Cyber Cafe Registration in New Delhi

I have not received any response to my query. Please respond ASAP

Dear Mr. Raj:

Please check the Shops and Commercial Establishment Act for registration of Cyber Cafe in Delhi. I think the said Act is applicable.

Sincerely yours,

Navin Arya

Registration of Caber Cafe is mandatory. Registration agency is Delhi Police Licensing agency and it comes under video parlor category. 

It’s easy to get registration, but there are rules to be followed.

Please connect with me in you need further information.

Regards

Saurabh Dubey

9999109076

[भाग II- खÖड 3(i)] भारत का राजपğ : असाधारण

NOTIFICATION 

New Delhi, the 11th April, 2011 

G.S.R. 315(E).— In exercise of the powers conferred by clause (zg) of subsection (2) of section 87 read with sub-section (2) of section 79 of the Information 

Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following 

rules, namely:— 

1. Short title and commencement.— (1) These rules may be called the Information 

Technology (Guidelines for Cyber Cafe) Rules, 2011. 

(2) They shall come into force on the date of their publication in the Official Gazette. 

2. Definitions — (1) In these rules, unless the context otherwise requires,-- 

(a) "Act" means the Information Technology Act, 2000 (21 of 2000); 

(b) "Appropriate Government" means the Central Government or the State Government 

or an Union Territory Administration; 

(c) "Cyber Cafe" means cyber cafe as defined in clause (na) of sub-section (1) of 

section 2 of the Act; 

(d) "computer resource" means a computer resource as defined in clause (k) of subsection (1) of section 2 of the Act; 

(e) "Data" means data as defined in clause (o) of sub-section (1) of section 2 of the 

Act; 

(f) "Information" means information as defined in clause (v) of sub-section (1) of 

section 2 of the Act; 

(g) "Intermediary" means an intermediary as defined in clause (w) of sub-section (1) 

of section 2 of the Act; 

(h) "Registration Agency" means an agency designated by the Appropriate 

Government to register cyber cafe for their operation; 

(i) "Log Register" - means a register maintained by the Cyber Cafe for access and 

use of computer resource; 

1330 GI/11-4A THE GAZETTE OF INDIA: EXTRAORDINARY [ PART II-SEC. 3(i)] 

(j) "User" means a person who avails or access the computer resource and includes other 

persons jointly participating in availing or accessing the computer resource in a cyber 

cafe. 

(2) All other words and expressions used and not defined in these rules but defined in the Act 

shall have the meanings respectively assigned to them in the Act. 

3. Agency for registration of cyber cafe.— (1) All cyber cafes shall be registered with a unique 

registration number with an agency called as registration agency as notified by the Appropriate 

Government in this regard. The broad terms of registration shall include: 

(i) name of establishment; 

(ii) address with contact details including email address; 

(iii) whether individual or partnership or sole properitership or society or company; 

(iv) date of incorporation; 

(v) name of owner/partner/properiter/director; 

(vi) whether registered or not (if yes, copy of registration with Registrar of Firms or 

Registrar of Companies or Societies); and 

(vii) type of service to be provided from cyber cafe 

Registration of cyber cafe may be followed up with a physical visit by an officer from the 

registration agency. 

(2) The details of registration of cyber cafe shall be published on the website of the 

registration agency. 

(3) The Appropriate Government shall make an endeavour to set up on-line registration 

facility to enable cyber cafe to register on-line. 

(4) The detailed process of registration to be mandatorily followed by each Registration 

Agency notified by the Appropriate Government shall be separately notified under these rules by 

the central Government. 

4. Identification of User.— (1) The Cyber Cafe shall not allow any user to use its computer 

resource without the identity of the user being established. The intending user may establish his 

identify by producing a document which shall identify the users to the satisfaction of the Cyber 

Cafe. Such document may include any of the following :— 

(i) Identity card issued by any School or College; or 

1330 GI/11-4B [भाग II- खÖड 3(i)] भारत का राजपğ : असाधारण

(ii) Photo Credit Card or debit card issued by a Bank or Post Office; or 

(iii) Passport; or 

(iv) Voter Identity Card; or 

(v) Permanent Account Number (PAN) card issued by Income-Tax Authority; or 

(vi) Photo Identity Card issued by the employer or any Government Agency; 

or 

(vi) Driving License issued by the Appropriate Government; or 

(vii) Unique Identification (UID) Number issued by the Unique Identification Authority 

of India (UIDAI). 

(2) The Cyber Cafe shall keep a record of the user identification document by either 

storing a photocopy or a scanned copy of the document duly authenticated by the user and 

authorised representative of cyber cafe. Such record shall be securely maintained for a period 

of at least one year. 

(3) In addition to the identity established by an user under sub-rule (1), he may be 

photographed by the Cyber Cafe using a web camera installed on one of the computers in the 

Cyber Cafe for establishing the identity of the user. Such web camera photographs, duly 

authenticated by the user and authorised representative of cyber cafe, shall be part of the log 

register which may be maintained in physical or electronic form. 

(4) A minor without photo Identity card shall be accompanied by an adult with any of the 

documents as required under sub-rule (1). 

(5) A person accompanying a user shall be allowed to enter cyber cafe after he has 

established his identity by producing a document listed in sub-rule(1) and record of same shall 

be kept in accordance with sub-rule (2). 

(6) The Cyber cafe shall immediately report to the concerned police, if they have 

reasonable doubt or suspicion regarding any user. 

5. Log Register.— (1) After the identity of the user and any person accompanied with him 

has been established as per sub-rule (1) of rule 4, the Cyber Cafe shall record and 

maintain the required information of each user as well as accompanying person, if any, in 

the log register for a minimum period of one year. 

(2) The Cyber Cafe may maintain an online version of the log register. Such online version of 

log register shall be authenticated by using digital or electronic THE GAZETTE OF INDIA: EXTRAORDINARY [ PART II-SEC. 3(i)] 

signature. The log register shall contain at least the following details of the user, 

namely : — 

(ii) Name 

(iii) Address 

(iv) Gender 

(v) Contact Number 

(vi) Type and detail of identification document 

(vii) Date 

(vii) Computer terminal identification 

(viii) Log in Time 

(ix) Log out Time 

(3) Cyber Cafe shall prepare a monthly report of the log register showing date- wise details 

on the usage of the computer resource and submit a hard and soft copy of the same to the person 

or agency as directed by the registration agency by the 5th day of next month. 

(4) The cyber cafe owner shall be responsible for storing and maintaining backups of 

following log records for each access or login by any user of its computer resource for atleast

one year:— 

 (i) History of websites accessed using computer resource al cyber cafe; 

 (ii) Logs of proxy server installed at cyber cafe. 

Cyber Cafe may refer to "Guidelines for auditing and logging - CISG-2008-01" prepared and 

updated from time to time by Indian Computer Emergency Response Team (CERT-ln) for any 

assistance related to logs. This document is available at www.cert-in.org.in

(5) Cyber cafe shall ensure that log register is not altered and maintained in a secure 

manner for a period of at least one year. 

6. Management of Physical Layout and computer resource.— (1) Partitions of Cubicles built 

or installed if any, inside the Cyber Cafe, shall not exceed four and half feet in height from the 

floor level. 

(2) The screen of all computers installed other than in Partitions or Cubicles shall face 

'outward', i.e. they shall face the common open space of the Cyber Cafe. 

(3) Any Cyber Cafe having cubicles or partitions shall not allow minors to use any computer 

resource in cubicles or partitions except when they are accompanied by their guardians or 

parents. [भाग II- खÖड 3(i)] भारत का राजपğ : असाधारण

(4) All time clocks of the computer systems and servers installed in the Cyber Cafe shall be 

synchronised with the Indian Standard Time. 

(5) All the computers in the cyber cafe may be equipped with the commercially available 

safety or filtering software so as to avoid as far as possible, access to the websites relating to 

p*rnography including child p*rnography or obscene information. 

(6) Cyber Cafe shall take sufficient precautions to ensure that their computer resource are not 

utilised for any illegal activity. 

(7) Cyber Cafe shall display a board, clearly visible to the users, prohibiting them from viewing 

p*rnographic sites as well as copying or downloading information which is prohibited under the 

law. 

(8) Cyber Cafe shall incorporate reasonable preventive measures to disallow the user from 

tampering with the computer system settings. 

(9) Cyber cafe shall maintain the user identity information and the log register in a secure 

manner. 

(10) Cyber cafe shall also maintain a record of its stafr for a period of one year 

(11) Cyber cafe shall not misuse or alter the information in the log register. 

7. Inspection of Cyber Cafe : (1) An officer autnorised by the registration agency, is authorised 

to check or inspect cyber cafe and the computer resource of network established therein, at any 

time for the compliance of these rules. The cyber cafe owner shall provide every related 

document, registers and any necessary information to the inspecting officer on demand. 

 Rohit Naagpal 

M.com , LL.B