 Sec 5]

Consists of Chairman and 30 members
1. Owners of industrial undertaking
2. Persons employed in industrial undertaking
3. Consumers of goods
4. Primary producers
Development Council [Ch 2 Sec 6]
It has 16 functions
1. Recommend targets for production
2. Suggest norms to eliminate wastes, improving quality, reducing costs and obtaining maximum production
3. Recommending measures for securing fuller utilization of installed capacity
4. Promoting arrangement for better marketing
5. Promoting standardization of products
6. Promoting training
7. Promoting or undertaking scientific and industrial research

Registration of Scheduled Industries [Ch 3]

Registration of undertaking is prescribed manner [Sec 10]
Licensing of new industrial undertaking [Sec11]
Investigations to be made into scheduled industries or industrial undertaking [Sec 15] if :
(i) There is substantial fall in volume of production
(ii) Deterioration of quality
(iii) Rise in price

The central government will assume management and control of an industrial undertaking in case the undertaking is
not performing in public interest or fails to comply the directions of the government. [Sec 18 A]

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9. THE ENERGY CONSERVATION ACT, 2001
This act came into force on 29 October 2011.
What does this act provide? Preamble
For efficient use of energy
Its conservation
For matters connected there with or incidental there to

FEATURES OF THE LAW

1. Definitions given in Indian Electricity Act, 1910, The Electricity Supply Act, 1948 and The Electricity
Committee Regulatory Act, 1998 will continue to apply. [Sec 2(u)]
2. This act does not supersede or repeal any other enactment. Provisions of this act shall be in addition to and not
in derogation of the provisions of any other law. [Sec 60]
3. Provisions of this act not to apply to ministry of defense, atomic energy or such other similar ministries or
departments or undertakings or boards or institutions under the control of defense and atomic energy. [Sec 61]
4. Bureau of Energy Efficiency is a creation of this act. [Sec 3]. Bureau is defined in [Sec 2(d)]. This bureau
replaced energy management center which was a society under The Societies Registration Act, 1860.
5. Central government can make rules on the matters listed in the act. Bureau with the approval of the central
government makes regulation. {Sec 56,57,58]
6. Rules and regulations as per [Sec 59] of the act are to be placed before each house of parliament for a total
period of 30 days as well as in legislature.
7. Notifying energy intensive industries and other establishments as designated consumers. Such a list is given in
the schedule under Sec 2(s).
8. Establishing and prescribing energy consumption norms and standards for designated consumers and directing
them to comply. Energy consumption standards are defined in [Sec 2(k)]. It means the norms for processes
and energy consumption standards specified under [Sec 14(a)].
9. Directing designated consumers and energy intensive industries specified in schedule to get energy audit
conducted by an accredited energy auditor. Accredited energy auditor is defined in [Sec 2(a)]. Energy Audit is
defined in [Sec 2(i)]
10. Directing designated consumers to designate or appoint certified energy managers in charge of activities for
efficient use of energy and its conservation. Designated consumer is defined in [Sec 2(g)], Energy Manager is
defined in [Sec 2(m)].

What is Energy? [Sec 2(h)]

Energy means any form of energy derived form (i) fossil fuels, (ii) nuclear substances, (iii) hydro electricity, (iv)
electrical energy, (v) electricity generated from renewable sources of energy or bio mass connected to the grid.

Energy Audit [Sec 2(i)]

It means (i) Verification, (ii) Monitoring, (iii) Analysis of use of energy, (iv) Submission of technical reports
containing recommendations for improving energy efficiency with cost benefit analysis and an action plan to reduce
energy consumption.

Energy Consumption Standards [Sec 2(k)]

It means the norms for processes and energy consumption standards for any equipment and appliance specified under
[Sec 14(a)] by central government by notification in consultation with Bureau of Energy Efficiency for any
equipment, appliance which (i) consumes, (ii) generates, (iii) transmits or (iv) supplies energy.

Energy Conservation Building Code [Sec 2(j)]

It means norms and standards of energy consumption expressed in terms of per square meter of the area where in
energy is used and includes the location of the building.

Designate Consumer [Sec 2(g)]

Means any consumer specified under [Sec 14(e)] Central government by notification in consultation with the Bureau
specifies designated consumers and in regard to 4 factors: (i) the intensity or quantity of energy consumed, (ii) amount
of investment required for switching over to energy efficient equipment, (iii)capacity of industry to invest in it, (iv)
availability of energy efficient machinery and equipment required by the industries.

Designated Agency [Sec 2(f)]

Means any agency designated under Clause 15(d) to (i) coordinate, (ii) regulate, (iii) enforce provisions of this act
within the state. Schedule of designated consumers is defined in [Sec 2(s)].

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List of Energy Intensive Industries and other establishments specified as designated consumer
Aluminum, Fertilizers, Iron & Steel, Cement, Pulp & Paper, Chlor Alkali, Sugar, Textiles, Chemicals, Railways, Port
Trust, Transport Sector (Industries & Services), Petrochemicals, Petroleum Refineries, Thermal, Hydel Power
Stations, Electricity Transmission and Distribution companies, Commercial buildings and establishments.

Energy Management Centre [Sec 2(f)]

It was set up under resolution of government of India on 5th July 1989 in the erstwhile ministry of energy (Dept. of
Power) and registered under The Societies Registration Act, 1860.

Energy Manager [2(m)]

Means any individual possessing the qualification prescribed under [Sec 14(m)].

Accredited Energy Auditor [Sec 2(a)]

Means auditor possessing qualifications specified under [Sec 13(2)(p). The bureau specifies the qualifications by
regulations.

Bureau of Energy Efficiency [Ch 2 Sec 3 to 11]

Established on 8th March 2002. HQ is in New Delhi

Constitution of the Bureau of Energy Efficiency

1) Bureau shall be a body cooperate (t is a company registered)
2) It has perpetual succession
3) It has a common seal. (Metallic and its inscriptions are approved by the bureau and is kept in safe custordy)
4) It can acquire, hold and dispose property (both movable and immovable)
5) It can sue and it can be sued

Governing Council
The management of the bureau, ie. General superintends, director and management of the affairs of the bureau shall
vest in the governing council. It has members not less than 20, not more than 26.
1) Ministry of Power
2) Secretary of Power
3) Secretary Petroleum and Natural Gas
4) Secretary Coal
5) Secretary Non Conventonal Energy Sources
6) Secretary Atomic Energy
7) Secretary Consumer Affairs
8) Chairman, Central Electricity Authority (CEA)
9) Director General of Central Power Research Institute (CPRI) [Registered under Karnataka Society Act, 1920]
10) Executive Director Petroleum Conservation Research Association (PCRA) [Registered under The Societies
Registration Act 1860]
11) Chairman cum Managing Director of Central Mines Planning and Design Institute Ltd [Company
incorporated under The Companies Act]
12) Director General of Bureau of Indian Standards (BIS)
13) DG of National Test House, Dept. of Supply, Ministry of Commerce and Industry, Calcutta
14) MD of Indian Renewable energy Development Agency (IREDA) [Company under The Companies Act]
15) – 19) One member each from 5 power regions
20) – 23) 4 Persons nominated by Central Govt. from Industry, equipment and appliances manufactures architects
and consumers.
24) – 25) 2 Persons can be nominated by the Governing council
26) DG of the Bureau of Energy Efficiency

FUNCTIONS of The Bureau of Energy Efficiency

 Creates awareness for efficient use of energy and its conservation
 Develops testing facilities for certification and testing of energy consumption equipment and appliances
 Formulates pilot projects and demonstration projects for promotion of efficient use of energy and its
conservation
 Give financial assistance to institutions promoting efficient use of energy and its conservation
 Implement international cooperation programs relating to efficient use of energy and its conservation
 Levy fees for services provided for promoting efficient use of energy and its conservation
 Maintain lists of accredited energy auditors

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  Organize training of personnel’s in the techniques for efficient use of energy and its conservation
 Performs such other functions as may be prescribed
 Prepares educational curriculum on efficient use of energy and its conservation for educational institutes,
boards and university and coordinate with them for inclusion of curriculum in their syllabus
 Prescribes guidelines for energy conservation
 Promotes (i) Research and Development in the field of energy conservation; (ii) Use of energy efficiency
processes, devices, systems; (iii) Innovative financing of energy efficiency projects
 Recommends (i) Norms for processes and energy consumption standards; (ii) Particulars to be displayed on
labels on equipment or on appliances and the manner of their display; (iii) Notifying users or class of users as
designated consumers
 Specify (i) Qualifications for accredited energy auditors; (ii) Manners and intervals of time in which energy
shall be audited; (iii) Certification procedures for energy managers
 Strengthen consultancy services in the field of energy conservation

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