G.S.R. 6. - In exercise of the powers
conferred by section 90 of the Information Technology Act, 2000 (Central Act
No. 21 of 2000), the State Government hereby makes the following rules;
namely:- (1)
These rules may be called the Rajasthan Cyber Cafe Rules, 2007. (2)
They shall come into force on the date of their publication in the Official
Gazette. In these rules, unless the context otherwise
requires; (a)
"Act" means the Information Technology Act, 2000 (Central Act No. 21 of
2000); (b)
"Log
Register" means the Register
maintained by the Cyber Cafe Owner/Network Service Provider for using the Cyber
Cafe or Network Services; (c)
"User" Means a person who uses the Computer in a Cyber , Cafe; (d)
"Cyber
Cafe" means premises where the Cyber
Cafe Owner/Network Service Provider provides the computer services including
Internet access to the public in any of its forms, either on payment or free of
charge for any purpose including recreation or amusement; and (e)
"Police
Authority" mean the Police officer?
not below the rank of Deputy Superintendent of Police. (1)
The owner of the Cyber cafe shall take sufficient precaution so that
computers and computer systems in the Cyber Cafe are not used for any illegal
or criminal activity. (2)
Cyber Cafe Owner/Network Service Provider shall not allow any User to
use his Computer, Computer System and /or Computer Network without the identity
of the User being established before him. The intending user may establish his
identity by producing any Photo Identity Card Issued by any school or College
or a Photo Credit Card of any bank or Passport or Voters Identity Card or PAN
Card issued by Income-Tax authorities or Photo Identity Card issued by the
Employer or Driving License to the satisfaction of Cyber Cafe Owner. (3)
After the identity of the User is established, the owner of the Cyber
Cafe or the manager or the attendant or on his behalf any authorized person
managing the Cyber Cafe shall obtain and maintain the following information in
the Log Register for each user: (i)
Name of the
User (ii)
Age and Sex
of the User (iii)
Proof of
Identity Produced and its details/Number (iv)
Present
residential address of the User (v)
IP address
of the computer used (vi)
Name of
Network service provider (vii)
Log in time (viii)
Log out time (ix)
Photograph
of the user taken by Cyber Cafe Owner through Web Cam (x)
Signature of
User. (4)
The Cyber Cafe Owner/Network Service Provider will keep on record the
photo copy of the proof of identity. (5)
All the computers in the Cyber cafe shall be equipped with the safety
software so as to avoid access to the web sites relating to pornography,
obscenity, terrorism and other objection able materials. (6)
All time clocks in Cyber Cafes must be regularly checked and
synchronized with Indian Standard Time (1ST). (7)
Maintaining proper account of the User as explained shall be the
responsibility of the Cyber Cafe Owner/Network Service Provider. (8)
Log Register and the Photograph of the User shall be maintained by the
Cyber Cafe Owner/Network Service Provider for a minimum period of One Year and
shall be provided to Law enforcement agencies as and when required. (9)
The Cyber Cafe owner shall be responsible for storing and maintaining
backup of following logs for at least six months: (A)
Proxy logs (B)
Any other
logs created by network software, if any. (10)
If any activity of the Visitor/user is of suspicious nature, the owner
of the Cyber Cafe shall immediately inform the nearest Police Station. (1)
Police authorities may inspect Cyber Cafes at all reasonable time to
ensure compliance of these rules. (2)
If any Cyber Cafe Owner/Network Service Provider fail to maintain the
Log register and records, he shall be liable for penalties as provided in the
Act or any other Law, for the lime being in force.Rajasthan Cyber Cafe Rules, 2007