THE GAZETTE OF INDIA EXTRAORDINARY 16 [Parr li— () the intermediary does not— (8) initiate the transmission, (ii) select the receiver of the transmission, and (iii) select or modify the information contained in the transmission; (c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf. (3) The provisions of sub-section (/) shall not apply if— (a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act; (6) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. £xplanation.—For the purposes of this section, the expression “third party information” means any information dealt with by an intermediary in his capacity as an intermediary. CHAPTER XA. ‘i Central Government to notify Examiner of. Electronic Evidence. EXAMINER OF ELECTRONIC EVIDENCE 79A. The Central Government may, for the purposes of providing expert opinion on electronic form evidence before any court or other authority specify, by notification in the Official Gazette, any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence. Explanation. —For the purposes of this section, “electronic form evidence” means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines.". Amendment of section 80. Amendment of section 81. 41. In section 80 of the principal Act, in sub-section (/), for the words “Deputy Superintendent of Police”, the word “Inspector” shail be substituted. 42. Insection 81 of the principal Act, the following proviso shall be inserted at the end, namely:— “Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.”. Amendment of section 82. 43, In section 82 of the principal Act— (q) for the marginal heading, the following marginal heading shall be substituted, namely:— “Chairperson, Members, officers and employees to be public servants,”; (6) for the words “Presiding Officer”, the words “Chairperson, Members” shall be substituted. Amendment Of section 84. 44. In section 84 of the principal Act, for the words “Presiding Officer”, the words “Chairperson, Members” shall be substituted. Insertion of 45. After section 84 of the principal Act, the following sections shall be inserted, namely:— new sections 84A, 84B and 84C. 14 of 1957. 39 of 1970.