The Andhra Pradesh Core Digital Data Authority (Effective Delivery of e-Services) Act, 2017.
**Sections**


**THE ANDHRA PRADESH CORE DIGITAL**

**DATA AUTHORITY (EFFECTIVE DELIVERY OF**

**E-SERVICES) ACT, 2017**

**ARRANGEMENT OF SECTIONS**

**CHAPTER I**

**PRELIMINARY**

1. Short title, extent, application and Commencement.
2. Definitions.

**CHAPTER II**

**COLLECTION OF CORE DIGITAL DATA**


**3. Unicore number.**
**4. Properties of Unicore number.**
**5.Special measures for issuance of Unicore number to certain**

**category of persons.**

**CHAPTER III**

**AUTHENTICATION OF CORE ENTRY**

**6. Proof of Unicore necessary for receipt of services.**
**7. Authentication of Unicore number.**
**8. Unicore number not evidence of ownership or rights.**
**9. Core Digital Data Repository.**

**CHAPTER IV**

**CORE DIGITAL DATA AUTHORITY**

**10. Establishment of Authority.**
**11. Composition of Authority.**
**12. Qualifications for appointment of Chairperson and Members**

**of Authority.**

**13. Term of office and other condition of service of Chairperson**

**and members.**

**14.Removal of Chairperson and members.**
**15. Restriction as Chairpersons or members on employment after**

**cessation of office.**

**16. Functions of Chairperson.**
**17. Chief Executive Officer.**
**18. Meetings of Authority.**
**19. Officers and other employees of Authority.**


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**20. Powers and Functions of Authority.**

**CHAPTER V**

**GRANTS, ACCOUNTS AND AUDIT AND ANNUAL REPORT**

**21. Grants by State Government.**
**22. Accounts and Audit.**

**CHAPTER VI**

**PROTECTION AND MAINTENANCE OF CORE DIGITAL DATA**

**23. Security and Confidentiality of information.**
**24. Restriction on sharing Core Data.**
**25. Alteration of Core Data.**
**26. Disclosure of information in certain cases.**

**CHAPTER VII**

**OFFNECES AND PENALTIES**

**27. Penalty for impersonation at the time of enrolment.**
**28. Penalty for impersonation.**
**29. Penalty for unauthorised access to the Core Digital Data**

**Repository.**

**30. Penalty for unauthorized use by request entity.**
**31. Penalty for non-compliance with intimation requirements.**
**32. General Penalty.**
**33. Act to apply for offence or contravention committed outside**

**India.**

**34. Cognizance of offence.**

**CHAPTER VIII**

**MISCELLANEOUS**

**35. Power of State Government to issue directions.**
**36. Delegation.**
**37. Protection of action taken in good faith.**
**38. Power of State Government to make rules.**
**39. Power of Authority to make regulations.**
**40. Application other laws not barred.**
**41. Power to remove difficulties.**


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**THE ANDHRA PRADESH CORE DIGITAL**

**DATA AUTHORITY (EFFECTIVE DELIVERY OF**

**E-SERVICES) ACT, 2017**

**(ACT No.15 of 2017)**

[29[th] May, 2017]

**AN ACT TO PROVIDE FOR COLLECTION OF CORE DATA FOR THE**
**PURPOSES OF PROVIDING AN EFFICIENT, TRANSPARENT, AND**
**CONVENIENT DIGITAL SERVICES TO THE CITIZENS AND BUSINESS**
**COMMUNITY OF THE STATE AND FOR PROVIDING GOOD**
**GOVERNANCE, AND FOR MATTERS CONNECTED THEREWITH OR**
**INCIDENTAL THERETO.**

Be it enacted by the Legislature of Andhra Pradesh in the Sixty-eighth

Year of the Republic of India as follows:
**CHAPTER I**

**PRELIMINARY**

**1.** **Short title, extent, application and Commencement - (1) This Act**

may be called The Andhra Pradesh Core Digital Data Authority (Effective
Delivery of e-Services) Act, 2017.

(2) It shall extend to the whole of the State of Andhra Pradesh and

save as otherwise provided in this Act, it shall also apply to any offence or
contravention thereunder committed outside Andhra Pradesh by any
person.

(3) It shall come into force on such date as the State Government may,

by notification in the Andhra Pradesh Gazette, appoint.

**2.** **Definitions - In this Act, unless the context otherwise requires,—**

(a) “Authentication” means the process by which the core data of

a core entity is submitted to the Core Data Repository for its
verification and such Repository verifies the correctness, or
the lack thereof, on the basis of information available with
it;

(b) “Authentication Record” means the record of the time of

authentication and identity of the requesting entity and the
response provided by the Authority thereto;

(c) “Authority” means the Andhra Pradesh Core Digital Data

Authority established under sub-section (1) of section 10;

(d) “Chairperson” means the Chairperson of the Authority

appointed under section 11;


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(e)  “Core Data Collection” means the process, as may be

specified by regulations, to collect core data from individuals
and organizations as may be the case, by the core data
agencies for the purpose of providing services;

(f) “Core Data Collection Agency (CDCA)” means an agency

appointed by the Authority or by the “Owner of Core Digital
Data (OCDD)”, as the case may be, for collecting core digital
data under this Act, and transmitting it automatically and
securely to the Core Digital Data Repository ;

(g) “Core Digital Data” means the essential and minimal data

about core entities and collected, transmitted, stored,
maintained secured and processed in a digital form, in the
course of or for the purpose of providing efficient,
transparent and convenient digital services to the citizens
and the business community of the State and for providing
good governance;

(h) “Core Digital Data Repository (CDDR)” means a centralised

database in one or more locations containing the core digital
data and other information related thereto;

(i)  “Core Data Service Agency (CDSA)” means the organisation

authorized by the owner to access the core data for the
purposes of processing the same in a manner defined by the
owner and providing services specified or approved by the
owner;

(j) “Core Entity” means a physical or artificial juridical person,

property or thing, namely,

(i) ) the households in the State,
(ii) the land parcels and immoveable properties attached

thereto,

(iii) the artificial juridical persons or establishments

registered or operating in the State, and

(iv) the sensors and intelligent devices deployed for

capturing and communicating information to central
servers.

(k) “Custodian or Core Digital Data (CCDD)” means the legal

entity with the rights to hold and manage the Core Digital
Data on behalf of the owners of such Core Digital Data, and
includes the agencies notified by the custodian for holding
and managing the Core Digital Data;

(l)  “Member” includes the Chairperson and Member of the

Authority appointed under section 11;


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(m) “Notification” means a notification published in the Andhra

Pradesh Gazette and the expression “notified” with its
cognate meanings and grammatical variations shall be
construed accordingly;

(n) “Owner of Core Digital Data (OCDD)” or “owner” means the

entity, which is notified through a regulation, to have the
full legal rights of ownership and control of the Core Digital
Data and obliged by such notification to be responsible for
the manner in which such a data is used;

(o) “Prescribed” means prescribed by rules made by the State

Government or Authority under this Act;

(p) “Regulations” means the regulations made by the Authority

under this Act;

(q) “Requester” means an agency or person that submits the

UNICORE of a core entity, and such other information as
may be required by regulation, to the Core Digital Data
Repository for authentication;

(r) “Service” means any provision, facility, utility or any other

assistance provided in any form to an individual or a group
of individuals and includes such other services as may be
notified by the State Government;

(s) “Steward of Core Digital Data” means a person designated by

name and position by the owner to be responsible for the
security, privacy and appropriate use of the Core Digital
Data;

(t) “Unique Number for Identification of Core Entity (UNICORE)”

means the number assigned to a core entity in such method
as may be notified by regulation, and different methods may
be prescribed for assigning UNICOREs to different types of
core entities.

**CHAPTER II**

**COLLECTION OF CORE DIGITAL DATA**

**3. Unicore number - (1) Every core entity in the State shall be assigned a**
Unique Number called UNICORE number by collecting the core data and
following such processes as may be notified in a regulation.

(2) The Core Data Collection Agency (CDCA) shall, at the time of

collecting the core data, inform the core entity or the owner thereof as the
case may be, of the following details in such manner as may be specified by
regulations, namely:

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(a) the manner in which the data shall be used; ‘’

(b) the nature of recipients with whom the data is intended to

be shared; and

(c) the existence of a right to access the data, the procedure

for making requests for such access, and details of the
person or department in-charge to whom such requests can
be made.

(3) On receipt of the core data under sub-section (1), the Authority

shall, after verifying the data, in such manner as may be specified by
regulations, issue a UNICORE number to such core entity.

**4. Properties of Unicore number - (1) A UNICORE number, issued to a**
core entity shall not be re-assigned to any other entity.

(2) The UNICORE number shall be in such a format and have such

attributes as the Authority may notify, and shall enable identification of the
core entity to which it relates. The Authority may notify different formats
and attributes for different types of core entities. The Authority may also
assign appropriate distinct names to different categories of UNICORE
numbers.

(3) A UNICORE number, in physical or electronic form subject to

authentication and other conditions, as may be specified by regulations,
may be accepted as proof of the existence of a distinct core entity and, as
may be the case, its location.

**Explanation:- For the purposes of this sub-section, the expression**
“electronic form” shall have the same meaning as assigned to it in clause (r)
of sub-section (1) of section 2 of the Information Technology Act, 2000(Act
No.21 of 2000).

**5.** **Special measures for issuance of Unicore number of certain category**
**of persons - (1) The Authority may require the core entities or the owners**
thereof to update the core data, from time to time, in such manner as may
be specified by regulations, so as to ensure continued accuracy of their
information in the Core Digital Data Repository.

(2) The Authority may also take such steps as may be specified in

appropriate regulations so as to ensure that the core data remains accurate
and current.

**CHAPTER III**

**AUTHENTICATION OF CORE ENTITY**


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**6. Proof of Unicore necessary for receipt of services - The State**
Government may, for the purpose of establishing the identity and the
attributes of a core entity as a condition for receipt of a service for which the
core data is required, require that such core entity to undergo
authentication, or furnish proof of possession of a UNICORE number or in
the case of an entity for which no UNICORE number has been assigned,
such entity or its owner, as the case may be, makes an application for
issuance of a UNICORE number:

Provided that if a UNICORE number is not assigned to an entity, the

entity or the owner thereof as the case may be, shall be offered alternate and
viable means of identification for delivery of the service.

**7. Authentication of Unicore number - (1) The Authority shall perform**
authentication of the UNICORE number of a core entity submitted by any
requester, in relation to its core data, subject to such conditions and on
payment of such fees and in such manner as may be specified by
regulations.

(2) A requester shall—

(a) unless otherwise provided in this Act, obtain the consent
of the entity before collecting core data for the purposes of
authentication in such manner as may be specified by
regulations; and
(b) ensure that the core data of an entity is only used for
submission to the Core Digital Data Repository for
authentication.

(3) A requester shall inform, in such manner as may be specified by

regulations, the core entity submitting its core data for authentication, the
following details with respect to authentication, namely:—

(a) the nature of information that may be shared upon
authentication;
(b) the uses to which the information received during
authentication may be put by the requester; and
(c) alternatives to submission of core data to the requester.

(4) The Authority shall respond to an authentication query with a

positive, negative or any other appropriate response sharing such core data.

**8. Unicore number not evidence of ownership or rights - The UNICORE**
number or the authentication thereof shall not, by itself, confer any right of,
or be proof of, ownership or rights in respect of the core entity.


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**9. Core Digital Data Repository - The Authority may engage one or more**
entities to establish and maintain the Core Digital Data Repository and to
perform any other functions as may be specified by regulations.

**CHAPTER IV**

**CORE DIGITAL DATA AUTHORITY**

**10. Establishment of Authority -  (1) The State Government shall, by**
notification, establish an Authority to be called as the Andhra Pradesh Core
Digital Data Authority to be responsible for prescribing the processes of
collection, transmission, storage and archival of core data and
authentication thereof on a request and for performing such other functions
assigned to it under this Act.

(2) The Authority shall be a body corporate by the name aforesaid,

having perpetual succession and a common seal, with power, subject to the
provisions of this Act, to acquire, hold and dispose of property, both movable
and immovable, and to contract, and shall, by the said name, sue or be
sued.

(3) The head office of the Authority shall be in Amaravati.

(4) The Authority may, with the prior approval of the State

Government, establish its offices at other places in the State.

**11. Composition Authority - The Authority shall consist of a Chairperson,**
appointed on part-time or full-time basis, three part-time Members, and the
Chief Executive Officer, who shall be Member-Secretary of the Authority, to
be appointed by the Government.

**12. Qualifications for appointment of Chairperson and Members of**
**Authority - The Chairperson and Members of the Authority shall be persons**
of ability and integrity having experience and knowledge of at least ten years
in matters relating to technology, governance, law, development, economics,
finance, management, public affairs or administration;

**13. Term of office and other condition of service of Chairperson and**
**members - (1) The Chairperson and the Members appointed under this Act**
shall hold office for a term of three years from the date on which they
assume office and shall be eligible for re-appointment.

Provided that no person shall hold office as the Chairperson or

Member after he has attained the age of sixty-five years.

(2) The Chairperson and every Member shall, before entering office,

make and subscribe to, an oath of office and of secrecy, in such form and in
such manner and before such Authority as may be prescribed;


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(3)  Notwithstanding anything contained in sub-section(1), the

Chairperson or Member may,
(a) relinquish his office, by giving in writing to the State
Government, a notice of not less than thirty days, or

(b) be removed from his office in accordance with the
provisions of section 14.

(4) The salaries and allowances payable to, and the other terms and

conditions of service of, the Chairperson and allowance or remuneration
payable to part-time Members shall be such as may be prescribed.

**14. Removal of Chairperson and members - (1) The State Government**
may remove from office, the Chairperson, or a Member, who,
(a) is, or at any time has been adjudged as insolvent;

(b) has become physically or mentally incapable of acting as

the Chairperson or, as the case may be, a Member;

(c) has been convicted of an offence which, in the opinion of
the Government, involves moral turpitude;

(d) has acquired such financial or other interest as is likely
to affect prejudicially his functions as the Chairperson or, as
the case may be, a Member; or

(e) has, in the opinion of the Government, so abused his
position as to render his continuance in office detrimental to
the public interest.

(2) The Chairperson or a Member shall not be removed under

clause (b), clause (d) or clause (e) of sub-section (1) unless he has been given
a reasonable opportunity of being heard.

**15. Restriction as Chairpersons or members on employment after**
**cessation of office - The Chairperson or a Member on ceasing to hold office**
for any reason, shall not, without previous approval of the State
Government, 
(a) accept any employment in, or be connected with the
management of any organisation, company or any other
entity which has been associated with any work done or
contracted out by the Authority, whether directly or
indirectly, during his tenure as Chairperson or Member, as
the case may be, for a period of three years from the date on
which he ceases to hold office:


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Provided that nothing contained in this clause shall apply to
any employment under the State Government or the Central
Government or local authority or in any statutory authority
or any corporation established by or under any Central,
State or provincial Act or a Government Company, as
defined in clause (45) of section 2 of the Companies Act,
2013 (Act No.18 of 2013);

(b) act, for or on behalf of any person or organisation in
connection with any specific proceeding or transaction or
negotiation or a case to which the Authority is a party and
with respect to which the Chairperson or such Member had,
before cessation of office, acted for or provided advice to, the
Authority;

(c) give advice to any person using information which was
obtained in his capacity as the Chairperson or a Member
and being unavailable to or not being able to be made
available to the public; or

(d) enter, for a period of three years from his last day in
office, into a contract of service with, accept an appointment
to a board of directors of, or accept an offer of employment
with, an entity with which he had direct and significant
official dealings during his term of office.

**16. Functions of Chairperson - The Chairperson shall preside over the**
meetings of the Authority, and with prejudice to any provision of this Act,
exercise and discharge such other powers and functions of the Authority as
may be prescribed.

**17. Chief Executive Officer - (1) There shall be Chief Executive Officer of**
the Authority, not below the rank of a Joint Secretary to a State
Government, to be appointed by the State Government.

(2) The Chief Executive Officer shall be the legal representative of the

Authority and shall be responsible for,
(a) the day-to-day administration of the Authority;

(b) implementing the work programmes and decisions
adopted by the Authority;

(c) drawing up of proposal for the Authority’s decisions and
work programmes;

(d) the preparation of the statement of revenue and
expenditure and the execution of the budget of the
Authority; and


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(e) performing such other functions, or exercising such other
powers, as may be specified by regulations.

(3) Every year, the Chief Executive Officer shall submit to the

Authority for approval----
(a) a general report covering all the activities of the Authority
in the previous year;

(b) programmes of work;

(c) the annual accounts for the previous year; and

(d) the budget for the coming year.

**18. Meetings of Authority, - (1) Authority shall meet at such times and**
places and shall observe such rules of procedure in regard to the
transaction of business at its meetings, including quorum at such meetings,
as may be specified by regulations.

(2)The Chairperson, or, if for any reason, he is unable to attend a

meeting of the Authority, the senior most Member shall preside over the
meetings of the Authority.

(3) All questions which come up before any meeting of the Authority

shall be decided by a majority of votes by the Members present and voting
and in the event of an equality of votes, the Chairperson or in his absence
the presiding Member shall have a casting vote.

(4) If any Member, who is a director of a company and who as such

director, has any direct or indirect pecuniary interest in any manner coming
up for consideration at a meeting of the Authority, he shall, as soon as
possible after relevant circumstances have come to his knowledge, disclose
the nature of his interest at such meeting and such disclosure shall be
recorded in the proceedings of the Authority, and the Member shall not take
part in any deliberation or decision of the Authority with respect to that
matter.

**19. Officers and other employees of Authority, - (1) The Authority may,**
with the approval of the Government, determine the number, nature and
categories of other officers and employees required by the Authority in the
discharge of its functions.

(2) The salaries and allowances payable to, and the other terms and

conditions of service of, the Chief Executive Officer and other officers and
other employees of the Authority shall be such as may be specified by
regulations with the approval of the Government.

**20. Powers and Functions of Authority - (1) The Authority shall develop**
the policy, procedure and systems for issuing UNICORE numbers to core
entities and perform authentication thereof under this Act;


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(2) Without prejudice to sub-section(1), the powers and functions of

the Authority, inter alia, include, 
(a) specifying by regulations, core data required for issuing a
UNICORE number and the processes for collection and
verification thereof;

(b) collecting core data in such manner as may be specified
by regulations;

(c) appointing of one or more entities to operate the Core
Digital Data Repository;

(d) generating and assigning UNICORE numbers to core
entities;

(e) performing authentication of UNICORE numbers;

(f) maintaining and updating the core data in the Core
Digital Data Repository in such manner as may be specified
by regulations;

(g) omitting and deactivating of a UNICORE number and
information relating thereto in such manner as may be
specified by regulations;

(h) specifying the manner of use of core data for the
purposes of providing or availing of various services and
other purposes for which it may be used;

(i) specifying, by regulations, the terms and conditions for
appointment of core data collection agencies and service
providers and revocation of appointments thereof;

(j) sharing, in such manner as may be specified by
regulations, the core data, subject to the provisions of this
Act;

(k) calling for information and records, conducting
inspections, inquiries and audit of the operations for the
purposes of this Act of the Core Digital Data Repository, core
data collection agencies and other agencies appointed under
this Act;

(l) specifying by regulations, various processes relating to
data management, security protocols and other technology
safeguards under this Act;


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(m) levying and collecting the fees or authorising the owners,
core data collection agencies or other service providers to
collect such fees for the services provided by them under
this Act in such manner as may be specified by regulations;

(n) promoting research and development for advancement in
data management and related areas, including usage of
UNICORE numbers through appropriate mechanisms;

(o) such other powers and functions as may be prescribed.

**CHAPTER V**

**GRANTS, ACCOUNTS AND AUDIT AND ANNUAL REPORT**

**21. Grants by State Government - The State Government may, make to**
the Authority, grants of such sums of money as it may think fit for being
utilised for the purposes of this Act;

**22. Accounts and Audit - (1) The Authority shall maintain proper accounts**
and other relevant records and prepare an annual statement of accounts in
such form as may be prescribed by the Government;

(2) The accounts of the Authority shall be audited annually by the

Comptroller and Auditor-General of India at such intervals as may be
specified by him and any expenditure incurred in connection with such
audit shall be payable by the Authority to the Comptroller and AuditorGeneral.

(3) The Authority shall prepare, once in every year, and in such form

and manner and at such time as may be prescribed, an annual report
giving--
(a) a description of all the activities of the Authority for the
previous years;

(b) the annual accounts for the previous year; and

(c) the programmes of work for coming year.

(4) A copy of the report received under sub-section (2) shall be laid by

the State Government, as soon as may be after it is received, before each
House of Legislature.


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**CHAPTER VI**

**PROTECTION AND MAINTENANCE OF CORE DIGITAL DATA**

**23. Security and Confidentiality of information - (1) The Authority shall**
ensure the security of core digital data and authentication records of the
same;

(2) Subject to the provisions of this Act, the Authority shall ensure

confidentiality of core data and authentication records of core entities,
unless such information has been declared as public record by the law for
the time being in force;

(3) The Authority shall take all necessary measures to ensure that the

information in the possession or control of the Authority, including
information stored in the Core Digital Data Repository, is secured and
protected against access, use or disclosure not permitted under this Act or
regulations made thereunder, and against accidental or intentional
destruction, loss or damage;

(4) Without prejudice to sub-sections(1) and (2), the Authority shall,
(a) adopt and implement appropriate technical and
organizational security measures;

(b) ensure that the agencies, consultants, advisors or other
persons appointed or engaged for performing any function of
the Authority under this Act, have in place appropriate
technical and organisational security measures for the
information; and

(c) ensure that the agreements or arrangements entered into
with such agencies, consultants, advisors or other persons
impose obligations equivalent to those imposed on the
Authority under this Act, and require such agencies,
consultants, advisors and other persons to act only on
instructions from the Authority.

(5) Notwithstanding anything contained in any other law for the time

being in force, and save as otherwise provided in this Act, the Authority or
any of its officers or other employees or any agency that maintains the Core
Digital Data Repository shall not, whether during his service or thereafter,
reveal any information stored in the Core Digital Data Repository or
authentication record to anyone:

**24. Restriction on sharing Core Data - The core data, collected or created**
under this Act may be shared only in accordance with the provisions of this
Act and in such manner as may be specified by regulations.


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**25. Alteration of Core Data - (1) In case any core data is found incorrect or**
changes subsequently, the UNICORE number holder shall request the
Authority to alter such data in the Core Digital Data Repository in such
manner as may be specified by regulations.

(2) On receipt of any request under sub-section(1), the Authority may,

if it is satisfied, make such alteration as may be required in the record
relating to such entity and intimate such alteration to the concerned
UNICORE number holder.

(3) The Authority may, by regulation, permit a change in the core

digital data, as a consequence of or incidental to a transaction or event that
necessitates or has the effect of changing any element of a core digital data,
and in all such cases, the Authority shall ensure that the aforesaid
transactions shall be completed only after the aforesaid change has been
committed simultaneously and in an automated manner in the databases of
the Authority and of the owner of such core digital date, so as to ensure that
the core digital maintained by the Authority remains current and always
held to be the single source of truth in respect of such data.

(4) The Authority may prescribe, by regulations, the appropriate

procedures, application programming interfaces and standards for the
purposes of giving effect to the requirements of sub-section(3).

**26. Disclosure of information in certain cases - (1) Nothing contained in**
section 23 or 24 shall apply in respect of any disclosure of information,
including identity information or authentication records, made pursuant to
an order of a court not inferior to that of a District Judge;

Provided that no order by the court under this sub-section shall be

made without giving an opportunity of hearing to the Authority.

(2) Nothing contained in section 23 or section 24 shall apply respect of

any disclosure of information, including identity information or
authentication records, made in the interest of national security in
pursuance of a direction of an officer not below the rank of Joint Secretary
to the State Government specially authorised in this behalf by an order of
the Government.

**CHAPTER VII**

**OFFENCES AND PENALTIES**

**27. Penalty for impersonation at the time of enrolment - Whoever, with**
the intention of causing harm or mischief to the holder of a UNICORE
number, or changes or attempts to change any core data shall be
punishable with imprisonment for a term which may extend to one year and
shall also be liable to a fine which may extend to ten thousand rupees.


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**28. Penalty for impersonation - Whoever, not being authorized to collect**
core data under the provisions of this Act, by words, conduct or demeanour
pretends that he is authorized to do so, shall be punishable with
imprisonment for a term which may extend to one year or with a fine which
may extend to ten thousand rupees or, in the case of a company, with a fine
which may extend to one lakh rupees or with both.

**29. Penalty for unauthorized access to the Core Digital Data Repository**

**- Whoever, not being authorized by the Authority, intentionally,-**

(a) accesses or secures access to the Core Digital Data
Repository;

(b) downloads, copies or extracts any data from the
Repository or stored in any removable storage medium;

(c) introduces or causes to be introduced any virus or other
computer contaminant in the Repository;

(d) damages or causes to be damaged the data in the
Repository;

(e) disrupts or causes disruption of the access to the
Repository;

(f) denies or causes a denial of access to any person who is
authorised to access the Repository;

(g) reveals, shares, uses any core data in contravention of
the Act, or

(h) steals, conceals, destroys or alters or causes any person
to steal, conceal, destroys or alter any computer source code
used by the Authority with an intention to cause damage,
shall be punishable with imprisonment for a term which
may extend to one year and shall also be liable to a fine
which shall not be less than one lakh rupees.

**30. Penalty for unauthorized use by request entity - Whoever, being a**
requester, uses the core data in contravention of the Act, shall be
punishable with imprisonment which may extend to one year or with a fine
which may extend to ten thousand rupees or, in the case of a company, with
a fine which may extend to one lakh rupees or with both.

**31.  Penalty for non-compliance with intimation requirements -**
Whoever, being a Core Data Collection Agency or a requester, fails to comply
with the requirements of the Act, shall be punishable with imprisonment
which may extend to one year or with a fine which may extend to ten
thousand rupees or, in the case of a company, with a fine which may extend
to one lakh rupees or with both.


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**32. General Penalty - Whoever commits an offence under this Act or any**
rules or regulations made thereunder for which no specific penalty is
provided elsewhere than this section, shall be punishable with
imprisonment for a term which may extend to one year or with a fine which
may extend to twenty-five thousand rupees or, in the case of accompany,
with a fine which may extend to one lakh rupees, or with both.

**33. Act to apply for offence or contravention committed outside India -**

(1) Subject to the provisions of sub-section(2), the provisions of this

Act shall apply also to any offence or contravention committed outside India
by any person, irrespective of his nationality;

(2) For the purposes of sub-section(1), the provisions of this Act shall

apply to any offence or contravention committed outside India by any
person, if the act or conduct constituting the offence or contravention
involves any data in the Repository.

**34. Cognizance of offence -  (1) No court shall take cognizance of any**
offence punishable under this Act, save on a complaint made by the
Authority or any officer or person authorized by it.

(2) No court inferior to that of a Chief Metropolitan Magistrate or a

Chief Judicial Magistrate shall try any offence punishable under this Act.

**CHAPTER VIII**

**MISCELLANEOUS**

**35. Power of State Government to issue directions - (1) Without**
prejudice to the foregoing provisions of this Act, the Authority shall, in
exercise of its powers or the performance of its functions under this Act be
bound by such directions, as the State Government may give, in writing to
it, from time to time:

Provided that the Authority shall, as far as practicable, be given an

opportunity to express its views before any direction is given under this subsection;

Provided further that nothing in this section shall empower the State

Government to issue directions pertaining to technical or administrative
matters undertaken by the Authority.

(2) The decision of the State Government shall be final.

**36. Delegation - The Authority may, by general or special order in writing,**
delegate to any Member, officer of the Authority or any other person, subject
to such conditions, if any, as may be specified in the order, such of its
powers and functions under this Act as it may deem necessary.


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**37. Protection of action taken in good faith -  No suit, prosecution or**
other legal proceeding shall lie against the State Government or the
Authority or the Chairperson or any Member or any officer, or other
employees of the Authority for anything which is in good faith done or
intended to be done under this Act or the rule or regulation made
thereunder.

**38. Power of State Government to make rules - (1) The State Government**
may, by notification, make rules to carry out the provisions of this Act.

(2) Every rule made by the State Government, under this Act shall be

laid, as soon as any be after it is made, before each House of State
Legislature, while it is in session, for a total period of fourteen days which
may be comprised in one session or in two or more successive session, and
if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be
made, the rule, shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.

**39. Power of Authority to make regulations - The Authority may, by**
notification, make regulations consistent with this Act and the rules made
thereunder, for carrying out the provisions of this Act.

**40. Application other laws not barred- The provisions of this Act shall be**
in addition to, and not in derogation of, any other law for the time being in
force.

**41. Power to remove difficulties - (1) If any difficulty arises in giving effect**
to the provisions of this Act, the State Government may, by order, published
in the Andhra Pradesh Gazette, make such provision not inconsistent with
the provisions of this Act as may appear to be necessary for removing the
difficulty;

Provided that no such order shall be made under this section after

the expiry of three years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may

be after it is made, before each House of Legislature.

**M. SRIHARI BABU,**

Secretary to Government (I/c),

Law Department.


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